Professional Responsibility Attack Sheet
B. Yes, if Dee competently could represent
Week 1 – Scope of PR
Rule 1.0. Terminology
 “Firm” or “law firm” –Even if you
are working in a legal clinic, then
you are working in a “law firm” so
you’re engaging in the practice of
law
Rule 2.1. Role as an Advisor
Respect for Rights of Third Persons
- Options as a lawyer: active-client
representation; active moral; passive
approach – 1st video
Week 2 – Relevance
Rule 4.4. Role of the Lawyer
Rule 5.5. Multi-Jurisdictional Practice
 Some states allow for a pro-bono
exception
 Federal court exception –separate court,
separate rules (9th cir. Luigi ex.)
o If your license is a limited
license, then can’t practice
anywhere else but the 9th cir.
court
o Federal district court is diff.
from the circuit court
 Client/cases/interests – all follow under
the scope of the “practice of law”
 5(d) Pro hac vice admission: need to
apply each time you’re on a new case
Review qs.
1) Attorney Dee practiced in Washington State, but
not Idaho. Client Mac lived in Washington, and ran a
business in Idaho. Mac asked Dee to defend him in a
lawsuit pending in the trial court of Idaho. The
lawsuit involved the proper interpretation of an Idaho
business-permitting regulation. Could Dee properly
represent Mac in this lawsuit?
A. Yes, if Idaho admitted Dee pro hac vice, for
the sole purpose of litigating this case in an
Idaho court.
1
Mac, because Idaho cannot constitutionally
discriminate against non-citizens of Idaho
under the Privileges and Immunities
Clause.
C. No, unless Dee takes the Idaho bar exam
and is admitted to practice in Idaho.
D. No, because the lawsuit involves an Idaho
law and Dee does not regularly practice in
Idaho, so she cannot be competent.
2) Lawyer Al was admitted to practice in State A, but
not in State B. Al's cousin Vinny asked Al to write a
recommendation letter for Vinny's admission to
practice in State B. Al knew that Vinny was
educationally qualified to be a lawyer, but Al
believed Vinny to be quite dishonest. Al, however,
did not want to say no to a request from a family
member. May Al write a letter for Vinny asserting
that Vinny is fit to practice law?
A. Yes, so long as Al does not affirmatively
state that he believes Vinny is honest,
because a lawyer cannot violate Model Rule
8.1 by omission.
B. No, because Al's letter would assert a false
statement of material fact by omission in
connection with Vinny's bar admission
application.
C. Yes, because Al was not applying to be
admitted to the Bar of State B himself.
D. No, Al could not submit the letter because
Al was not a member of State B's bar.
3) Same facts as Question 2. But assume that Al did
submit a false letter of recommendation on Vinny's
behalf. Where could Al be disciplined for violating
Model Rule 8.1(a)?
A. In State A only, because Al was not
admitted in State B.
B. In neither State A nor State B, because Al's
misconduct occurred only in a State where
Al was not admitted.
C. In State A, and also in State B if Al provided
or offered to provide any legal services in
State B.
D. In State B only, and only if Al provided or
offered to provide any legal services in State
B.
4) Lawyer Honest worked in a law firm along with
Lawyer Naughty. Honest worked with a client who
previously had worked with Naughty. In discussing
the representation with Honest, the client told Honest,
"Last year, Naughty engaged in a serious criminal
fraud while representing me. But don't tell anyone--it
 Professional Responsibility Attack Sheet
really helped me on that matter." Honest insisted that tribunal) or where the predominant
the client reports the incident to the State Bar, but the effect of the lawyer’s conduct took place
client refused, and instructed Honest to keep the
information confidential. Naughty was one of the Week 3- Lawyer Advertising
most productive and highly regarded lawyers in
Honest's law firm. Which option identifies the proper
1) Lawyer was an attorney in a small town. To
course of action by Honest?
attract business, Lawyer wanted to post a
A. Honest may write only an anonymous letter
billboard advertisement at the entrance to
to the State Bar reporting Naughty's
town with a photo of a former client holding
misconduct.
an oversized check, with this quotation:
B. Honest may decline to report Naughty's
"Lawyer won me BIG money for my
misconduct if Honest likely would be fired
injuries. Call Lawyer now if you have been
for his perceived disloyalty to the law firm.
injured. 1-800-SUE-HURT." Lawyer did
C. Honest must report Naughty's misconduct to
obtain a large award for this former client.
the Bar notwithstanding the client's
Which of the following statements most
confidentiality request.
accurately describes Lawyer's professional
D. Honest must keep this information about
responsibility under the Model Rules?
Naughty's misconduct confidential if
A. Lawyer may not use this billboard
this information related to the representation
to advertise her legal services
of the client.
because it contains a former client
testimonial.
5) Lawyer attended a mandatory continuing legal
B. Lawyer may use this billboard if it
education (CLE) program sponsored by his state bar
makes clear that the results she can
association. When checking into the CLE program,
obtain for other clients may differ
Lawyer, who identified as female, said to Bar
because of individual factual or
Employee, who also identified as female, "With such
legal circumstances
an early morning start, I'm glad the Bar staffed the
C. Lawyer may use the billboard
registration desk with such a beautiful woman to
because the statements on it are
wake us up. But now I'll be daydreaming about you
true.
instead of paying attention." Is Lawyer subject to
D. Lawyer may use the billboard
discipline?
because lawyers have a
A. Yes, because Lawyer harassed Bar
constitutional right to advertise.
Employee on the basis of sex while
2) Lawyer specialized in consumer
engaging in conduct that was related to the
bankruptcies. Lawyer purchased a list of
practice of law.
email addresses of people who have
B. No, because Lawyer was not practicing law
contacted a web site about debt counseling.
when she made her comment to Bar
Lawyer wished to contact these people by
Employee.
email to inquire whether they may be
C. No, Lawyer's conduct did not show bias
interested in her legal services. Which of the
against Bar Employee because of sex or
following statements most accurately
gender because both Lawyer and Bar
describes Lawyer's options under the Model
Employee identified as female.
Rules?
D. No, if Lawyer sincerely did not intend for
A. Lawyer may not use these email
her comment to harass or offend Bar
address to contact these prospective
Employee.
clients because this email contact
would constitute a prohibited direct
Rule 8.5. Disciplinary Action solicitation.
 Where can you receive disciplinary B. Lawyer may contact these
action? Can be where you are barred individuals by email if her email
and where you caused issues/ engaged includes only truthful and non-
in the “practice of law” (even if not misleading statements, and does
licensed in that jx) not involve any coercion, duress, or
 If there is a q of law, then the court will harassment.
C. Lawyer may contact these
look at the tribunal (if took place in a
individuals by email, but only if her

2
 Professional Responsibility Attack Sheet
email includes the disclaimer
"advertising material" at the
beginning and end of each email.
D. Lawyer may contact these
individuals by email only if each
contacted person is a lawyer or has
a family, close personal, or prior
professional relationship with
Lawyer.
3) Lawyer practices in a city with a large
Spanish-speaking community. The Bar in
Lawyer's State did not certify specialists in
any field of law, nor did the Bar authorize
any private organizations to certify legal
specialists. Lawyer, however, was certified
as an immigration law specialist by the
Association of Immigration Lawyers.
Lawyer established a web site to advertise
her law practice. Which of the following
information may Lawyer properly include
on her web site under the Model Rules?
Assume that each option was asserted
truthfully by Lawyer. Select all options that
apply:
A. That Lawyer fluently speaks
Spanish.
B. That Lawyer serves clients who
are members of the "4-Star Pre-
Paid Legal Service Plan."
C. That Lawyer is certified as a
specialist in immigration law by the
Association of Immigration
Lawyers. This association is private
and not recognized by the state bar
or supreme court of this
jurisdiction.
D. That Lawyer provides holistic and
compassionate immigration
representation.
4. Lawyer often had cases at the local criminal
courthouse. While waiting, sometimes for
hours, for these cases to be heard, Lawyer
would use the time productively by looking
for new business from defendants or their
family who were in court. Lawyer knew
that many defendants and family would
prefer a retained lawyer to a public
defender. Is Lawyer subject to discipline?
A) Yes, because Lawyer engaged in
prohibited in-person solicitation
by seeking clients in the
courthouse with a pecuniary
motive.
B) No, if Lawyer did not solicit
prospective clients personally and
3
spoke only with their family
members.
C) No, if Lawyer ensured that his
solicitation never involved
deception, coercion, or harassment
of any kind.
D) No, if Lawyer only responded to
inquiries from prospective clients
who approached Lawyer for a
business card after seeing him
represent his existing client in
court.
E) Yes, because a lawyer may not
benefit from the erroneous beliefs
of the public, such as the belief
that private lawyers always
provide better representation than
public defenders.
5. Lawyer had known Attorney for many years,
and they were friends. Lawyer often referred
clients to Attorney if Lawyer did not have the
time or expertise to handle those matters.
Attorney was very grateful for these referrals,
which generated important business for
Attorney. At the end of the last calendar year,
Attorney gave Lawyer a gift basket with a
card that read, "Thank you for trusting me
with your client referrals!" Lawyer accepted
the gift with a "thank you." Is Lawyer subject
to discipline?
A) No, because on these facts, only
Attorney would be subject to
discipline for giving a referral gift,
nor Lawyer for receiving it.
B) No, because the end of the
calendar year is also a holiday
season, and Lawyer should not
have been rude.
C) Yes, because Lawyer accepted a
thing of value in return for client
referrals.
D) No, if the gift was nominal,
merely a token expression of
gratitude for the previous client
referrals.
Lawyer Advertising
 1st amendment protects lawyer advertising
o Bates v. State Bar of Arizona
 Holding: lawyer advertising
is protected by the 1st
amendment
o Beware of mere puffery
 Professional Responsibility Attack Sheet
o Referrals –prohibited if u make
the referral with hope of future
reciprocity
 outside of limited
expectations, a lawyer may
not give anything of value
(no nominal gifts) to any
person for recommending the
lawyer’s services
 certain conditions for
referrals:
 (a)can’t close the
market place off to
other lawyers
(b)client needs to
know
 nominal gifts
exception
 categorical rule (easy
to discipline)
 Commercial Adverting v. Advocacy
Advertising (re Primus)
o Commercial marketing
o Cause advocacy: 1st amendment
protection Re Primus:
 ACLU trying to find
standing by going out to find
plaintiffs to solicit – found to
be direct solicitation
 Holding: the 1st amendment
limits the ability of the state
to sanction lawyers for
political activities associated
with garnering clients if
these lawyers are with non-
profits
 7.1. Communications Concerning a
Lawyer’s Services (** all encompassing)
o A lawyer shall not make a false or
misleading communication about the
lawyer or the lawyer's services.
 A communication is false or
misleading if it contains a
material misrepresentation of
fact or law, or omits a fact
necessary to make the statement
considered as a whole not
materially misleading.”
o Applies to all communications
between lawyers and all other
persons
4
o Can’t be untruthful or
intentionally misleading
o Disclaimers are very important**
 7.2. Communications Concerning a
Lawyer’s Services: Specific Rules
o Affirmative grant of authority to
lawyers to advertise their services
to the public
o Can advertise in all mediums if
the advertising is not untruthful or
misleading
o Solicitations in person (or via real
time electronics) – prohibited
 7.3. Solicitation of Clients
o Subject to both 7.2 and 7.3, a
lawyer may advertise services
through written, recorded or
electronic communication,
including public media
o Can’t solicit in-person or have
someone do it for u
 Exceptions:
Business/professional
relationship, other lawyer,
family member
 8.4(g). Misconduct
o People should not be able to
advertise discriminatory policies
Week 4- Lawyer-Client Relationship
A spectrum of relationships with client
 Moving from “professional
stranger” (RPC 7.1-7.3 & 8.4) 
 “ prospective client” (RPC 1.18)

o 1.18(a) imposes a duty of
confidentiality
o 1.18(b) conflict-free
consultation
 Full Duty of Care (what is owed
to actual clients)
o How do u know when you
have formed a bonified
relationship with a client?
o Test: objective, reasonable
person (client) test to
determine if you have
accepted representation,
 Professional Responsibility Attack Sheet
and the scope of that
representation
 Based on words,
conduct (totality of
circumstances)
RPC 1.16 – sets terms for divorce from client
 Clients who retain their own lawyer, can
discharge that lawyer at any time for any
cause unless the discharge with prejudice
other proceedings EXCEPT in cases
where state is paying the bill
o Exception: need to show “good
cause”
 1.16(c). Notice of Appearance
o Need judicial permission and
need to tell the lawyer
RPC 1.9 – tells use the duty owed to a former
client
 Duty of confidentiality lasts forever
RPC 6.2. Accepting Appointments
Public Service: A lawyer shall not seek to avoid
appointment by a tribunal to represent a person
except for good cause, such as:
a) representing the client is likely to result in
violation of the Rules of Professional
Conduct or other law;
b) representing the client is likely to result in
an unreasonable financial burden on the
lawyer; or
c) the client or the cause is so repugnant to
the lawyer as to be likely to impair the
client-lawyer relationship or the lawyer's
ability to represent the client.
8.4(g) that has to do with racial prejudice/bias
could be in conflict with 6.2, but in general, a
lawyer always has the discretion to decline a
prospective client
Judge-Lawyer relation: if a judge appointed you
to represent someone in case, you are never
really supposed to say no unless there is a pretty
substantial conflict of interest, or due to
financial recourses
RPC 1.2 – Limited Scope Representation
 Unless you are clear about scope of
representation, you have an obligation to
5
the client (i.e., can’t agree to just
represent them on Mon. or Tues.)
Week 5- Fees/Property of Client
1) Lawyer represented Client in a business
dispute. Client gave Lawyer $6,000 to
cover lawyer's hourly fee over the course
of her representation, and Lawyer placed
the funds in her client trust account. At the
conclusion of the representation, Lawyer
believed she earned $4,000, but Client
disputed the bill, claiming that he should
owe Lawyer only $2,500. Which answer
describes the most proper course of action
by Lawyer?
a. Lawyer may withdraw the
undisputed $2,500 from the
client trust account, but must
keep the disputed $1,500 in a
separate account until the dispute
is resolved, and must return the
$2,000 Lawyer acknowledges
she did not earn from the original
retainer.
b. Lawyer may not remove any of
the funds from the client trust
account until the fee dispute is
resolved.
c. Lawyer may withdraw the
$2,500 amount immediately, but
only if she waives her claim to
the disputed $1,500.
d. Lawyer may withdraw the
$4,000 she believes she is owed
so long as the overall balance in
her office account remains high
enough to cover the disputed
$1,500 in the even Client prevails
in the dispute.
2) Lawyer handled divorce and alimony
matters. Client retained Lawyer to collect
$25,000 in unpaid alimony from Spouse.
Client signed a written contingent fee
agreement to pay Lawyer one-third of any
unpaid alimony that Lawyer successfully
collected. Lawyer contacted Spouse's
lawyer, and settled the unpaid alimony
 Professional Responsibility Attack Sheet
claim for $21,000. Is Lawyer subject to
discipline?
a. Yes, because Lawyer cannot
reasonably charge a $7,000 fee
for collecting unpaid alimony.
b. No, if the continent fee was
reasonable at the time Client
agreed to it in light of the risk of
no recovery or under-value
recovery.
c. Yes, because Lawyer charged a
contingent fee in a domestic
relations matter.
d. No, because contingent fees are
not subject to the reasonable fee
requirement.
3) Lawyer regularly represented Holiday
Hotels, a Washington corporation with a
corporate office in Seattle. Holiday was
sued for trademark infringement. Holiday
asked Lawyer to oversee this case and to
select appropriate trial counsel to handle
the work in court. With Holiday's
approval, Lawyer selected Sally to handle
the work in court. Lawyer oversaw all of
the litigation and conducted discovery in
Washington. Sally served as trial counsel
in court. Lawyer and Sally consulted and
collaborated often. At the end of the case,
Lawyer and Sally submitted separate bills
to Holiday for their respective legal
services. Which of the following
responses is most accurate?
a. Lawyer and Sally are subject to
discipline for failing to submit
one invoice to Holiday, because
the two lawyers worked together
on the case.
b. Lawyer and Sally properly split a
fee from Holiday, but only if
Lawyer and Sally agreed at the
outset of how to divide this fee.
c. Lawyer improperly participated
in representing Holiday in this
matter, because lawyers from
separate firms may not represent
a client in a single matter.
d. Lawyer and Sally properly billed
Holiday separately with
Holiday’s consent if the total bill
was reasonable and each lawyer's
fee was proportionate to the
services performed by each
lawyer.
4) Same facts as Question 3. But, Sally
handled all aspects of the case, and
6
Lawyer's role was simply to find and
retain Sally on behalf of Holiday. At the
conclusion of the case, Sally and Lawyer
divided the fee from Holiday 50/50. Is
Lawyer subject to discipline?
a. Yes, because Lawyer claimed a
share of a divided fee that was
not proportionate to the legal
serves that lawyer actually
performed.
b. Yes, because Lawyer was not
allowed to charge Holiday a fee
tied to Sally’s work when
Lawyer referred Sally’s to
Holiday.
c. No, if Lawyer retained
professional responsibility for all
aspects of the case and Holiday
consented to this arrangement.
d. No, if Lawyer's 50% share of the
fee would be reasonable as a
referral fee for Lawyer referring
Salem to Holiday.
5) Client A entrusted Lawyer with $10,000 to
be used several weeks later in a business
transaction. Lawyer deposited the full
amount into Lawyer's client trust account.
Later that day, the local bar association
called Lawyer and asked her to represent
an indigent criminal defendant, Client B.
By the time Lawyer arrived, the judge
already had found Client B guilty of the
charged offense and sentenced him to pay
a $500 fine or spend 30 days in jail.
Lawyer knew that under a local court rule,
she could spare Client B for jail only by
paying the fine immediately and
requesting a de novo trial in Superior
Court. Lawyer paid the the fine to the
court clerk with a check that drew on her
client trust account, because Lawyer's
office account was temporarily depleted.
Client B promised to repay Lawyer the
money in one week, before Lawyer would
need it to cover Client A's business
transaction. Is Lawyer subject to
discipline?
a. No, because Lawyer would have
been subject to discipline if she
allowed Client B to go to jail
when she had the means to
prevent his incarceration.
b. Yes, because Lawyer used client
funds to cover her own expense
in paying Client B's fine, which
 Professional Responsibility Attack Sheet
improperly misappropriated
client property.
c. No, if Client B repaid the money
before Lawyer needed it for
Client A's business transaction.
d. No, if Lawyer knew that she
could repay the fine to her client
trust account herself if necessary
before she needed the money for
Client A's business transaction.
Fees v. Trust Accounts
 Fees: RPC 1.5
(a) Reasonable fees
 Can’t simply be what the market
will pay
 Totality of the circumstances (8
elements)
 Overhead cost v. fee
o Overhead cost – cost of
running a law practice;
funded by operating budget)
 i.e., Reasonable
expense
o a client-fee (what you earn
from the client)
 substantive reasonableness
 BIG non-nos: no prohibition on
billing for travel time; no double
billing
(b) Transparency requirement
 Procedural reasonableness (for all
fees except for contingent fees
found in 1.5©)
 Also accommodates fee-
agreements not in writing
(c) Contingent fee
 Must always: be in writing &
signed by client, specific % and
outcomes; notice of liability
for expenses
 procedural reasonableness
(for contingent fees)
 Nature of fee:
a. Time – paying by the hour
(most subject to bar
oversight)
b. Project – flat fee (more
determinate than billable
hours)
c. Outcome – contingent fee
i. Usually found in
litigation
ii. High risk
7
Must include: how the fee
d.
was determined, how the
fee was earned
 Ex. 1M win; 30% contingency;
100k in expenses  if you
deduct expenses after the
judgment, then u are being
more cautionary for your client
(d) When a contingent fee is prohibited
(substantive ban on contingent fees
involving domestic relations i.e.,
divorce, child support)
a. Doesn’t include custody (b/c
not about the money)
(e) If sharing fees, need to be with two
separate firms // if there is a dispute
over funds, those funds must be kept
separate
- (b) and (c) should help you figure out a
good fee agreement which you will
include in your retainer
 Trust Accounts: RPC 1.15
o “trust account” – account with bank;
could be a safe
o Categorical rule: don’t commingle
funds
 Exception: If u have to pay a
fee to maintain the client
trust account (overhead fee –
can transfer private funds)
Q. Dispute over funds earned? (See 1.15)
 Any disputed amount – take it out of the
common account, put it in an escrow
account until the amount is resolved
 Rules encourage alternative dispute
resolution
 Take amount earned (and agreed upon) form
the client’s trust account and put it in your
operating account
Week 6- Responsibility of Partners,
Managers & Supervisory Lawyers
Law office management rules: rules for other lawyers
who have some sort of managerial role
 5.1. Management of Lawyers: supervising
other lawyers in some capacity (others must
 Professional Responsibility Attack Sheet
reasonably comport with own professional
responsibility)
a. General Supervision
b. Direct Supervision
c. Vicarious Liability
o If you could do something to
ratify the issue, and fail to doand presented her conclusions to Lawyer B. Lawyer A and
so, then you could be subject
to discipline
 5.3. Management of Staff: Applies to
nonlawyers employed or retained by or
associated with a lawyer
o 5.1 dealing with people who practice
law v. 5.3 dealing with non-lawyers
5.2. Subordinate lawyers: rules for lawyers who
have a manager/superior
 You’re always responsible for your own
unethical behavior, but when there is a gray
area, meaning ‘reasonable minds could
disagree,’ then you could be subject to
discipline for the boss’s direction
 If in ‘good faith,’ you believe the course of
conduct may violate RPC, you have a
responsibility to report
Quiz qs
1. A state legislative committee subpoenaed certain files from a
regulatory agency in connection with the committee's
investigation of potentially illegal expenditure of state funds.
Lawyer A, the agency's chief counsel, instructed Lawyer B, the
agency's deputy chief counsel, to gather the files and prepare
them for production. Lawyer B delegated the project to Lawyer
C, a recently hired lawyer in the agency. Lawyer B said to
Lawyer C, "A lot of these files may be shredded according to
our internal document retention and destruction policy."
Lawyer C found that the files still existed, even though the
agency policy would have required many of them to be
destroyed three months earlier. Lawyer C shredded the files
himself and reported this fact to Lawyer B. Lawyer B
responded, "Good. I wonder whether the computer backup files
for those documents still exist?" Lawyer C interpreted this
statement as a direction to delete the computer backup files,
which Lawyer C did. Lawyer B reported everything to Lawyer
A. Lawyer A informed the legislative committee that all the
documents and records had been destroyed according to the
agency's pre-existing document desertion policy. Which lawyer
is subject to discipline?
A. Only Lawyer C is subject to discipline.
B. Only Lawyer A and Lawyer B are subject to
discipline.
C. Neither Lawyer A, Lawyer B, nor Lawyer C is subject
to discipline.
D. All three lawyers are subject to discipline.
8
Lawyer A was an associate in Lawyer B’s Law Firm. Lawyer A
assisted Lawyer B in the discovery phase of a litigation matter
in which the court ordered Law Firm to produce certain
documents. Lawyer B asked Lawyer A to study the court order,
review boxes of discovery delivered by the client, and decide
which documents must be produced. Lawyer A did the work
Lawyer B disagreed about one document. Lawyer B
maintained that the court order did not require disclosure of this
document. Lawyer A, however, believed that the document fell
within the scope of the court's discovery order. Both lawyers
agreed that the question was close and subject to a judgment
call about how to interpret the court's order. Which of the
following statements most accurately reflects the lawyers'
professional responsibility?
A. If Lawyer A accedes to Lawyer B's
perspective, Lawyer A will be subject to
discipline for failing to follow her judgment
that the document is discoverable.
B. Lawyer A must follow Lawyer B's directions,
because a subordinate lawyer is expected to
follow the directions of a supervisory lawyer.
C. Because the questions is debatable, Lawyer A
will not be subject to discipline for following
Lawyer's B directions.
D. Lawyer A may follow Lawyer B's directions,
but if Lawyer B was wrong and is subject to
discipline, Lawyer A also will be subject to
discipline.
3. Lawyer practiced law for 35 years in a small town.
Lawyer wanted to retire and decided to sell her
practice. Lawyer advertised the sale of her practice
in the state bar journal, and an enthusiastic young
lawyer, Lisa, offered to buy. The sale contract
provided that Lisa would pay Lawyer $100,000 for
the building housing the practice; $4,000 for office
furniture, law books, and office supplies; $8,000 for
computers and other electronic equipment; and
$10,000 for the business good will value of the law
practice. The contract further provided that Lisa
would pay Lawyer $500 a month in retirement
benefits for Lawyer's lifetime or until Lawyer
returned to the practice of law in that town. Was the
sales contract proper?
A. Yes, including the $500 monthly retirement
benefit. [1.17]
B. Yes, but only if the $500 monthly
retirement benefit was reasonable in light
of the practice's good will.
C. No, because a lawyer cannot sell the
business good will of a law practice.
D. No, because Lawyer and Lisa were not
previously associated in this law practice as
partners or otherwise.
 Professional Responsibility Attack Sheet
E. No, because the $1,000 mostly retirement 5.6. Restrictions on a Lawyer’s Right to Practice
benefit is categorically improper.

4. Lawyer ran a solo practice in which she practiced Week 7- Duties to the Client
criminal and family law. Lawyer knew she needed to
create a web and social media presence to generate
business, so she hired a web design and "social Duties to clients
media impact" specialist. This specialist took  1.1: Competence –competent legal
information from Lawyer about her background, her representation requires:
experience, her practice areas, and her o legal knowledge, skills,
accomplishments and created Facebook, LinkedIn, thoroughness, and preparation
AVVO, and other social media profiles for Lawyer reasonably necessary for the
to boost her market visibility. In the process, the representation
specialist disclosed confidential information about o need to self-regulate competence
some of Lawyer's clients. Is Lawyer subject to o maintain competence also means a
discipline? lawyer should keep abreast of
A. Yes, but only if Lawyer ordered or ratified the changes in law
improper disclosure.  which might mean
B. No, if Lawyer did not know that the specialist continuing legal education
disclosed this information. in some jxs
C. No, if Lawyer outsourced this work to specialist  1.3. Diligence
and specialist was not employed as part of o “Reasonable diligence”
Lawyer's firm. o Zealous advocacy – not
D. Yes, if Lawyer failed to supervise the specialist procrastinating, returning calls
to ensure that the specialist acted in a manner  1.2. Competent + Diligent
compatible with Lawyer's professional o 1.2(a) Objectives and Means –
responsibilities. defines the type of representation
E. No, unless the clients' legal interests were that will be received
harmed by the disclosure. o The client alone decides objectives
of the representation
5. Lawyer used a Doogle cloud computing account for all of o Lawyer has the means for
her legal work for clients, including Dmail, Doogle Docs,
achieving the client’s objectives
and Calendar. Unexpectedly, a third party hacked
 competently achieving
Lawyer’s Doogle account and accessed her clients’ data.
those objectives with
Doogle subsequently advised lawyer that a security hole
competency with the
in Doogle’s network permitted this unintended account
client
access. Is Lawyer subject to discipline?
o Matters lawyer can’t determine for
A. Yes, because Lawyer was not permitted to use
the client:
“cloud computing” to manage her legal services,
 Whether to settle (belongs
because only paper and physical document
to client)
management is sufficiently secure for legal work.
B. No, if Lawyer diligently reviewed Doogle’s  Can offer advice
privacy policy and security protocols to ensure and opinions but
they were reasonably appropriate for the can’t inform
intended uses, and Lawyer herself took  Whether to plead guilty or
reasonable precautions to prevent unauthorized go to trial in a criminal
access to her Doogle account. case
C. No, because Lawyer cannot be disciplined for  Whether or not to testify
the failing of a third-party technology vendor.  Whether to appeal
D. Yes, because once a lawyer outsources client o 1.2(b) Endorsement of Objectives
data to a third-party vendor, the lawyer is subject  Don’t need to answer to
to discipline for any failure by that vendor to the kinds of ppl/matters
protect client confidentiality. the lawyer takes
o 1.2(c) Scope of Objectives
1.17. Sales of Law Practice o 1.2(d) Limits to Objectives

9
 Professional Responsibility Attack Sheet
 can’t counsel/assist a
client in committing a
crime or fraud, but you are
allowed to talk about the
objective in order to
abandon that course of
action
 exception: civil rights
cases where your client is
challenging the validity or
scope of the
constitutionality of the
law, but must be in good
faith
 1.14. Client with Diminished Capacity
o Anybody whose capacity related to
communication are hindered aka
making decisions and
representation
 Could relate to: age, or
condition related to being
older, addiction issues,
physical disabilities,
diminish capability
o 1.14(b) Exception if client can’t
make decisions: if client making
decisions that will put them in
harms way, you can appoint a
guardian ad litem or conservator to
make decisions for them
o 1.14(c) Still need to maintain
confidentiality esp for criminal
cases where client has a potential
competency issue
 which means client
doesn’t have cognitive
capacity to assist in the
client’s own
representation during the
trial
Can’t bring frivolous claim according to Rule 3.1:
Meritorious Claims and Contentions
 Never frivolous for a lawyer defending a
client in a criminal case, to challenge
whether the state has met each element aka
their burden of proof, beyond a reasonable
doubt
o Protects lawyer
o Can’t use evidence that the lawyer
KNOWS it false
Week 8//9 –
Confidentiality
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Confidentiality: core duty and responsibility owed to
and on behalf of the client
 Fiduciary to the client in advocating to the
objectives of representation
 “confidential information:” all info relating
to the representation of a client
 Common misconception that is wrong: if it
is public info than it is not privileged info.
 Info treated as property to the client: client
owns that information
 Rule 1.6 informed by other “other law”
including attorney-client privilege
o 1.6(c) protective measures taken to
protect client info – reasonable
efforts need to be made
 Extends to non-confidential info that
reasonably can lead to confidential info.
o Any context, including social
media and education programs
 Duty of confidentiality owed to past clients,
and is owed to deceased clients (which
means u might need to go thru their estate)
 Exception: 1st Amendment issues
 AC Privilege v. Confidentiality:
Confidentiality– an ethical duty against
lawyer disclosure v. AC Privilege–an
evidentiary privilege against compelled
discovery
o Key different between
confidentiality and attorney client
privilege: a-c privilege solely
between attorney and client or a
third-party agent of the client vs.
confidentiality includes any source,
not just client
 Privilege is more narrow
 Examples: [prolly a violation of 1.6]
o “Good news. I landed Acme as a
client. The Cayote v. Acme trial
will really help me make partner.”
o “When were in trial again Cayote
testified today that he broke both
legs using the rocket pack. You
should have seen it. The courtroom
was packed with ppl watching us”
o “I took a deposition where I really
nailed the coffin shut on the P’s
case.”
 What is the actual duty?
1. Shall not disclose UNLESS (a) you
have informed consent (need to
give both sides) from the client or
you have (b) impliedly authorized
by representation [Rule 1.0(e)]
 Professional Responsibility Attack Sheet
 The clearer you and client
are about objectives of
representation, the more
license you can take to
disclose confidential info
as a means of getting the
client to that place need to
get
Week 10– Conflicts of
Interest
Main q. to ask: Who is the client and what is the
scope of the conflict of interest?
Key Points:
 NOT a categorical ban
o Need to measure if the conflict is
substantial and material  what is the
likelihood that the risks will
substantiate?
1.7. Conflict of Interest – A lawyer shall not
represent a client with a concurrent conflict
 A rule of disqualification (similar to 1.18
and prospective clients)
 “Current client of interest” – (1) direct
adversity btwn one client and another client
(2) significant risk that representation will
be materially limited by any of four factors
1. Responsibility to current client
2. Responsibility to former client
3. Responsibility to a third person
party
4. Responsibility to yourself
 Waiver: permitted if 4 conditions satisfied
(see Rule 1.7(b))
o Need a waiver from everyone affected
in the equation (current/former clients)
o Four-part process:
1. Need to assess whether u can
provide competent and diligent
representation notwithstanding the
conflict
2. Thorough convo with client to
obtain informed consent (client
needs to know nature of the
conflict and how it will operate on
the representation)
3. Might need to check independent
law (certain waivers not permitted
based on j(x))
4. Waiver of future conflict?
Unrealized conflict that could
become a substantial risk
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 future conflict waivers
 Once u identify you have a conflict of interest,
check Rule 1.8 – check all conflicts
1.9. Duties to Former Clients
 1.9(a): Conflict when a lawyer represents a
current client in the same or a substantially
related matter to a former client
 “No switching sides rules”
o Personally represented the party (Are
the matters the same or substantially
related to the former matter? Need to
get consent from former client)
o 1.9(b): Conflict through prior firm
association (risk of representing an
adverse future client is different) Q.
to ask: Did u have access to
confidential information? If not, then
rule may not apply
 Relationship to 1.6(b)(7)  can share very
limited info when u are going to a new firm (no
attorney-client privilege and also no info can be
prejudicial)
1.10. Imputed Conflicts
 1.10(a): For most conflicts, one lawyer’s conflict
disqualifies the entire firm.
o 1.10(a)(2): Screening permitted when
disqualified lawyer’s conflict arises under
Rule. 1.9 thorough disqualified lawyer’s
prior firm association and lateral to new
firm (so long as u were not on the case
personally)
See 1.11 & 1.12 for conflicts involving gov. and
judicial officials
6.5. Limited scope representation to ppl in need
(very limited and defined in nature) – softens the
conflict of interest rule, so more lawyers participate
in this type of work
 Not disqualified unless u KNOW about it
 i.e., Street Law at Gonzaga