to Clients:
Concepts: Be a competent professional!There is fiduciary duty between a lawyer and her client.
The major duties include:
1. Duty of Care(competent): knowledge, preparation, thoroughness, skill
2. Duty of Loyalty
- Conflicts of Interest with Lawyer herself
- Conflicts of Interest with Lawyer's Former Government Employer
- Conflicts of Interest with Client's Employers ( note: corp&directors)
- Conflicts of Interest with Past Clients : informed and written consents from both parties
- Conflicts of Interest with Other Clients
- Imputed Conflicts ( CA silent): if one can't , all firm members can't, unless--->ethic wall
- Consent ( If a reasonable lawyer will not suggest consent--->unconsentable)
- lawyer reasonably believe can represent each client competently/diligently
- representation not prohibited by law
- if it's one client against the other in the same case: not allowed
- informed/written consent by each client
- not prevents by duty of confidentiality
In order to improve the trust between a lawyer and her client:
Concept: How to win your client's trust?1. Duty of Confidentiality
- A/C privilege:
- @ court
- belongs to client
- neverend(CA: end when estate distributed and excutor discharged)
- CEC: discretionary--->avoid death or seriously bodily harm
- RPC: info related to representation
- Cal RPC: no rules. oath
2. Duty of Communication: keep client informed
3. Duty of Fair Hourly Rate/Contingent Fee
- RPC: fee must be reasonable
- Cal RPC: must not be unconscionable
- written requirement
- Contingent fee: %, from judgement award
RPC Cal RPC
4. Duty to Have a non-fraud Advertisement
CA: GQ Is Dame Cool.
no guarantee/warranty no "quick cash" no impersonation without disclosure no dramatization without disclosure no no contingent fee offer without disclosure of the possibility litigation fee if the client loses the caseCA: presumed to be false/misleading (rebuttable)
client in hospital client suffering mental/physical stress mailings without labeling"advertising materials" testimonial&endorsement without informing clients it's not a promise
5. Duty to not solicit ate clients improperly
seeking fee-paying work ( freebie is ok) by personal contact/telephone contact/ real-time electronic contact is not allowed, unless from personal/family/prior professional connects or from other lawyers .
Exception: Targeted Direct-Mail Solicitation ( person known to face face a specific legal problem) ---> Label as "advertising material" NO HARASSMENT
6. Avoid Intimacy with Clients
7. Avoid Other people pay for your clients (Exception: written consent, no interference of independent judgement & confidentiality ) 2004 Feb Q3
7. Avoid Other people pay for your clients (Exception: written consent, no interference of independent judgement & confidentiality ) 2004 Feb Q3
8.Financial Assistance to client:
- PRC: not allowed(exception: advance court costs/litigation expenses; indigent)
- CA: no "buying" , but with written IOU, lawyers can lend money to clients for any purpose
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