Professional and Ethical Responsibility Flashcards

What is the attorney's duty of diligence under Model Rule 1.3?

Answer: Act with reasonable promptness and pursue matters with dedication, avoiding unnecessary delay

Rule 1.3 requires reasonable diligence and promptness, including avoiding procrastination and unnecessary delay.

What is the ethical obligation regarding solicitation of clients?

Answer: In-person solicitation for profit is generally prohibited while written advertising is permitted with restrictions

Rule 7.3 prohibits real-time solicitation for pecuniary gain while permitting written advertising with disclosures.

What is dual representation and what ethical issues does it raise?

Answer: Representing two clients with potentially conflicting interests, raising conflict concerns

Dual representation creates potential conflicts when an attorney represents multiple clients in the same matter.

What is the ethical duty of competence under Model Rule 1.1?

Answer: Attorneys must provide competent representation requiring legal knowledge, skill, thoroughness, and preparation

Rule 1.1 requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

What ethical issues arise when a paralegal changes law firms?

Answer: Potential conflicts from confidential information requiring disclosure and possible ethical screening

A paralegal changing firms may carry confidential information creating potential conflicts requiring screening.

What is the attorney's duty to safeguard client property under Model Rule 1.15?

Answer: Keep client funds and property separate, maintain records, and promptly deliver when requested

Rule 1.15 requires keeping client property separate, maintaining trust accounts, detailed records, and prompt delivery upon request.