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IN SW Juris study materials
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IN SW Juris: Professional Responsibility

IN SW Juris · Work through your exam, one topic at a time.

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Professional Responsibility

Professional Responsibility tests the ABA Model Rules: competence, confidentiality, conflicts, fees, candor, advertising, withdrawal, and misconduct. Identify the client and the timing of the conflict.

Core rules

  • Competence and diligence under Rules 1.1 and 1.3; communication under Rule 1.4.
  • Confidentiality under Rule 1.6; exceptions for consent, crime-fraud, and self-defense.
  • Current-client conflicts under Rule 1.7; former-client conflicts under Rule 1.9; imputation under Rule 1.10.
  • Fees under Rule 1.5; trust accounts under Rule 1.15; no commingling; advance fees.
  • Candor under Rule 3.3; no false evidence or perjury; remedial measures.
  • Advertising under Rule 7.1; solicitation under Rules 7.2 and 7.3; referral fees.
  • Withdrawal under Rule 1.16; misconduct under Rule 8.4; reporting under Rule 8.3.

Worked example

Lawyer represented Company in a contract dispute. Company's employee now asks Lawyer to sue Company on the same contract. Under Model Rule 1.9, the matter is substantially related and materially adverse to a former client; Lawyer may not represent the employee unless Company gives informed consent confirmed in writing. Screening does not cure a former-client conflict without consent.

Traps

Confidentiality is broader than privilege. Inadvertent disclosure does not always waive privilege; take reasonable steps. A lawyer may not disclose client perjury but must remediate. Fee sharing generally requires consent and proportional responsibility.