■ Duties are attached before a client becomes a client and after a client

ceases to be a client.
● However they are limited by the scope of the matter that the law
firm/lawyer is retained for.
● When there's ambiguity in scope of duties, it's on the lawyer to
clarify with the client.
○ Duty of Competence
■ Rule 1.1: all lawyers must provide competent representation which is
defined by “the legal knowledge, skill, thoroughness, and preparation
reasonably necessary for the representation.”
■ Incompetence could be: ignorance, inexperience, negligence, lack of time,
and high volume (bandwidth).
● Re: bandwidth, it's on the lawyers and the supervisor to track the
lawyer’s capacity
■ Incompetent work can lead to malpractice liability, but rarely discipline.
■ Sixth amendment requires competence counsel in criminal cases
■ Good, or at least reasonable, judgment is a requirement.
■ After law school, we are presumptively incompetent
○ Duty of Confidentiality
■ Perez v. Kirk & Carrigan: truck driver that hit a school bus is in
hospital. K&C attorneys come in and get a statement from him after
reassuring Perez that they are his attorneys. Later on K&C hands over this
statement to the DA’s office who indicts Perez. Held: there existed an
attorney-client relationship despite no fee, contract, etc. because Perez
relied on the statements to trust K&C, thereby creating a corresponding
duty to maintain that trust; such information must be held in confidence
and privileged from disclosure in civil/criminal trials.
● The relationship between attorney and client should be in “most
abundant good faith” which requires absolute and perfect candor,
openness, and honesty, and the absence of any concealment or
deception.”
● Takeaway: you owe an attorney-client duty to potential clients as
well
■ Basis to sue for breach would be the law of agency…
● Privileged information vs. confidential information
○ Privileged: law of evidence is the source of attorney-client privilege. Privilege
protects communications between a lawyer (or his agent) and a client (or its
agent). (Unenacted) Rule 503: “A client has a privilege to refuse to disclose and
to prevent any other person from disclosing confidential communications made
for the purpose of facilitating the rendition of professional legal services to