PROFESSIONAL RESPONSIBILITY
Professor Flowers
Spring 2006
TABLE OF CONTENTS:
General Overview 02
Table of Rules 10
Application and Analysis of Rules 12
Florida Rules and Processes 38
Judicial Canons 40
Frameworks for Exam 42
Model Answers for Essays 46
EXAM:
25% – 25 multiple choice (1 hour)
75% – 4 short essay (2 hours)
MODIFICATIONS TO RULE BOOK:
May add tabs
May not add more pages to the book
May handwrite anywhere in the book, MAY NOT TYPE
May “paint” the pagesGENERAL OVERVIEW OF COURSE
A) Client-Lawyer Relationship:
1) Lawyer’s Duty to Client
(a) Competent Representation (Rule 1.1)
(i) Legal Knowledge
(ii) Skill
(iii) Thoroughness
(iv) Preparation
– Must not neglect a legal matter
– Must not take on matter attorney knows he is not competent to handle
(b) Diligence (Rule 1.3)
(i) Shall act with reasonable diligence and promptness
– No procrastination (i.e. overlooking Statutes of Limitations)
– Act as a zealous advocate
– Carry matters through to conclusion
– Terminate relationship (preferably in writing)
(c) Confidentiality (Rule 1.6)
(i) Absent informed consent of client, must not reveal information relating to representation of client the disclosure is impliedly authorized in order to carry out the representation or permitted by exceptions
(ii) Exceptions:
– To prevent reasonably certain death or substantial bodily harm
– To prevent the client from committing crime or fraud reasonably certain to result in substantial injury to the financial or property when client has used or is using lawyer’s services in furtherance
– To prevent, mitigate or rectify substantial injury to financial interest or property of another that is reasonably certain to result or has resulted from client’s commission of crime or fraud in which client has used lawyer’s services
– To establish claim or defense on behalf of lawyer as between lawyer and client
– To get legal advice about lawyer’s compliance with rules
– To comply with law or court order
(iii) Continues after lawyer-client relationship is over
(iv) Physical evidence not privileged, but communication about its whereabouts is
– Must turn over evidence in possession
(d) Safekeeping Property (Rule 1.15)
(i) Client’s property held separately
– Funds – separate trust account
§ Interest on trust account must be established
§ Lawyer may deposit own funds in trust account only for paying bank service charges on that account, and only as much as necessary
§ Lawyer must deposit into trust account all advance legal fees and expenses and withdraw only when fees earned or expenses incurred
– Records – kept for at least 5 years
(ii) Prompt notification and delivery of funds due to client
(iii) Amount as to ownership must be in dispute kept separate by lawyer until dispute resolved
(iv) Property safeguarded
(e) Sale of Law Practice (Rule 1.17)
(i) Lawyer or law firm may sell or purchase a law practice, or area, including good will, if:
– Seller cease practice of law
– Written notice to client regarding the sale, the client’s right to retain other counsel and that client’s con
s reasonably possible
(iii) May seek appointment of guardian
(d) Whether to represent client
(i) Imputed disqualification due to conflicts of interest (Rule 1.10)
– When lawyers associate, no lawyer may represent a client when any one alone would be prohibited from representation unless that prohibition was due to personal interests unless waived by client
– Law firm not prohibited from representing a person with interests materially adverse to a client of a lawyer who has terminated associated with that firm, unless:
§ Same matter
§ A current lawyer has protected information
(ii) Withdrawal (Rule 1.16)
– Mandatory: Lawyer shall not represent client or shall withdraw
§ Attorney’s disability impairs ability
§ Illegality
§ Attorney is fired
– Permissive: Lawyer may withdraw from representing client
§ No material harm to client
§ Client persists in criminal or fraudulent conduct not requiring attorney assistance
§ Client used attorney’s services to commit past crime or fraud
§ Client’s objective is repugnant
§ Client breaks promise to attorney and is given reasonable warning (i.e. fails to pay fee)
§ Financial burden on attorney
§ Client uncooperative
– Actions taken upon withdrawal
§ Give notice or get permission
a. If ordered not to withdraw, lawyer must continue despite good cause
§ Reasonably protect client’s interests:
a. Allow time to obtain new counsel
b. Refund unearned fees
Return property (does not include work product)
