Professional Responsibility - Checklist

1. Were any Duties to the Client violated?

o Duty to preserve Confidentiality of information?
Privileges broken?
Note difference between attorney-client privilege and confidentiality
Disclosures given?
Was there an exception for crime about to be committed that will threaten serious
bodily harm?
o Duty of Loyalty or Conflict of Interest issues?
Specific conflicts:

Adverse financial interest

Improper use of confidential info
Inducing gifts
Obtaining literary or media rights
Providing financial assistance to clients
Receiving compensation from 3rd party
Aggregate settlements
Limiting malpractice liability
Insurance defense lawyer conflicts
o Ask who the client is?
Sexual relationships

Law firm issues?

o Duty of Financial integrity?
Duty to enter into reasonable fee arrangements?
Clients property?
o Duty of competence & care?
2. Were any Duties to 3rd Parties violated?
o Duty of fair representation?

To tribunal?
To opposing counsel?
Unlawful obstruction of justice?
Communication w/ unrepresented parties?
Falsifying evidence?
Threatening proceedings for legal advice?
Improper conduct w jurors, tribunal, judge?
Trial publicity restrictions?

o Duty to accept representation?

o Special duty of prosecutors?
3. Duties to the Court?
o Duty of candor?
o Duty of witness and jurors?
o Duty to Withdraw?
Mandatory?
Permissive?
4. Duties to Profession?
o Duty to advertise truthfully & avoid solicitation?
o Duty not to aid the unauthorized practice of law?
o Duty to the public?
no fraud or crime or serious immoral act

Note: This approach was prepared by Washburn Bar Services. It should be used to help you understand the concept that it represents. It is, however, not a
substitute for materials that a commercial bar review would otherwise distribute. Rather this serves more appropriately as a supplement to commercial bar
review materials.