RereVisit of PR-client

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.

1. no guarantee/warranty
2. no "quick cash"
3. no impersonation without disclosure
4. no dramatization without disclosure
5. no no contingent fee offer without disclosure of the possibility litigation fee if the client loses the case

CA: presumed to be false/misleading (rebuttable)

1. client in hospital
   
2. client suffering mental/physical stress
3. mailings without labeling"advertising materials"
   
4. 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

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