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PROFESSIONAL RESPONSIBILITY QUIZThe following rules are the most frequently tested in Professional Responsibility. Go through and fill in the blanks with the rule buzzwords that are missing. Challenge yourself to get them all before looking at the answer key. By the time you start doing your essays closed book, you should have all of these rules memorized in full sentences that you can write without thinking about it or reviewing beforehand. Note: There are many other rules in Professional Responsibility that are important (and commonly tested) and you must also memorize these, but it is important to work in priority order. You can use the Smart Bar Prep frequency analysis to help you determine which rules are tested the most often so you can prioritize what to memorize first. Also, make sure you are studying up-to-date rules, given that California changed their Professional Responsibility rules in 2018. We created a chart to help you with this here: of Loyalty A lawyer owes to his client the fiduciary duty of loyalty. This means that a lawyer must act in the client’s _____________________ and cannot engage in _____________________. Duty of Competence A lawyer owes to his client the duty of competence, which requires that the lawyer possess the ____________________________________________________________ necessary to effectively represent the client. In California, a lawyer is subject to discipline if he or she _________________________ fails to perform legal services with competence. “Competence” means to apply the _______________________________________________________________ reasonably necessary for the performance of such services.A lawyer cannot take a case in an area of law unfamiliar to that lawyer unless he or she (1) _______________________________________________________________, or (2) _______________________________________________________________. In an emergency, a lawyer may __________________________________________ where referral/consultation/association with another lawyer would be impractical. A lawyer who breaches the duty of competence is subject to _______________________________________________________________. Duty of Confidentiality A lawyer has a duty to maintain the confidentiality of __________________________________________. Under the ABA rules, a lawyer may disclose confidential information if: (a) __________________________________________; (b) __________________________________________; (c) __________________________________________; (d) __________________________________________; (e) __________________________________________; or(f) _______________________________________________________________. Under the California rules, a lawyer may, but is not required to, disclose confidential information only __________________________________________, and (a) _______________________________________________________________, and (b) _______________________________________________________________. Under the California rules, if the client is an organization, and the lawyer becomes aware of a matter that violates a law or legal obligation or that will result in substantial injury to the organization, the lawyer may _____________________________________ but may not __________________________________________ unless _______________________________________________________________. Duty of CommunicationA lawyer must keep the client _____________________ informed about any _____________________ relating to the representation. A lawyer must: (1) __________________________________________; (2) __________________________________________; (3) __________________________________________; (4) __________________________________________; and (5) __________________________________________. A lawyer must convey to the client all _____________________. Duty of Candor to the CourtA lawyer cannot engage in conduct involving _____________________. A lawyer cannot: (A) _______________________________________________________________; (B) _______________________________________________________________; (C) _______________________________________________________________; or (D) _______________________________________________________________. If a lawyer knows or learns that he or she has offered false material evidence, including witness testimony, the lawyer must __________________________________________ unless _______________________________________________________________. A lawyer may refuse to offer evidence that the lawyer reasonably believes is _____________________, except __________________________________________. Duty of DiligenceA lawyer must act with __________________________________________ in representing a client, and must __________________________________________. In California, a lawyer cannot __________________________________________ fail to act with reasonable diligence in representing the client. Amount of Lawyer’s FeesIn California, lawyer’s fees cannot be unconscionable or illegal. The California Supreme Court has described “unconscionability” as _______________________________________________________________. Conflicts of InterestCurrent Clients:The fiduciary duty of loyalty requires that a lawyer not _____________________. A concurrent conflict of interest exists if: (1) __________________________________________; or (2) __________________________________________ due to his (a) ___________________________, or (b) _________________________________. A lawyer may represent a client whose interests conflict if: (1) _______________________________________________________________; (2) _______________________________________________________________; (3) _______________________________________________________________; and (4) _______________________________________________________________. A lawyer should decline to represent _____________________ in a criminal case. In California, a lawyer must provide written disclosure when the lawyer: (A) _______________________________________________________________; or (B) _______________________________________________________________. Former Clients:Unless a former client gives informed written consent, a lawyer cannot thereafter represent another person in _____________________ when the person’s interests are __________________________________________ of the former client. Unless a former client gives informed written consent, a lawyer cannot knowingly represent a person in _____________________ that the lawyer’s firm had previously represented a client whose interests are _____________________ and about whom the lawyer __________________________________________. A lawyer cannot use or reveal _____________________ to the detriment of a former client. ................
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