Term
| Non-disciplinary sanctions |
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Definition
1. Disqualifications: thrown out of representation of a particular client
2. Civil liable: usually malpractice
3. Criminal liability |
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Term
| Serving as an attorney and an arbitrator on the same matter |
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Definition
| Generally, an attorney who personally and substantially participates as an arbitrator may not represent anyone in connection with the matter arbitrated 2 Exceptions: 1. Informed, written consent by all parties to the proceeding 2. Restriction does not apply to an arbitrator selected as a partisan of a party in a multi-member arbitration panel. |
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Term
| Attorney conflict of interest - when representation conflicts with the attorney's own interests |
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Definition
| An attorney must not represent a client if the representation of the client may be materially limited by the attorney’s own interests, unless (1) the attorney secures the client’s informed consent, confirmed in writing, and (2) the attorney reasonably believes that he will be able to provide competent and diligent representation to the affected client. |
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Term
| Exception to duty of confidentiality to a prospective client |
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Definition
| Although a lawyer owes a duty of confidentiality to a prospective client, a person who contacts a lawyer for the purpose of preventing the lawyer from representing another party in a matter (i.e., to disqualify the lawyer) is not treated as a prospective client. |
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Term
| Justifiable delay in transmitting information to a client |
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Definition
| An attorney may be justified in delaying transmission of information to a client when the client would be likely to react imprudently to an immediate communication. |
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Term
| Delaying transmission of information to a client for the attorney's self interest |
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Definition
| An attorney may not, however, withhold information to serve the attorney’s own interests or convenience or the interests or convenience of another person. |
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Term
| Solicitation of employment through a member services plan |
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Definition
| Generally, a lawyer is prohibited from engaging in in-person or other real-time contact to solicit professional employment for pecuniary gain. A lawyer may provide legal services through a prepaid or group legal services plan that solicits membership in the plan through real-time contact, but not if the plan is owned or directed by a lawyer or law firm that participates in the plan. |
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Term
| Conflict of interest: adversity to a current client |
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Definition
| A lawyer must not represent a client when doing so is (1) directly adverse to the interests of another client or (2) there is a significant risk that the representation of the client will be materially limited by the lawyer's responsibilities to the current client, without each client's informed consent. |
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Term
| Definition of "direct adversity" to a client's interest |
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Definition
| For direct adversity to exist between clients, there must be a conflict as to the legal rights and duties of the clients. |
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Term
| Judge's letter of recommendation |
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Definition
| Judge may provide a reference or recommendation for an individual based upon the judge’s personal knowledge. |
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Term
| When a judge can use official letterhead to make a recommendation |
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Definition
| The judge may use official letterhead for a reference letter if the judge indicates that the reference is personal and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to use the judge’s official position to exert pressure. |
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Term
| Attorney's obligation to disclose threats of bodily harm |
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Definition
An attorney may reveal confidential information concerning the representation of a client to the extent the attorney reasonably believes disclosure is necessary to prevent reasonably certain death or bodily harm.
The attorney is not obligated to do so, however. |
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Term
| When an attorney can enter into a reciprocal referral arrangement |
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Definition
| (1) The agreements must not be exclusive or of an indefinite duration, and (2) the client must be informed of the nature and existence of the agreement. |
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Term
| Application of the duty of confidentiality |
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Definition
| The ethical duty of confidentiality applies to all information relating to the representation regardless of the source, including third-party communications. |
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Term
| Conflict of interest: attorney advocate and witness in the same firm |
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Definition
| An attorney is permitted to act as an advocate in a trial in which another attorney in his firm is likely to be called as a witness, unless the conflict-of-interest rules otherwise preclude the attorney from doing so. |
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Term
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Definition
| An attorney owes a duty of care to the client. The duty of care is generally the competence and diligence exercised by attorneys of similar experience under similar conditions. |
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Term
| "Duty of care" standard for specialized attorneys |
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Definition
| If an attorney represents to the client that he has specialized expertise, then the attorney will be held to the standard of care of a specialist. |
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Term
| Attorney's duty to manage her workload |
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Definition
| An attorney cannot justify a lack of diligence based on illness, subordinates, personal animosity, or the inability to balance other work. An attorney must control her workload to ensure that she can handle all matters competently. |
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Term
| Emergency exception to competent representation requirement |
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Definition
In an emergency, an attorney may give advice or assistance in a matter in which the attorney does not have the skill ordinarily required if referral to or consultation with another attorney would be impractical.
Assistance should be limited, however, to what is reasonably necessary under the circumstances. |
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Term
| Duty to provide competent representation |
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Definition
| An attorney is obligated to provide competent representation to the client and must possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. |
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Term
| Criminal defendant's decision to testify |
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Definition
| The Model Rules of Professional Conduct do not permit an attorney to refuse to offer the testimony of a client who is a criminal defendant when the attorney reasonably believes but does not know that the testimony will be false. Unless the attorney knows that the testimony will be false, the attorney must honor the criminal defendant’s decision to testify. |
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Term
| Duty of confidentiality when changing firms |
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Definition
| Exception to duty of confidentiality for disclosures that are made to detect conflicts of interest that occur when a lawyer is engaged in (1) substantive discussions about changing employment or (2) there is substantive discussion about a change in the composition or ownership of a firm. |
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Term
| When an attorney must tattle on another attorney |
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Definition
| An attorney must inform the appropriate authority that another lawyer has committed a violation of the Model Rules of Professional Conduct that raises a substantial question as to that lawyer’s (1) honesty, (2) trustworthiness, or (3) fitness as a lawyer when the attorney has actual knowledge of the misconduct. |
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Term
| Limitation on participation in legal organizations adverse to a client's interest |
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Definition
An attorney may serve as a director, an officer, or a member of a legal services organization even if the organization serves persons having interests that are adverse to a client of the attorney.
The attorney, however, is not permitted to knowingly participate in a decision of the organization if (1) participation would be incompatible with the attorney’s obligations to a client , or (2) when the decision or action could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the attorney. |
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Term
| Confidentiality under court order |
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Definition
| While there is an exception to the duty of confidentiality if the lawyer reasonably believes it necessary to comply with a court order or other law, this exception requires the lawyer to assert all non-frivolous claims that the information sought is protected against disclosure by the lawyer-client privilege or other applicable law. |
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Term
| Imputed conflict of a personal interest |
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Definition
In general, if one attorney in a firm is prohibited by the conflict-of-interest rules from representing a client, that prohibition applies to all other attorneys in the firm.
BUT, if the prohibition is (1) based on a personal interest of the disqualified attorney and (2) does not present a significant risk of materially limiting the representation of the client by the remaining attorneys in the firm, then the disqualified attorney’s conflict will not be imputed to the firm. |
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Term
| Judicial bias or prejudice |
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Definition
| In performing judicial duties, a judge must not by words or conduct manifest bias or prejudice. Examples of manifestations of bias or prejudice include, but are not limited to: negative stereotyping; attempted humor based upon stereotypes; suggestions of connections between race, ethnicity, or nationality and crime; and irrelevant references to personal characteristics. The requirements of the Code of Judicial Conduct do not preclude judges or attorneys from making legitimate reference to race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, or similar factors, when they are relevant to an issue in a proceeding. |
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Term
| Liability for the unauthorized disclosure of information by third parties |
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Definition
| A lawyer must make reasonable efforts to prevent the inadvertent or unauthorized disclosure of information relating to the representation of a client by persons who are participating in the representation of the client or who are subject to the lawyer’s supervision. |
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Term
| Attorney'd duty of care to a non-client |
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Definition
| While generally a lawyer does not owe a duty to a non-client, a lawyer can owe a duty of care to a non-client when the non-client has (1) been invited to rely on the opinion or legal services of the lawyer, and (2) the non-client does so. |
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Term
| Ban on extrajudicial statements (what's banned and when) |
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Definition
Except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, a prosecutor must refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.
This ban on extrajudicial statements applies while the trial is ongoing. |
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Term
| Arbitration agreements with respect to malpractice suits |
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Definition
| An attorney may enter into an arbitration agreement with a client with regard to a malpractice dispute if such an agreement is permitted by the applicable jurisdiction. However, the client must be fully informed as to the scope and effect of the agreement. |
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Term
| Disclosure of adverse legal authority |
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Definition
| An attorney has a duty of candor to the tribunal, which requires the attorney to disclose to the tribunal legal authority in the controlling jurisdiction known to the attorney to be directly adverse to the position of the client that was not disclosed by opposing counsel. |
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Term
| Attorney negotiating for media rights |
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Definition
| An attorney is prohibited from negotiating for literary or media rights relating to representation of a client prior to the conclusion of the representation. |
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Term
| Statements of personal opinion to a jury |
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Definition
| In addressing the jury, a lawyer is prohibited from stating a personal opinion as to the culpability of a civil litigant. |
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Term
| False statements concerning a judge or public officer |
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Definition
| a lawyer must not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity (i.e., a false statement made with actual malice) concerning the qualifications or integrity of a judge, adjudicatory officer, or public legal officer, or of a candidate for election or appointment to judicial or legal office. |
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Term
| Steps an attorney can take who lacks experience to provide competent representation |
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Definition
| An attorney lacking the necessary knowledge or experience must: (i) decline or withdraw from representing the client, (ii) become competent without unreasonable delay, or (iii) associate with competent counsel. |
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Term
| Attorney limitations on counseling someone to refrain from giving information |
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Definition
| MRPC 3.4(f) prohibits a lawyer from asking a person other than a client to refrain from voluntarily giving relevant information to another party unless the person is a relative or an employee or other agent of the client. |
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Term
| Requirements for written advertisments |
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Definition
| A lawyer is permitted to advertise her services through written communication, so long as (1) the communication regarding such services is not false or misleading, or (2) in violation of the rules against solicitation of clients. In addition, any advertisement must include the name and office address of at least one lawyer or law firm responsible for its content. |
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Term
| Duty to avoid conflicts of interest with past clients |
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Definition
| An attorney who has previously represented a client in a matter must not subsequently represent another person in (1) the same or a substantially related matter in which (2) that person’s interests are materially adverse to the interests of the former client, unless the former client gives informed consent, confirmed in writing. |
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Term
| Requirements of an attorney appointed to represent a criminal defendant |
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Definition
| A lawyer who is appointed to represent a criminal defendant must (1) competently discharge his work or (2) associate with someone who will perform the work competently with the consent of the client. |
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Term
| Offering counsel to a pro se plaintiff |
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Definition
| A lawyer may counsel a non-lawyer who wishes to proceed pro se in a legal matter. |
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Term
| Permissive withdrawal - illegal conduct |
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Definition
| A lawyer may withdraw if the client persists in a course of action the lawyer reasonably believes is criminal or fraudulent. |
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Term
| Compensation of non-lawyers based on a firm's profits |
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Definition
| A plan for a non-lawyer's compensation based upon the net profits of the firm is expressly permitted in MRPC 5.4(a) as long as the non-lawyer is an employee. |
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Term
| Communication with a represented party |
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Definition
| In representing a client, a lawyer or someone acting on behalf of the lawyer is not permitted to communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless (1) the lawyer has the consent of the other lawyer or (2) is authorized to do so by law or a court order. |
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Term
| Partnerships between a lawyer and nonlawyer |
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Definition
| A lawyer is prohibited from entering into a partnership with a non-lawyer if any of the partnership's business will include the practice of law. |
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Term
| Depositing funds in connection with representation |
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Definition
| A lawyer must hold funds that are in a lawyer's possession in connection with representation separately from the lawyer's own funds. |
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Term
| Limitation on being an advocate and witness at trial |
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Definition
| a lawyer may not serve as an advocate at a trial in which the lawyer is likely to be a necessary witness relating to a contested issue. |
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Term
| Advertising through public media |
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Definition
| A lawyer is generally permitted to advertise his services through public media, including a radio commercial, so long as the communications regarding such services are not false or misleading or in violation of the rules against solicitation of clients. MRPC 7.2(a). Any advertisement must include the name and office address of at least one lawyer or law firm responsible for its content. |
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Term
| Judicial campaign contributions |
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Definition
| A judicial candidate is not permitted to solicit or accept campaign contributions other than through a campaign committee. |
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Term
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Definition
| a judge may accept commercial or financial opportunities and benefits only if the same opportunities and benefits or loans are made available on the same terms to similarly situated persons who are not judges. |
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Term
| Multi-disciplinary practice of law |
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Definition
| . Lawyers and non-lawyers may not practice together in a single entity co-owned by the two professionals or sets of professionals if the entity delivers legal services. |
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