Term
| Model Rule 8.3 (Reporting Professional Misconduct) |
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Definition
| Lawyer is obligated to report violations of rules of professional misconduct of another lawyer that raises "substantial" questions as to the lawyers trustworthiness or fitness. |
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Term
| Model Rule 5.3 (Responsibilities of Partners, Managers and Supervising Lawyers) |
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Definition
1. A lawyer in charge of another lawyer shall take reasonable measures to ensure other lawyer conforms to rules of conduct.
2. A lawyer shall be responsible for another lawyers professional conduct if:
a. The lawyer orders the conduct involved; or
b. Know of the other lawyers actions and fails to avoid or mitigate by taking reasonable measures. |
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Term
| Model Rule 5.2 (Responsibilities of a Subordinate Lawyer) |
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Definition
1. A lawyer is bound by the Model Rules regardless of acting at the direction of another.
2. A subordinate lawyer does not violate the MPRC if acting in accordance with supervisory lawyers direction under a reasonable resolution of professional duty. |
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Term
| Five C's of attorney/client relationship. |
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Definition
1. Control
2. Communication
3. Competence
4. Confidentiality
5. Conflicts |
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Term
| RLGL 14 (Formation of Client/Attorney Relationship) |
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Definition
1. Manifest of intent by person to be represented
2. Lawyer manifests consent to represent
3. Lawyer fails to manifest lack of consent and person reasonably relies on consent
4. Court appoints lawyer to represent person. |
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Term
| MRPC 6.2 (Accepting Appointments) |
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Definition
A lawyer can avoid appointment by court for:
1. Representation will result in model rule violation.
2. Likely to result in unreasonable financial burden on the lawyer.
3. Client's cause is so repugnant as to likely impair client/attorney relationship. |
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Term
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Definition
| States that a client is not accepted. |
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Term
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Definition
| States that a lawyer is accepting a person as a client, the scope of representation and arbitrates fees. |
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Term
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Definition
| States that a lawyer is no longer planning on representing client. |
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Term
| Model Rule 1.3 (Diligence) |
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Definition
| Lawyer must be diligent in representing clients. |
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Term
| Model Rule 1.3 (Diligence) |
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Definition
| Lawyer must be diligent in representing clients. |
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Term
| Model Rule 1.4 (Communication) |
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Definition
A lawyer must:
1. Promptly inform clients on decisions and changes in circumstances.
2. Reasonably consult with client about means of accomplishing goals.
3. Keep client reasonably informed.
4. Reasonably comply with requests for information.
5. Consult with clients about constraints on lawyers conduct when conflict with rules may occur. |
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Term
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Definition
| A lawyer must exercise independent professional judgment and render candid advice to clients. |
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Term
| Model Rule 1.6 (Confidentiality of Information) |
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Definition
A lawyer must not release client information without client's informed consent which consists of counseling of repercussions of consent.
Note: 1.6(1) authorizes the release of client information to prevent "certain death" or "substantial" bodily harm when no other option exists. 1.6(b)(2) authorizes the release of client information to mitigate or prevent "substantial" financial losses. 1.6(b)(4) authorizes limited release by attorney in the seeking of legal advice concerning the model rules. |
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Term
| Model Rule 8.4 (Misconduct) |
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Definition
| A lawyer may not engage in conduct involving dishonesty, fraud, deceit or misrepresentation. |
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Term
| Model Rule 1.1 (Competence) |
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Definition
| A lawyer is required to provide competent representation to clients that include legal knowledge, skill, thoroughness and preparation reasonably necessary for representation. |
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Term
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Definition
1. Duty - Must have formed client/attorney relationship.
2. Breach - Must have failed in or violated some duty to client.
3. Causation -
a. But for test; or
b. Proximate cause of harm.
4. Damage -
a. Actual and foreseeable; and
b. Possible emotional distress for
punitive damages. |
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Term
| Ineffective Assistance of Counsel |
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Definition
1. Assistance so defective as to require reversal of sentence in criminal case.
2. Performance was deficient under objective standard of reasonableness.
3. Deficiency was prejudicial to defense and deprived defendant of fair trial or prevented defendant access to the judicial system. |
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Term
| Results of Lawyer Misrepresentation |
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Definition
1. Criminal Liability
2. Visciation -
a. Voidance of contracts
b. Voidance of court judgements
3. Civil Liability |
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Term
| Lawyer Misrepresentation is: |
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Definition
1. False representation of and;
2. Failure to convey a material fact that is;
3. Known or should have reasonably been known to be false;
4. To induce another's actions and;
5. The inducement was reasonably relied upon. |
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Term
| Model Rule 3.3 (Candor Toward the Tribunal) |
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Definition
| A lawyer shall not knowingly make, or correct, a false statement of fact or law to a tribunal or third party. |
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Term
| Model Rule 2.3 (Evaluations For Use By Third Person) |
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Definition
| A lawyer may provide a legal evaluation to a client that may be utilized by a third party if the lawyer reasonably believes that making the evaluation is an aspect of the lawyer's relationship with the client (i.e. opinion letters). |
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Term
| Attorney client relationship exists in relation to: |
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Definition
1. Communications
2. Between privileged people
3. In confidence
4. For the purpose of obtaining or providing legal assistance |
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Term
| RLGL 59 (Confidential Client Information) |
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Definition
| Information that is generally known is not considered confidential client information. |
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Term
| Model Rule 1.18 (Duties to Prospective Clients) |
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Definition
| Even though no client/attorney relationship ensues, an attorney cannot use or reveal information learned in consultation with prospective client except in accordance with rule 1.9 in respect to information from a former client. |
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Term
| Model Rule 1.6 (Confidentiality Of Information) |
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Definition
| A lawyer may not release confidential information of clients without informed consent. |
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Term
| Elements of Confidentiality: |
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Definition
1. Communications
2. Between client/attorney (includes nonverbal)
3. Made in confidence
4. Requests legal advice |
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Term
| Model Rule 1.13 (Organization As Client) |
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Definition
1. A lawyer represents the organization not the specific employees.
2. A lawyer shall clarify the identity of the client when the organizations interests are adverse to those of the constituents.
3. A lawyer may represent agents of the organization subject to rule 1.7 (Conflicts of Interests).
Note: 1.13(b) allows the highest authority of the organization to act on behalf of the organization to include informed consent. |
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Term
| Model Rule 1.16 (Declining or Terminating Representation) |
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Definition
Requires the withdrawal of an attorney when representation violates the model rules of professional conduct, physical or mental disability that materially impairs representation or the attorney is discharged by the client.
Note: 1.16(b) allows an attorney to withdraw for the following reasons:
a. No adverse effect on the client's interest.
b. Client refusal to refrain from actions that are criminal or fraudulent and plans to use the attorney to complete the action.
3. Where use of the attorney is to perpetuate a fraud or crime.
4. Client views that the attorney finds repugnant and client/attorney fundamentally disagree on.
5. Client fails to fulfill obligations to the attorney after reasonable warnings that lawyer will withdraw.
6. Unreasonable financial burden to attorney.
7. Some other good causes may exist. |
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Term
| Model Rule 4.1 (Truthfulness in Statements to Others) |
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Definition
A lawyer may not make false statements of material fact or law to others or fail to disclose a material fact or law when disclosure is necessary to avoid assisting in a criminal act or fraud by client unless disclosure is prohibited under rule 1.6.
Note: Statements made in error are fine but attorney is required to correct. |
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Term
| Model Rule 8.4(Misconduct) |
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Definition
| It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation. |
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Term
| Model Rule 3.4(Fairness To Opposing Party and Counsel) |
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Definition
A lawyer shall not obstruct another party's access to evidence or unlawfully alter, destroy or conceal documents or other materials having evidentiary value or counsel others to do so.
Note: RLGL 119 authorizes an attorney to take and retain evidence for a time to subject it to examination and testing without altering or destroying it but must notify authorities and turn it into prosecuting authorities. |
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Term
| Model Rule 3.9 (Advocate in Nonjudicial Proceedings) |
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Definition
| A lawyer representing a client before a legislative or administrative body must comply with it as it would a tribunal. An agent of the agency is not considered the agency itself but rule 8.4 must still be complied with. |
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Term
| Model Rule 3.3(a)(2) (Candor Toward the Tribunal) |
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Definition
A lawyer shall not knowingly fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.
Note: 3.3(a)(3) prohibits a lawyer from offering evidence that he "knows" to be false. |
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Term
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Definition
| Allows the client to testify on their own behalf regardless if lawyer thinks the testimony will be false. However, the attorney has a duty to counsel the client on the adverse nature of false testimony and cannot assist in providing false testimony. |
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Term
| Steps in determining conflicts: |
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Definition
1. Identify Client
2. Determine if a conflict exists
3. Determine if conflict is consentable
4. If consent is an option, consult and counsel client to obtain informed consent. |
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Term
| Model Rule 1.7 (Conflict of Interest: Current Clients) |
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Definition
| A lawyer cannot represent a client if the representation involves a concurrent conflict of interest or is in direct conflict with another client's interest unless informed consent is received from all parties. |
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Term
| RLGL 6 (Judicial Remedies Available to Client or Non-Client For Lawyer Wrong) |
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Definition
1. Injunctive Relief - Requires attorney to perform certain acts.
2. Disqualification - Prohibition of attorney representing client.
3. Civil Liability - Lawyer is held financially responsible for violation of rules.
4. Dismissal of Action or Claim - Dismissal of litigants claim. |
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Term
| Model Rule 1.8 (Conflict of Interest: Current Clients: Specific Rules) |
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Definition
1. 1.8(a) prohibits attorney from entering into business transactions with clients unless given informed consent in writing after client counseling and prohibits solicitation of gifts from clients.
2. 1.8(d) prohibits attorney from negotiating from literary or media rights prior to conclusion of representation.
3. Rule 1.8(e)(1)&(2) allows attorney to pay client court costs.
4. Rule 1.i8(h)(1)&(2) prohibits attorney agreements to limit their malpractice liability unless client is represented by other counsel.
5. Rule 1.8(f) prohibits lawyer from accepting compensation from third parties unless informed consent is given and third party does not interfere with lawyer's relationship with client.
6. Rule 1.8(g) prohibits a lawyer that represents two or more clients from participating in making aggregate settlement of the claims of clients unless informed consent is given in writing. |
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Term
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Definition
| Prohibits employment of attorney may if employment impairs independent professional judgment. |
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Term
| RGLG 14 (Formation of a Client/Lawyer Relationship) |
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Definition
| In cases of lawyers employed by insurance companies, the insured are the lawyers clients when the client's interests conflict the insurance company. |
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Term
| DR 5-107 (Avoiding Influence by others Than the Client) |
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Definition
| Prohibits a person who recommends, employs, or pays the attorney to render services to another from directing or regulating his professional conduct. |
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Term
| RLGL 134 (Compensation or Direction of a Lawyer By a Third Party) |
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Definition
| Allows a non-lawyer who compensates a lawyer for his services to direct the representation if direction does not interfere with the lawyers professional judgment, is reasonable in scope and the client gives informed consent to the direction. |
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Term
| Rule 5.4(c)(Professional Independence of a Lawyer) |
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Definition
| Allows a non-lawyer that is compensating a lawyer to direct the representation as long as the direction does not interfere with the lawyers independent professional judgment. |
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Term
| Model Rule 2.4 (Lawyer Serving as Third-Party Neutral) |
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Definition
| A lawyer may serve as a neutral party when assisting two or more parties that are not clients in reaching a resolution between the parties but could not have acted as a lawyer for any of the parties. |
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Term
| RGLG 129 (Conflicts of Interest in Criminal Litigation) |
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Definition
| Prohibits dual representation of affected clients unless clients consent to dual representation. |
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Term
| RGLG 128 (Representing Clients with Conflicting Interests in Civil Litigation) |
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Definition
| A lawyer may represent numerous clients in civil litigation with the informed consent of both unless one client may assert a claim against another or it is reasonably likely that the attorney may not be able to provide adequate representation to one or more clients. |
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Term
| RGLG 130 (Multiple Representation in a Non-litigated Matter) |
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Definition
Dual representation of clients is allowed on a non-litigated matter if informed consent is provided by all parties.
Note: RLGL 75 states that communications provided in dual representation is not priveleged unless co-clients have agreed otherwise in subsequent proceedings. |
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Term
| Model Rule 1.10 (Imputation of Conflicts of Interest: General Rule) |
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Definition
| No lawyer of a firm is allowed to represent a client in which any one of them, practicing alone, is precluded from doing under conflict rules. |
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Term
| Model Rule 1.16 (Declining or Terminating Representation) |
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Definition
| Prohibits a lawyer from withdrawing from a current client to represent an adverse client to the current client's interest. |
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Term
| Model Rule 1.16 (Declining or Terminating Representation) |
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Definition
| Prohibits a lawyer from withdrawing from a current client to represent an adverse client to the current client's interest. |
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Term
| Model Rule 1.16 (Declining or Terminating Representation) |
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Definition
| Prohibits a lawyer from withdrawing from a current client to represent an adverse client to the current client's interest. |
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Term
| Model Rule 1.9 (Duties to Former Clients) |
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Definition
| Prohibits the representation of a client with materially adverse interests to a past client unless informed consent is granted by both past and current client. |
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Term
| Model Rule 1.12 (Former Judge, Arbitrator, Mediator or Other Third-Party Neutral) |
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Definition
| The representation of a client after mediation shall not be represented by the lawyer in a connected matter that the lawyer personally participated in unless informed consent is granted by al parties. |
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Term
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Definition
A lawyer is prohibited from making arrangements for, charge or collect unreasonable fees unless the type of billing would occur the say way with a regular reasonable client at the same basic rate and the billing is understood by the client in writing.
Note: Rule 1.5(a) requires an attorney fees to be reasonable in relation to the work performed but other factors may be taken into consideration to assess the reasonableness of the fee or rate. |
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Term
| Model Rule 1.15 (Safekeeping Property) |
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Definition
| Client property must be placed in trust by attorney and protected until completion or termination of representation. |
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Term
| Model Rule 1.16 (Declining or Terminating Representation) |
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Definition
An attorney must take reasonable steps to protect a client's interest by:
1. Giving reasonable notice
2. Allowing time for employment of another attorney
3. Surrendering papers and property of client
4. Return of fees or refunding advance payments not yet earned
Note: An attorney may retain documents and papers relating to the representation to the point permitted by law. |
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Term
| Model Rule 4.2 (Communication With Person Represented By Counsel) |
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Definition
| Prohibits an attorney from communicating with a party that the attorney knows is represented by counsel in the matter unless the party's attorney has consented and authorized the contact or a court ordered is issued. A lawyer communicating with an unrepresented party must let the party know when the attorney is not a disinterested party. |
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Term
| Model Rule 3.5 (Impartiality and Decorum of the Tribunal) |
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Definition
A lawyer shall not communicate with a juror or prospective juror after discharge of the jury if:
1. The communications are prohibited by law
2. The jury member makes it known to the lawyer the desire not to be contacted
3. The communications from the lawyer involves misrepresentations, coercion, duress or harassment.
Note: MCDR 7-110 (Contact With Officials) prevents communications with judges or jurors during court proceedings but no prohibition exists for communications after the proceedings except as stipulated in the rules. |
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Term
| Model Rule 3.7 (Lawyer As Witnesses) |
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Definition
A lawyer shall not act as an advocate during a trial where the lawyer is likely to be a necessary witness unless:
1. The testimony is on an uncontested issue
2. Testimony relates to the nature and value of the lawyers previous services
3. Disqualification of the lawyer would be an undue hardship on the client.
Note: Rule 3.7(b) allows a lawyer to act as an advocate when another lawyer in the firm is likely to be called as a witness unless there is a conflict of interest. |
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Term
| Model Rule 7.2 (Advertising) |
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Definition
Rule 7.2(a): A lawyer may advertise through written, recorded or electronic communications to include public media.
Rule 7.2(b): Requires the nonexclusive reciprocal referral agreement with client being informed of the existence and nature of the agreement. |
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Term
| Model Rule 5.4(b) (Professional Independence of a Lawyer) |
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Definition
| A lawyer shall not form a partnership with a non-lawyer if any of the activities or the partnership consist of the practice of law. |
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Term
| RLGL 3 (Jurisdictional Scope of the Practice of Law by the Lawyer) |
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Definition
Allows a lawyer to practice in a jurisdiction assisting a client if:
1. The lawyer can practice in the admitting jurisdiction
2. Before a tribunal or agency of another jurisdiction or federal government with temporary or regular admissions
3. In a jurisdiction not admitted to allowing to the extent that a lawyer's activities arise out of or are otherwise reasonably related to the lawyer's practice. |
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