Professional Responsibility

7 important questions on Professional Responsibility

PDC applies to what information?

The PDC applies not only to matters communicated in confidence by the C (which are also protected by the ACP), but also to all information gained during and relating to the representation, whatever its source.

NY 1.6(a)(3) - defines confidential information as

"Confidential information" consists of: information gained during or relating to the representation of a C, whatever its source, that is
  • (a) protected by the ACP,
  • (b) likely to be embarrassing or detrimental to the client if disclosed, or
  • (c) information that the client has requested to be kept confidential.



"Confidential information" does not ordinarily include
  • (i) a L's legal knowledge or legal research, or
  • (ii) information that is generally known in the local community or the trade/field/profession to which the information relates

Joint Representation Doctrine In Action:

One client cannot assert the ACP against the other client.
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

NY county Op. 746 (covers Dodd-Frank bounties)

Sets out rules for reporting out (whistle-blowing) by Ls pursuant to NY DRs. Concludes that state ethics rules preempt Dodd Frank (whistle-blowing for bounty only if NY 1.6(b) allows).

The PDC exception NY 1.6(b)(2) permits L to disclose confidential information in order to....

prevent the client from committing a crime.
- Note. Only applies to crimes by the "client," so often the corp itself must be about to commit a crime

In Disqualification proceedings against L based on concurrent representation, what is L's burden

Because concurrent representation is prima facie improper, in order to avoid disqualification, it is incumbent upon the attorney to show, at the very least, that there will be no actual or apparent conflict in loyalties or diminution in the vigor of his represention. GSI (2nd Cir 2010).

Under ABA 1.7, Cmt 34, can an organizational C's private practice L accept representation adverse to an affiliate of the entity in an unrelated matter?

Yes. Allowed, unless... [1]] the circumstances are such that the affiliate should also be considered a C of the L; (2) there is an understanding between the L and the organizational C that the L will avoid representation adverse to the C's affiliates, OR [3] the L's obligations to either the organizational C or the new C are likely to limit materially the L's representation of the other client. ABA 1.7, CMT 34.

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo