Professional Responsibility

Professional Responsibility Class Notes         The question is not what’s right, but the best answer. Once in a state bar getting into a federal court is not hard. Federal bar not really interested in regulating lawyers, state bars are. Character and Fitness are the key things state bars look for. o No one really knows what C&F are. Florida has a mandatory bar, which means you must be a member of the Florida Bar Association. If a voluntary bar such as in New York must pass the C&F test. Gerald Smith Example (p. 32) Discipline of Practicing Lawyers September 12, 2006     For exams need to know the model rules and the comments to them. Same goes for the reading in the book. Don’t really need to know the cases Need to know standard in Cinema (p180) for both midterm and final. o Cinerama case held that adverse representation against a client with a continuing relationship with the lawyer is prima facie improper and the attorney must show that there is no apparent or actual conflict in loyalty or diminution in vigor of his representation. See the factors listed on page 181. If a reasonable objective observer would conclude that her representation would be adversely affected, she may not even ask for client consent. Directly Adverse o When you represent both sides in a case. Materially Limited o ? Deciding if someone is a current client o Time Frame since last worked with client o Number of times you’ve worked with a client o Have they used other law firms o Was the client satisfied with your prior work If former then use rule 1.9       October 3, 2006 (Midterm Review)           20 MC/ 3 short answer Cover everything up through last thusay 1.0 Know Informed Consent Knows and Reasonable Should 1.1 How to represent some effectively 1.2 Who gets to make the decisions 1.3 1.5 Fees (know the factors for what is a reasonable fee), forms of payment, arrangement 1.6 Confidentiality (FL and Model Rules) 1.7-1.10 Know general rules (former/past client) (Husband and Wife) (Estate Will drafting situation)            Define what a substantially related matter is. Organization as a client o Know Florida differences Business Judgment v. Legal Advice Conversation with employees 1.15 Safekeeping Client Property(Where the money needs to go in certain situation) 1.16 Know how to withdraw from certain situations 1.18 2.1 Know generally 8.1 Bar admission and disciplinary matters 8.3/8.4 general