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LEGAL PROFESSION - Coggle Diagram
LEGAL PROFESSION
ADMISSION TO THE BAR
8.1
LAW GOVERNING LAWYERS
Institutions
The Highest State Courts
State & Local BAR Ass.
Lawyer Disciplinary Agencies
ABA
American Law Institute
Fed & State Courts
Legislature
Legislatures
Administrative Agencies
State Ethics Code
The disciplinary System
Grounds for Discipline
8.3
Reporting Misconduct by Other Lawyers
**
5.1--5.3
Responsibilities of Partners, Managers, & Supervisory Lawyers
**
Civil Liability
Legal Malpractice
Malpractice Insurance
Disqualification for Conflicts of Interest
Criminal Liability
Client Protection Funds
CLIENT / LAWYER RELATIONSHIP
1.0
Terminology
1.1
Comptence
1.2
Scope
1.3
Diligence
1.4
Communication
1.6
Confidentiality
-- disclosure during representation of the client
1.7
Conflict: Current Clients
1.8
Conflict: Current Clients
1.9
Duty to Former Clients
1.10
Imputation of Conflicts
1.11
Conflicts for Former & Current Gov Officers & EEs
1.13
Organization as a Client
1.14
Client w/ Diminished Capacity; Juveniles
1.16
Declining / Terminating Representation
1.18
Duties to Prospective Clients
4.1
Truthfulness in Statements – Anyone
1.5
Fees
DUTY TO PROTECT CLIENT CONFIDENCES
1.6
EXCEPTIONS
1.6(a)
informed consent & implied authorization
revelation of past crim conduct
risk of future injury or death
client frauds & crimes that cause financial harm
1.6 (b)(4)
revealing confidences to obtain advice about legal ethics
1.6(b)(5)
using client's confidential info to protect lawyer's interests
1.6(b)(6)
revealing confidences to comply with a court order or other law
revealing confidences to prevent certain conflicts of interest
1.8(b)
use or disclosure of confidential info for personal gain or to benefit another client
A/C PRIVILEGE & WORK PRODUCT DOCTRINE
Source & Scope of Privilege
1.6
Source
Scope:
info relating to representation of client
Method of enforcement:
professional discipline
Elements
Communication
Privileged persons
Communication in confidence
Communication for purpose of seeing legal assistance
Asserting Privilege
criminal cases
civil & administrative adjudications
legislative & admin investigations
reporting statute compels lawyer to disclose communication
Waiver by Client
Exceptions
Sixth Am
Lawyer self-defense
permitted / required by ethics code
crime-fraud
Death of Client
A/C Privilege for Corporations
Upjohn
A/C Privilege for Gov Officials
A/C privilege is not the same as for EEs of private corporation
Work Product Doctrine
CONFLICT OF INTEREST
CURRENT CLIENTS
1.7
1.8
1.13
1.18
FORMER CLIENTS
1.7
1.9
PROSPECTIVE CLIENTS
1.18
IN PARTICULAR PRACTICE SETTINGS
suing a current cliient
cross-examining a current client
representing co-Ps or co-Ds in civil litagition
representing economic competitors in unelated matters
positional conflicts
representing family members: spouses in divorce, estate planning
1.8
representing insurance comp & insured persons
B/W LAWYERS & CLIENTS
Legal Fees
1.5
contingent fees
1.8
financial assurance to client
1.8
business transaction
FOR GOVERNMENT LAWYERS & JUDGES
1.11
1.9
ABA Model Code of Judicial Conduct
Imputed
1.10
1.11(b)
1.12(c)
DUTY TO COURTS
being a good person in an adversary system
investigation before filing a compliant
3.1
meritorious claims
FCRP 11
3.3 & 8.4(c)
truth & falsity in litigation
3.4(a)
concealment of physical evidence & docs
3.3(a)(2)
duty to disclose adverse legal authority
3.3(d)
disclosures in
EX PARTE
3.5
improper influences on judges & juries
5.6(b)
agreements not to accept future cases
3.9
lawyers' duties in nonadjudicative proceedings
4.1
Truthfulness in Statements towards others
1.6
confidentiality of information
8.4:
Misconduct (big one)
DUTY TO ADVERSARIES & 3rd PARTIES
communications w/ lawyers & 3rd persons
4.1(a)
deception of 3rd persons
4.1
duties of truthfulness in negotiation
4.4(b)
duties upon receipt of inadvertently transmitted info (metadata)
4.2
communication w/ represented persons
4.3
dealing w/ unrepresented person
4.4(a)
respect for rights of 3rd persons
duties of persecutions
3.8
3.3(a)(3)
duty to w/ respect to unreliable evidence
conduct prejudicial to admin of justice
8.4(d)
3.4
Fairness to Opposing Party