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  • 7-2-13: Professional Responsibility

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    Andrew Aleman
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    This document contains notes from an exam review class discussing various ethics rules that may be tested. It lists 14 potential issues that could be examined, covering topics like representing organizations, metadata, confidentiality, false statements, privileged communications, conflicts of interest, and advertising restrictions. It also discusses pros and cons of allowing insurance companies to provide legal services directly.

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    Professional Responsibility

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    This document contains notes from an exam review class discussing various ethics rules that may be tested. It lists 14 potential issues that could be examined, covering topics like representing organizations, metadata, confidentiality, false statements, privileged communications, conflicts of interest, and advertising restrictions. It also discusses pros and cons of allowing insurance companies to provide legal services directly.

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    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    21 views1 page

    7-2-13: Professional Responsibility

    Uploaded by

    Andrew Aleman
    This document contains notes from an exam review class discussing various ethics rules that may be tested. It lists 14 potential issues that could be examined, covering topics like representing organizations, metadata, confidentiality, false statements, privileged communications, conflicts of interest, and advertising restrictions. It also discusses pros and cons of allowing insurance companies to provide legal services directly.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    7-2-13

    Tuesday, June 18, 2013 6:01 PM

    Remember the Brady Doctrine.

    Model Rule (g) and (h): These are not adopted in any jurisdiction. They are worried about hindsight. Everyone is worried about it. What about "for" the rule being adopted?

    Exam Review Exam Tip: You must state the rule number! First Issue: Rules for representing an "entity." (Climb the ladder) Rule 1.13: Organization as Client Additional Rule: SOX (bill) 2nd Issue: Metadata 3rd Issue: Rule 1.6(b)(2) 4th Issue: Rule 4.4 Should have notified about the meta data. There is an confidence argument that the lawyer failed to keep the client secrets. 5th Issue: Rule 4.1 False Statement to another person 6th Issue: Rule 1.2(d) 7th Issue: Privileged communications? No, because these were committed with fraud. 8th Issue: Rule 1.16 9th Issue: Rule 1.7 9th Issue: Rule 8.4 If there is a Rule 8.4 then there is a Rule 8.3 problem. 11th issue: Rule 2.1 12th Issue: Rule 1.9 (Substantially Related) 13th Issue: Rule 1.10 (Conflict Issues) plus there is another issue of iputium 14th Issue: Was there screening? Question 2: Pro and Con arguments Reputation Went-for-it Case Trauma to the victims. There is no bar to insurance companies! (Need to remember that!) Therefore, its inequitable. Its good to provide others with more information. First Amendment protects information. Remember lawyers are in the information business. Settlement Mills You can't do real time communications. (Just like mail.) You must allow snail mail.

    Class Notes Page 1

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