Client-Lawyer Relationship

1.1:

Competence

Rule? Having the legal knowledge, skill, thoroughness and preparation reasonably necessary to provide competent representation to the C.

Reasoning? Every L should have the required proficiency to do her job.

Exceptions? In emergency, a L may give advice or assistance in a matter in which L d/n have the skill ordinarily req'd where referral to or consultation with another L is impractical. But info must be limited to that which is reasonably necessary in the circumstances.

Client-Lawyer Relationship

1.2(a):

Scope of Representation: Allocation of Authority

btw C & L

Rule? C has the ulimate authority to determine the purposes to be served by legal rep & decisions to settle a civil matter, within limits imposed by law & L's professional obligations.

Reasoning? C is paying client & has to live w/outcome!

Exceptions? (1) C can authorize the L to take specific action on C's behalf w/out further consultation. (2) If C suffers from diminished capacityy, L's duty to abide by C's decisions guided under 1.14.

Client-Lawyer Relationship

1.2(b):

Scope of Representation: Independence from Client's Views or Activities

Rule: L's rep of C d/n constitute an endorsement of C's political, economic, social or moral views or activities.

Reasoning? Legal rep for all!

Client-Lawyer Relationship

1.2(c):

Scope of Representation: Agmts Limiting Scope

Rule? L may limit scope of rep if limitation is reasonable under circumstances & C gives informed consent.

Reasoning? C & L should have the latitude necessary to form their own specific relationship

Client-Lawyer Relationship

1.2(d):

Scope of Representation: Criminal, Fraudulent, Prohibited Transactions

Rule? L cannot help C engage in fraudulent activity.

Exceptions? L can discuss legal consequences of any proposed course of conduct with a C and may counsel or assist a C to make a good faith effort to determine the validity, scope, meaning or application of the law.

Client-Lawyer Relationship

1.3:

Diligence

Rule? L shall act with reasonable diligence and promptness in representing a client and until the matter has been resolved. Solo practioner's must prepare a plan in the event of his/her death or disability to prevent negligence.

Reasoning? Procrastination is bad.

Exceptions? Rule d/n require L to use offensive tactics or preclude treating all persons in legal process w/courtesy & respect.

Client-Lawyer Relationship

1.4:

Communication

Rule? L shall inform the C of any decision or circumstance w/r/t which the client's informed consent is req'd; shall reasonably consult w/C @ the means by which the C's obj are to be accomplished; shall keep C informed about status of matter (including offers of settlement); promptly comply with requests for info; consult C about limitations by MRPR; explain matter to the extent reasonably necessary to permit C to make informed decisions re: representation.

Reasoning? Reasonable communication necessary for C to effectively engage in representation.

Exceptions? L may be req'd by law to withold certain info. L may temporarily withhold info when C would be likely to react imprudently to an immediate communication.

Client-Lawyer Relationship

1.5:

Fees

Rule? L must charge only reasonable fees and expenses. Factors include: time/labor req'd for Qs involved; overwhelming nature of case; customary fees; amt proportionate to reward; time limitations on C or by circumstances; nature and length of prof. relationship; experience/reputation of L or LF; whether fee is fixed or contingent. Scope of rep & basis or rate of fee & expenses shall be communicated to C, preferably in writing, b/f or within reasonable time @ commencing rep. Changes must be communicated. Fees can be split if C approves arrangement and share split in writing and total fee is reasonable and proportionate.

Exceptions? Contingency fees only allowed if legally permitted and if contingency agmt in writing, signed by C with description of percentages and payment. L cannot charge or collect any fee in domestic relations matter if $ contingent upon securing divorce or spec amt of alimony or property settlement. Continent fees not allowed for rep D in criminal case.

If a jurisdiction has set a mandatory mediation or arbitration process for resolution of fee disputes, a L must comply with it.

Client-Lawyer Relationship

1.6:

Confidentiality of Information

Rule? Cannot disclose info @ C w/out informed consent or implied authorization b/c disclosure appropriate to carry out representation. Rule applied in situations other than those where E is sought from the L through compulsion of law. May use hypotheticals as long as there is no reasonable likelihood that the listener will be able to ascertain the identity of the C or situation involved.

Reasoning? Trust is the hallmark of the C-L relationship.

Exceptions? MAY disclose if reasonably necessary to (1) prevent reasonably certain death or sub'l bodily harm; (2) to prevent client from committing a crime or fraud that is reasonably certain to result in sub'l injury if the C has used your services in connection w/that fraud; (3) to prevent, mitigate or rectify sub'l injury that is on-going and the C has used your services in connection w/activity; (4) to secure legal advice @ compliance w/these rules; (5) to establish a defense to a dispute w/that C and collect fees; (6) to comply w/law or other ct order

Client-Lawyer Relationship

1.7:

Conflict of Interest: Current Clients

Rule? L shall not represent C if it involves concurrent conflict of interest. Concurrent conflict of interest exists if (1) rep of 1 C will directly adverse to another C; (2) there is a significant risk that rep of 1 or more Cs will be materially limited by the L's responsibilities to anotehr C, FC or 3rd person or by personal interest of L.

Reasoning? Loyalty & independent judgment are essential elements in the L's relationship w/C.

Exceptions? L MAY represent a C if (1) L believes she can provide competent & diligent rep to each affected client; and (2) rep not prohibited by law; and (3) rep d/n involve assertion of a claim by 1 C against another C represented by the lawyer in same litigation or other proceeding before tribunal; and (4) each affected C gives informed consent, confirmed in writing.

Client-Lawyer Relationship

1.8 (a):

Conflict of Interests & Business Transactions

Rule? L cannot enter into business transaction w/C or knowingly acquire ownership or other interest adverse to a C.

Reasoning? Prevents possibility of overreaching during L-C relationship.

Exceptions? (1) Transaction is fair and reasonable, fully disclosed and transmitted in writing that can be reasonably understood by C. or (2) C advised in writing of the desireability of seeking & given reasonable opp to seek indep. counsel on transaction and then, gives gives informed consent in a signed writing to the essential terms, lawyer's role, including whether the L is representing C in transaction.

 Client-Lawyer Relationship

1.8(b):

Conflict of Interest: Information Disclosure

Rule? Shall not use info relating to rep of C to the disadvantage of C.

Reasoning? Upholds the L's duty of loyalty.

Exceptions? C gives informed consent, or disclosure permitted or required by other sections of this rule, or use w/not disadvantage C.

Client-Lawyer Relationship

1.8(c):

Conflict of Interest: Gifts to Lawyers

Rule? L shall not solicit any subs'l gifts from a C

Reasoning? Addresses concerns about overreaching & imposition on Cs

Exceptions? L may accept gift from a C if the transaction meets general standards of fairness. Also, L can accept testamentary gift if related to C.

Client-Lawyer Relationship

1.8(d):

Conflict of Interest: Literary Rights

Rule? While rep a C, L cannot make or negotiate an agmt giving L literary or media rights to a portrayal/account based in subst'l part on info relating to the representation.

Reasoning? Prevents a conflict btw the interests of the clients and the interests of a lawyer.

Client-Lawyer Relationship

1.8(e):

Conflict of Interest: Financial Assistance

Rule? L may not subsidize any suits on behalf of their Cs.

Reasoning? Personal Loans could encourage lawsuits by Cs that might otherwise not be brought & also because L would then have too big of a stake in the litigation. Other acceptable loans ensure access to the courts.

Exceptions? (1) L can lend a C court costs & litigation expenses, including expenses for medical examination, costs associated with obtaining evidence when repayment is contingent on outcome. (2) L can offer to pay court/litigation fees for no repayment if C is indigent.

Client-Lawyer Relationship

1.8(f):

Conflict of Interest: Person Paying for L's Services

Rule? L shall not accept compensation for rep a C from another person who is not C.

Reasoning? Prevents interference by 3rd party.

Exceptions? Allowed if C gives informed consent AND there is no interference w/L's independence of professional judgement or w/the C-L relationship; AND info relating to rep of C is kept confidential.

Client-Lawyer Relationship

1.8(g):

Conflict of Interest: Aggregate Settlements

Rule? Before any settlement offer or plea bargain is made or accepted on behalf of multiple clients, the L must inform each of them about the material terms of the settlement, including what the other clients will receive or pay if the settlement or plea offer is accepted. Then, all Cs have to give informed consent.

Reasoning? Cs in same suit might have diff. preferences @ offers of settlement

Client-Lawyer Relationship

1.8(h):

Conflict of Interest: Limiting Liability & Settling Malpractice Claims

Rule? L cannot limit C's right to sue for malpractice unless C is independently represented in making that agmt.

Reasoning? Prospective agmts are likely to undermine competent and diligent representation

Exceptions? Can make agmt re: settling a claim or a potential claim for malpractice but L must advise C in writing to encourage C get independent rep in connection with such a settlement and give C a reasonable opp to find and consult independent counsel.

Client-Lawyer Relationship

1.8(i):

Conflict of Interest: Acquiring Propriety Interest in Litigation

Rule? L prohibited from acquiring proprietary interest in litigation.

Reasoning? Avoids giving L too great an interest in representation.

Exceptions? (1) L can acquire a lien authorized by law to secure a L's fee or expenses; and (2) L can contract w/C for a reasonable contingent fee in a civil case.

Client-Lawyer Relationship

1.8(j):

Conflict of Interest: Sexual Relationships

Rule? No new sexual relations with C allowed

Reasoning? Compromises trust

Exceptions? L & C had consensual sexual relationship prior to L representing C.

Client-Lawyer Relationship

1.8(k):

Conflict of Interest: Imputation of Prohibitions

Rule? Prohibited conduct under 1.8 applies to ALL lawyers associated in a firm with the personally prohibited L.

Reasoning? If law didn't extend, would be too easy for firms to get around the conflict of interest rules.

Client-Lawyer Relationship

1.9:

Duties to Former Clients

Rule? L shall not rep person in the same or a subst'l related matter in which that person's interests are materially adverse to the interests of FC unless FC gives informed consent, in writing. Neither L or LF disqualified from representing FC of L or L's old firm if L didn't receive any knowledge or info relating to that particular client.

Reasoning? FC's confidences should always be protected.

Client-Lawyer Relationship

1.10:

Imputation of Conflicts of Interest: General Rule

Rule? L in LF cannot knowingly represent C when any one of them practicing along would be prohibited. When L leaves firm, restriction lifted.

Reasoning? A firm of lawyers is essentially one lawyer

Exceptions? (1) Rule d/n apply where neither Qs of client loyalty nor protection of confidential info are presented. (2) If prohibitation based on a personal interest (like strong political belief) of the disqualified L and d/n present a significant risk of materially limiting the rep of the C by the remaining Ls, then, rep OK. (3) Rep OK if disqualified L is timely screened, d/n get fee from rep, & written notice promptly given to affected former C to enable FC to ascertain compliance w/provisions of rule; compliance must be given to FC upon request.

Client-Lawyer Relationship

1.11(a):

Special Conflicts of Interest for Former and Current Government Officers and Employes: Standard Rule

Rule? Unless expressly permitted by law, a L who has served as a public officer or gov't employee cannot represent a C in a matter the L participated personally and subst'l while in gov't service.

Exception? Gov't agency gives informed consent in writing.

Client-Lawyer Relationship

1.11(b):

Special Conflicts of Interest for Former and Current Government Officers and Employes: Screening

Rule? If L is disqualified from rep, no L in a firm w/L may knowingly undertake or continue rep in such a matter unless exceptions apply.

Exceptions? Disqualified L is timely screened AND written notice is promptly given to the appropriate gov't agency to enable it to ascertain compliance with the provisions of this rule.

Client-Lawyer Relationship

1.11(c):

Special Conflicts of Interest for Former and Current Government Officers and Employes: Confidential Info

Rule? Except as allowed by law, a L that knows confidential gov't info about a person acquired when L was working for gov't may NOT represent a private client whose interests are adverse to that person or the info could be used to C's disadvantage.

What is confidential gov't info? Info that has been obtained under gov't authority and the gov't is prohibited by law from disclosing to the public or has a legal privilege not to disclose and which is not otherwise available to the public.

Client-Lawyer Relationship

1.11(d):

Special Conflicts of Interest for Former and Current Government Officers and Employes: Former Private L conflicts

Client-Lawyer Relationship

1.11(e):

Special Conflicts of Interest for Former and Current Government Officers and Employes: Def of "Matter"

Client-Lawyer Relationship

1.12(a): Former Judge, Arbitrator, Mediator or Other 3rd Party Neutral

Rule? L shall not represent anyone in connection w/a matter in which L participated personally & substantially as a J or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other 3rd party neutral. Imputation d/n carry over to firm if J is screened and written notice is given to parties & appropriate tribunal.

Exception? Parties give prior informed consent in writing.

Client-Lawyer Relationship

1.12(b): Former Judge, Arbitrator, Mediator or Other 3rd Party Neutral

Rule? L-adjudicators cannot negotiate for employment with any party or lawyer for a party to a matter in which the adjudicator is "participating personally and substantially".

Exception: Law clerk to a J or other adjudicative officer can negotiate for employer only after notifying J or other adjudicative officer.

Client-Lawyer Relationship

1.13:

Organization as Client

Rule? L's client is the org. L shall defer any violations to the org or of law (that are likely to result in subst'l injury to org) to the next highest authority in org. If highest authority fails to address violation of law and L reasonably believes violation is certain to result in subst'l injury to the org, L can reveal info regardless of whether 1.6 prohibits disclosure but only to the extent necessary to prevent that subst'l injury to org. When L believes discharge due to L's actions in accord w/these rules, can tell org's highest authority. When communicating w/employees, must tell them org is your client. Can represent employees on different matters subject to 1.7 rules. If consent by org req'd, must be given by official at org other than indiv who is to be represented, or by shareholders.

Exceptions? L should not disclose info pertaining to L's investigation of an alleged violation of law or when defending the org.

Client-Lawyer Relationship

1.14:

Client w/Diminished Capacity

Rule? L must maintain normal C-L relationship w/mentally diminished C to the extent reasonably possible. If mentally diminished C is at risk of sub'l physical, financial or other harm unless action is taken and cannot act in her own interests, L may take reasonably necessary protective actions, including seeking outside help.

Reasoning? L must keep the C's best interests in mind.

Exceptions? All info must be kept confidential except when L taking protective action and must reveal info to the extent reasonably necessary to protect C's interests.

Client-Lawyer Relationship

1.15:

Safekeeping Property

Rule? L shall hold property of clients separate from own property and from other clients. Upon receiving funds or other property in which client has interest, L shall promptly notify C and deliver funds upon request unless agmt or law requires different. Any disputed amts must be kept in a trust acct.

Reasoning? L should hold property of others with care req'd of a professional fiduciary.

Exceptions? L may deposit own funds in a client trust acct for the sole purpose of paying bank service charges on that acct & can withdraw $ from acct only for previously agreed legal fees/expenses.

Client-Lawyer Relationship

1.16:

Declining or Terminating Representation

Rule? L cannot rep C: if rep violates MRPR or other law & C demands rep; L is physically/mentally incapable; or L is discharged. L MAY withdraw if: leaving won't compromise case; L believes C is doing something fraudulent/criminal; L was used for a crime; L has a fundamental disagreement w/insistent actions of C; C subst'l fails w/r/t services & has been given reasonable warning; case becomes unreasonably financially burdensome/unreasonably difficult; L has other good cause. L must be fair in withdrawal when practiceable, give notice and return unused retainer.

Reason? Gives L's a possible out when she can't give competent representation for some reason.

Exception? Can get out of case if req'd by law or judge demands you stay.

Client-Lawyer Relationship

1.18:

Duties to Prospective Clients

Rule? Person who discusses w/L the possibility of forming a C-L relationship is a pot'l C. Even when no C-L relationship ensues, L shall not use or reveal info learned in consultation except as rule 1.9 would permit w/r/t info of a former client. Conflict of interests rules apply for L and/or LF.

Reasoning? PC should receive some if not all of the protections afforded Cs since they relay personal info

Exceptions? If L receives disqualifying info, rep may be permissible if affected C and PC have been given informed consent, confirming in writing OR L who rec'd info took reasonable measures to avoid exposure to more disqualifying info than was reasonably necessary to determine whether to rep the PC; and disqualified L screened, gets no $; and written notice promptly given to the PC.

Counselor

2.1:

Advisor

Rule? L shall exercise independent professional judgment and render candid advice based on law & other considerations such as moral, economic, social and political factors that are relevant to C's situation.

Reasoning? L should not be deterred from giving candid advice however unpalatable to C.

Advocate

3.1:

Meritorious Claims & Contentions

Advocate

3.3:

Candor Toward the Tribunal

Rule? (1) L cannot make false statement to courts or fail to correct statement once error discovered; (2) L must affirmatively disclose directly adverse law in the controlling jurisdiction if the opponent d/n do it; (3) Prevent C from lying in court or correct the lying C or disclose if C is unwilling. (B) L has a duty to prevent not only false testimony, but also criminal and frauduent conduct in connection w/a case before the ct. (C) Rules continue till conclusion of proceeding and duty to correct overrides the duty of confidentiality.

Exception? If a lawyer reasonably believes, but is not certain, that E is false, the L "may" (or may not) refuse to offer the E. In a criminal case, the L must allow D to testify if the L reasonably believes but is not certain that E is false.

Advocate

3.6:

Trial Publicity

Rule? General prohibition against a L making statement that the L knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding. Rule applies only to L's who are, or who have been involved in the investigation or litigation of a case, including their associates.

Reasoning? There is great public value for informed commentary.

Exceptions? L may make a statement that a reasonable L would believe is req'd to protect a C from a substantial undue prejudicial effect of recent publicity not initiated by the L or the L's C in order to mitigate the recent adverse publicity.

Advocate

3.7:

Lawyer as a Witness

Rule? L cannot advocate if she is likely to be a W.

Reasoning? Combining roles of advocate and witness can prejudice the tribunal & the opposing party and can involve a conflict of interest btw L & C.

Exceptions? (1) Testimony relates to uncontested issues; (2) testimony relates to nature/value of legal services rendered; (3) without testimony, C's case suffers subst'l hardship; (4) Advocate allowed if another L from same firm is a W unless restricted under 1.7 or 1.9.

Advocate

3.9:

Advocate in Nonadjudicative Proceedings

Rule? When L appears b/f legislatures, municipal councils, executive & administrative agencies acting in a rule-making or policy-making capacities, L must disclose she is acting in a representative capacity.

Reasoning? Legs & administrative agencies have a right to expect that L's deal with them as they deal with Cts.

Exceptions? Rule d/n apply when L representing C in negotiation w/gov't agency, or in connection w/license app, or income-tax returns, or rep of a C in connection w/gov't investigators or examiners. These situations governed by rules 4.1 through 4.4.

Transactions w/Persons Other than Clients

4.1:

Truthfulness in Statements to Others

Rule? When rep a C, L shall not knowingly make a false statement of material fact or law to a 3rd p or withold material fact when disclosure necessary to avoid assisting a criminal or fraudulent act by a C.

Reasoning? L should be req'd to be truthful, but should not have an affirmative duty to help opposing party build his/her case.

Exceptions? L can withold info if restricted under 1.6 confidentiality rules & L doesn't know to what extent that material fact is being used.

Law Firms & Associations

5.1:

Responsibilities of Partners, Managers, and Supervisory Lawyers

Rule? Lawyers w/managorial authority shall make an effort to ensure everyone in firm conforms to MRPR by establishing policies/procedures appropriate to LF structure and nature of practice. All Ls with supervisory authority at LF must make effort to ensure direct subordinates comply with rules. L will be responsible for another L's misconduct if L ordered/corrected behavior or knew of conduct and consequences could have been avoided or mitigated and L failed to take reasonable remedial action.

Reasoning? Leaders must LEAD by example!

Exceptions? Whether a L is civilly or criminally liable for another L's conduct is a question of law beyond the scope of this rule. This rule d/n alter the personal duty of each L in a firm to abide by MRPR.

Law Firms & Associations

5.2:

Responsibilities of a Subordinate Lawyer

Rule? L bound by MRPR even though following orders.

Reasoning? Take responsibility for actions!

Exception? Rule only applies if L knows she is doing something wrong.

Law Firms & Associations

5.3:

Responsibilities regarding NonLawyer Assts

Rule? Ls w/managorial authority & supervisory roles at LF must make reasonable effort to establish internal policies & procedures designed to provide reasonable assurance that nonlawyers in the LF will act compatible with MRPR. L responsible for nonlawyers conduct if L orders or knows of conduct and ratified conduct involved; or knew conduct could be avoided or mitigated and failed to take reasonable remedial action.

Reason? Nonlawyers work for lawyers, but do not know the rules.

Law Firms & Associations

5.4a:

Professional Independence of a Lawyer: Legal FEES

Definition? Splitting fees w/non-lawyers not allowed.

Reason? Protect L's independent judgment from pressure by non-L.

Exception? Can K to have $ pass in estate to non-L or L can buy practice of deceased from non-L or non-lawyer can receive compensation or retirement plan even though plan is based in whole or in part on a profit-sharing arrangment.

Law Firms & Associations

5.4(b):

Professional Independance of a Lawyer: Partnerships

Definition? L shall not form a partnership w/non-L if any of the activities of the partnership consist of the practice of law.

Reasoning? Protect L's reasoning from providing legal advice.

Law Firms & Associations

5.4(c):

Professional Independance of a Lawyer: Recommendations

Definition? L shall not permit a person who recommends, employs, or pays the L to render legal services for another to direct or regulate the L's professional judgment in rendering such legal advice.

Reasoning? Protect L's decision-making.

Law Firms & Associations

5.4(d):

Professional Independance of a Lawyer: Where you can't work

Public Service

6.4:

Law Reform Activities Affecting Client Interests

Rule? L may be a leader in a law reform org even though reform may affect interests of a C. When L knows C's interests may be materially benefitted by a decision in which L participates in at org, L shall disclose that face but d/n need to identify C.

Reasoning? Want to encourage L participation in orgs.

Public Service

6.5:

NonProfit & Court-Annexed Limited Legal Services Programs

Rule? L can provide short-term legal services in non-for-profit, court designed programs w/C's informed consent. All client-relationship rules apply but there is no expectation that L's rep of C will continue & conflict of interest rules loosen. 

Reasoning? Such programs normally operate under circumstances in which it is not feasible for a L to systematically screen for conflicts of interest as generally required.

Exceptions? L knows @ conflict, use rule 1.7  or 1.9(a) or L knows that another L in LF is disqualified, use rule 1.10 or 1.9(a).

Information about Legal Services

7.2:

Advertising

Rule? L may advertise services assuming she d/n make a false or misleading claim and is not a direct solicitation, & ad includes name & office of at least 1 L or LF responsible for content

Reasoning? To assist the public in obtaining legal services that are neither misleading or overreaching.

Exceptions? Cannot pay or give anything of value to a person for recommending L's services unless it is: (1) $ associated with ad, (2) usual charges of a legal service plan, (3) $ for law practice, or (4) part of an appropriate reciprocal referral agmt that is not exclusive & disclosed.

Information about Legal Services 

Rule 7.6:

Political Contributions to Obtain Government Legal Engagements or Appointments by Judges

Rule? A L or LF or PAC shall not accept a case appointed by a judge if the L or LF makes a political gift, subscription, loan, advance, or deposit of anything of value or solicits these types of political contributions for the purpose of obtaining or being considered for that type of job.

Reasoning? L must be selected on basis of competency & merit. Otherwise, integrity of profession undermined.

Exceptions? (a) substantially uncompensated services, (b) engagements or appointments made on the basis of experience, expertise, professional qualifications and cost following a request for proposal or other process that is free from influence based upon political contributions; and (c) engagements or appointments made on a rotational basis from a list compiled w/out regard to political contributions.

Maintaining the Integrity of the Profession

8.1:

Bar Admission & Disciplinary Matters

Rule? Anyone seeking bar admission cannot make material false statement or fail to disclose a material statement or to correct a misapprehension by bar committee or fail to correct prior mistatement.

Reasoning? Integrity of profession!

Exceptions? Rule subject to 5th amendment of Constitution, so you can rely on it if you do so openly.

Maintaining the Integrity of the Profession

8.3:

Reporting Professional Misconduct

Rule? L must report another L's or judge's conduct that raises a substantial question as to that L's honesty, trustworthiness, or fitness as a L in other respects.

Substantial refers to the seriousness of the possible offense & not to the quantum of E of which the lawyer is aware.

Reasoning? Integrity of profession!

Exceptions? Subject to exceptions under 1.6 confidentiality rules. No obligation if L or J participating in approved lawyer assistance program.

Maintaining Integrity of Profession

8.4:

Misconduct

Rule? Don't violate MRPR; commit a criminal act that reflects on L's honesty, trustworthiness, or fitness, engage in conduct involving dishonesty, fraud, deceit or misrepresentation, be bias or prejudicial, abuse public office stature or position of power, help a judge or anyone else misbehave.

Client's Rights: Discharge

Rule: Client can discharge L at any time, with or w/out cause, subject to liability for payment for the L's services.

Reason? Ls provide a service!

Exceptions? C's rights to discharge ct appointed attorney may be limited by applicable law. A C w/severely diminished capacity may lack legal capacity to discharge L.

Terminology

Belief

Attorney-Client Privilege

Body of law that protects lawyers and clients from being compelled to reveal private lawyer-client communications in which legal advice was sought or given. Lawyers usually don't invoke this priviledge unless the gov't or a party to litigation asks for information about the L-C communication.

People v. Belge: Issue was whether Belge was excused from reporting the location of the bodies by either ethical duty of confidentiality or the attorney-client priviledge. Sup. Ct held that C has a 5th amendment right not to self-incriminate himself and the attorney-client priviledge shields the D's attorney from D's actions that would otherwise violate Public Health law.

Terminology

Confirmed in writing

Terminology

Firm or Law Firm

Terminology

Fraud/Fraudulent

Terminology

Informed consent

Terminology

Knowingly/Known/Knows

Terminology

"Reasonable/Reasonably"

Terminology

"Reasonable belief"

Terminology

Screened

Is it the "same matter" as the previous one?

If not, is it "substantially related" to the previous one?

When is there a "substantial relationship" between one matter and another?

1) Conclude no conflict & proceed w/out consent

2) Conclude there is conflict & tell new client that L/LF cannot accept the matter.

3) Disclose problem to FC and ask for consent.

ABA MCJC: 2.2: Judicial Conduct

ABA MCJC: 3.6: Judicial Affiliation w/Discriminatory Orgs

Rule? (A) J shall not be member of any org that practices any sort of ILL WILL discrimination; (B) J shall not use benefits or facilities of org if J KNOWS or SHOULD KNOW that the org practices in discriminatory behavior.

Exception? J  can appear ONCE at an event of such org when it could not reasonably be perceived as an endorsement of the org's practices.

ABA MCJC: 2.9: Judge & Ex Parte Communications

Rule? J prohibited from initiating, permitting, or considering communications about a pending (or about to be filed) matter by the parties or their lawyers, unless all relevant parties or their lawyers are present.

Reasoning? J has a duty to consider only the E presented and any facts that may properly be judicially noticed.

Exceptions? (1) Admin matters where substance of matter not addressed, J notifies other party and given chance to respond; (2) Can get written advice from disinterested expert as long as Ls get advance notice and chance to reject; (3) Can consult w/other J, Court staff/officials a/l/a J avoids getting factual info that is not part of the record; (4) Meet separately w/parties at other party's consent when trying to settle matter; (5) Ex parte allowed by law w/r/t therapeutic/mental health/drug courts where J has more interactive role.

ABA MCJC: 2.11: Judge & Conflict of Interest

Rule? J shall disqualify himself or herself in any proceeding in which the J's impartiality might reasonably be questioned. Objective standard.

J's defense: "Excused ignorance"

ABA MCJC: 4.4(b)(1): Judge & Campaign Contributions

What are the differences between

Rule 3.1 and FRCP 11?

Sanctions>

3.1: bar disciplinary action

11: state judge civil action resulting in nonmonetary directives or monetary sanctions

Safe Harbor>

3.1: none

11: L may withdraw the allegedly frivolous pleading w/in 21 days after opposing counsel's motion and suffer no sanction other than having to pay the attorney's motion fees

Advocate

3.4(a):

Fairness to Opposing Party and Counsel

Rule? L cannot unlawfully alter, destroy or conceal a doc or other material having pot'l E value or assist another person to do it.

"Unlawful" not defined in MRPR - dedided by state law - but generally a violation if L has obligation to disclose E

Advocate

3.4(b):

Fairness to Opposing Party and Counsel

Rule? L c/n falsify E or counsel a W to testify falsely or to pay a W any $ for testifying or pay expert W a contingency fee

Exception: Allowed to pay factual W for their time and for providing evidence; Prosecutors are allowed to offer $ in order to get that testimony

3.4(d):

Fairness to Opposing Party and Counsel

Rule? L cannot make frivolous discovery requests or cannot avoid discovery requests that are legitimate

Exception: Can specify what you don't want to give with reason and writing and give Ct opp to respond

3.4(e):

Fairness to Opposing Party and Counsel

3.4(f):

Fairness to Opposing Party and Counsel

Rule? L cannot request person other than a client to refrain from voluntarily giving relevant info to another party.

Exceptions: You can ask close relative or employee or other agent of lawyer and believe that client will be harmed, then, you can ask that person to hold their tongue as well.