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Preamble 7: Many of a lawyer's professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession's ideals of public service. |
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Scope 16: Compliance with the Rules, as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law. |
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Rule 1.0 (a), Definition of "Belief" |
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"Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances. |
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Rule 1.0 (b), Definition of "Confirmed in writing" |
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"Confirmed in writing," when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. See paragraph (e) for the definition of "informed consent." If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter. |
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Rule 1.0 (c), Definition of "Firm" or "law firm" |
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"Firm" or "law firm" denotes a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization. |
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Rule 1.0 (d), Definition of "Fraud" or "fraudulent" |
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"Fraud" or "fraudulent" denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive. |
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Rule 1.0 (e), Definition of "Informed consent" |
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"Informed consent" denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. |
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Rule 1.0 (f), Definition of "Knowingly," "known," or "knows" |
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"Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances. |
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Rule 1.0 (g), Definition of "Partner" |
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"Partner" denotes a member of a partnership, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law. |
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Rule 1.0 (h), Definition of "Reasonable" or "reasonably" |
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"Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer. |
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Rule 1.0 (i), Definition of "Reasonable belief" or "reasonably believes" |
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"Reasonable belief" or "reasonably believes" when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable. |
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Rule 1.0 (k), Definition of "Screened" |
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"Screened" denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law. |
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Rule 1.0 (l), Definition of "Substantial" |
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"Substantial" when used in reference to degree or extent denotes a material matter of clear and weighty importance. |
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Rule 1.0 (m), Definition of "Tribunal" |
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"Tribunal" denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party's interests in a particular matter. |
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Rule 1.0 (n), Definition of "Writing" or "written" |
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"Writing" or "written" denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording, and electronic communications. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing. |
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Scope Of Representation And Allocation Of Authority Between Client And Lawyer- decisions concerning the objectives of representation |
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Scope Of Representation And Allocation Of Authority Between Client And Lawyer- A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities. |
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Scope Of Representation And Allocation Of Authority Between Client And Lawyer- A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. |
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Scope Of Representation And Allocation Of Authority Between Client And Lawyer- A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law. |
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Scope Of Representation And Allocation Of Authority Between Client And Lawyer- Although this Rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances. |
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Confidentiality Of Information |
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Confidentiality Of Information- Conflicts Exception |
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Conflict Of Interest: Current Clients |
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Conflict Of Interest: Current Clients: Specific Rules-business transaction with a client. |
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Conflict Of Interest: Current Clients: Specific Rules-information relating to representation of a client to the disadvantage of the client |
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Conflict Of Interest: Current Clients: Specific Rules- A lawyer shall not solicit any substantial gift from a client |
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Conflict Of Interest: Current Clients: Specific Rules-compensation for representing a client from one other than the client |
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Conflict Of Interest: Current Clients: Specific Rules- aggregate settlement/pleas of the claims |
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Conflict Of Interest: Current Clients: Specific Rules-sexual relations with a client |
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Conflict Of Interest: Current Clients: Specific Rules-While lawyers are associated in a firm, a prohibition in the foregoing paragraphs (a) through (i) that applies to any one of them shall apply to all of them. |
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Imputation Of Conflicts Of Interest |
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Declining Or Terminating Representation |
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Duties To Prospective Client |
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Evaluation For Use By Third Persons |
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Candor Toward The Tribunal |
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Candor Toward The Tribunal - Comment 13: A practical time limit on the obligation to rectify false evidence or false statements of law and fact has to be established. |
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Fairness To Opposing Party And Counsel |
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Truthfulness In Statements To Others |
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Communication With Person Represented By Counsel |
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Dealing With Unrepresented Person |
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Responsibilities Of Partners,Managers, And Supervisory Lawyers |
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Responsibilities Of A Subordinate Lawyer |
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Professional Independence Of A Lawyer |
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Unauthorized Practice Of Law; Multijurisdictional Practice Of Law |
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