Term
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Definition
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
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Term
| Rule 1.2(a)- Scope of Representation and Allocation of Authority between Client and Lawyer |
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Definition
A lawyer shall abide by a client's decision concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify. |
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Term
| Rule 1.2(b)- Scope of Representation and Allocation of Authority between Client and Lawyer |
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Definition
| 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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Term
| Rule 1.2(c)- Scope of Representation and Allocation of Authority between Client and Lawyer |
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Definition
| 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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Term
| Rule 1.2(d)- Scope of Representation and Allocation of Authority between Client and Lawyer |
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Definition
| 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 of the law |
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Term
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Definition
| A lawyer shall act with reasonable diligence and promptness in representing a client |
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Term
| Rule 1.4(a)- Communication |
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Definition
| A lawyer shall: 1) Promptly inform the client of any decision or circumstance with respect to which the client's informed consent is required by these rules, 2) reasonably consult with the client about the means by which the client's objectives are to be accomplished, 3) keep the client reasonably informed about the status of the matter, 4) promptly comply with reasonable requests for information, 5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law |
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Term
| Rule 1.4(b)- Communication |
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Definition
| A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation |
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Term
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Definition
A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee including the following:
1) the time and labor required, novelty and difficulty of the question involved, and skill required to perform the legal service
2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer
3) fee customarily charged in the locality for similar legal services
4) amount involved and results obtained
5) time limitations imposed by the client or circumstances
6) nature and length of the professional relationship with the client
7)the experience, reputation, and ability of the lawyer or lawyers performing the services
8) whether the fee is fixed or contingent |
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Term
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Definition
| The scope of the representation and the basis or rate of the fee and expense for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client |
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Term
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Definition
| A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the % that shall accrue to the lawyer in the event of a settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before and after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination. |
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Term
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Definition
A lawyer shall not enter into an arrangement for, charge, or collect:
1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or proterty settlement in lieu thereof, or
2) a contingent fee for representing a defendant in a criminal case
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Term
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Definition
A division of a fee between lawyers who are not in the same firm may be made only if:
1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation
2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing, and
3) the total fee is reasonable |
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Term
Rule 1.6(a)- Confidentiality of Information
Pg. 22 |
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Definition
| A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (d) |
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Term
Rule 1.6(b)- Confidentiality of Information
Pg. 22 |
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Definition
A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
1) to prevent reasonably certain death or substantial bodily harm
2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services
3) to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services
4) to secure legal advice about the lawyer's compliance with these Rules
5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved or to respond to allegations in any proceeding concerning the lawyer's representation of the client
6) to comply with other law or a court order |
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Term
Rule 1.7(a)- Conflict of Interest: Current Clients
Pg. 27 |
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Definition
Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exist if:
1) the representation of one client will be directly adverse to another client, or
2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, or a 3rd person or by a personal interest of the lawyer |
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Term
Rule 1.7(b)- Conflict of Interest: Current Clients
Pg. 27 |
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Definition
Notwhithstanding the existance of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:
1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client
2) the representation is not prohibited by law
3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal, and
4) each affected client gives informed consent, confirmed in writing
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