February 2004 Question 1 [Crimes]
February 2004 Question 2 [Community Property]
February 2004 Question 3 [Professional Responsibility]
Duty of Loyalty
Potential Conflict
Actual Conflict
accepting payment from a third party
- should not influence the lawyer's independent judgment, and the client consents after full disclosure.
Fees
California does not require fee agreements to be in writing unless amount is greater than $1000.
Duty of Confidentiality
Duty as Advisor
Duty of Competence
(1) be competent in his representation
(2) to fully advise the client
(3) the act consistent with the client's objectives
(4) the exercise independent judgment and not let a third party improperly influence his judgment
What L should have done
February 2004 Question 4 [Real Property]
February 2004 Question 5 [Constitutional Law]
February 2004 Question 6 [Civil Procedure]