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Professional Responsibility Bar Essay Checklist Outline

Law Outlines > Professional Responsbility - Bar Exam Outlines

This is an extract of our Professional Responsibility Bar Essay Checklist document, which we sell as part of our Professional Responsbility - Bar Exam Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

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P.R. ESSAY CHECKLIST GENERAL

* "The lawyer has a duty of __________ to __________.

* Isolate action by attorney

* Evaluate each duty that arises because of that action

DUTIES TO CLIENT

* Loyalty o General Rule o

Imputed Disqualification
? Exceptions

o

Conflicts Between Attorney & Client
? Business Transactions/Adverse Interest
? Board Service
? Publication Rights
? Limiting Liability
? Loans & Advances
? Use of Info
? Gifts
? Close Relationship w/Adverse Counsel
? Trial counsel as necessary witness

o

Conflicts Between Clients
? General Rule
? Opposite Sides of Same Matter
? Conflict w/present client's interests
? Two clients with inconsistent positions
? Multiple clients in same matter
? New client in matters related to former client
? Former gov't lawyer now in private practice

o

Corporation as Client

o

Conflicts Raised by Liability Insurance

o

Withdraw
? Permissive

* No material adverse effect on client's interest

* Client persists in using lawyer's services to commit crime/fraud

* Matter repugnant to lawyer or fundamental disagreement

* Client fails substantially to fulfill an obligation to the lawyer regarding lawyer's services and has had reasonable notice that lawyer will withdraw unless obligation is fulfilled

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