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.
-Decline rep
-Become comp quickly
-Associate a comp counsel
-Emergency OK - no more than necessary under circumstances. |
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Term
| MR 1.2(a) Scope of Representation and Allocation of Authority between Client and Lawyer |
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Definition
| Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of the representation and, as required by Rule 1.4, 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 impliedly authorized to carry out the rep. A lawyer SHALL abide by the 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 wether the client will testify. |
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Term
| MR 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, social, or moral views or activities. |
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Term
| MR 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 limitation is reasonable under the circumstances and the client gives informed consent. |
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Term
| MR 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, scope, meaning, or application 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.
- Carrying through the rep or terminated.
- Diligence = Zeal and Dedication, and completion of the work.
-Promptness - efficiently without unreasonable delay |
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Term
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Definition
(a) a lawyer SHALL:
(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in MR 1.0(e), is required by these Rules;
(2)reasonable 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 the reasonable requests for information; and
(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.
(b) 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 reveal information relating to the representation of the client, and MAY (NOT REQUIRED) disclose information where the client gives informed consent (1.0e), or the disclosure is impliedly authorized, or to the extent necessary to prevent reasonably certain death or bodily harm, to prevent the client from committing a crime fraud that is reasonably certain to cause financial injury to another, to prevent financial or property harm as a result of a client's fraud, to secure legal advice about the rules, or to establish a claim or defense, or comply with a law. |
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Term
| MR. 1.16 Declining or Terminating Representation |
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Definition
| A lawyer SHALL not represent a client, or withdrawal from representation when the representation will violate the rules of professional conduct, the mental or pyscial condition of the lawyer impares the lawyer's ability, or discharged, the withdrawl can be accomplished without material or adverse effect on the client's interests, client criminal or fruadulent behavior, uses laywer to commit crime or fraud, repugnant action or fundamental disagreement, client fails to substantially fulfill an obligation to lawyer, financial burden, other good cause. The lawyer must comply with applicable law of a tribuneral and take steps to protect client's interest. |
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Term
| MR 3.4(a) Fairness to Opposing Party and Counsel |
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Definition
| A lawyer SHALL not unlawfully obstruct another party's access to evidence or alter or destroy evidence, or counsel another to do such act. |
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Term
| MR 3.7(a) Lawyer as Witness |
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Definition
| A lawyer SHALL not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless the testimony relates to an uncontested issue, testimony relates to the nature and value of the lawyer's leagal serices, disqulification would work a substantial hardship on the client. |
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Term
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Definition
| It is professional misconduct for a lawyer to violate or attempt to violate the rules of professional conduct, or induce another to do so, commit a criminal act that reflects adversely on the lawyer's honesty, trustworthness, or fitness, engage in fraudulent or deceit, or misrepresentation, prejudicial, state or imply an ability to influence a government agency, and knowingly assist a judge or judicial officer in violating applicable rules. |
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Term
| MR 1.8 Conflict of Interest - Current Clients |
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Definition
A L SHALL not enter into a business transaction with a client or enter a business deal unless:
-the transaction and terms are fair
-the client is advised in writing
-the client gives informed consent
-SHALL not use information against client unless client consents
-SHALL not solicit a gift
-SHALL not make a media deal prior to representation end
-SHALL not provide financial assistance except when it is a reimbursement of costs, indigent client, informed consent.
-SHALL not accept payment by a third-party unless consent, no interference, does not violate 1.6
-TWO or more clients, no agg settlement
-Cannot limit malpractice
-Gain a proprietary interest in matter unless for lien, contingent fee
- NO Sex |
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Term
| MR 4.2 Communication with represented client |
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Definition
| A L shall not communicate with a client represented by another counsel unless the L has consent from the other counsel. |
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Term
| MR 4.2(b)4 Withdrawal due to repugnant client. |
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Definition
| A L may withdraw from a client if the L finds the course of action proposed by client as repugnant or there is a fundamental disagreement. |
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Term
| MR 4.2(b)6 Withdrawal due to financial hardship. |
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Definition
| MR 1.16(b)6 A L may withdraw from a client if the L finds the course of action to be a unreasonable financial risk. |
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Term
| MR 1.16 Withdrawal due to violation of MR or law. |
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Definition
| MR 1.16(a)1 A L must withdraw from representation of a client if the representation will result in a violation of the rules of professional conduct or a law. However, L must protect client’s rights during the withdrawal as is reasonable.violation of the rules of professional conduct or a law. |
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Term
| MR 1.1 Continuing Education |
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Definition
| MR 1.1 Comment 6. A L Shall provide competent representation. L should keep abreast of current developments in the field of law for which the lawyer practices. |
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Term
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Definition
| MR 1.3 A L SHALL act with reasonable diligence and promptness in representing a client. |
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Term
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Definition
| MR 1.3 cmnt 4. Unless the relationship is terminated, a L should carry the case through to conclusion. |
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Term
| R 68 Attorney-client privilege |
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Definition
| The Attorney-client privilege may be invoked with respect to a communication, made between privileged persons, in confidence, for the purpose of obtaining or providing legal assistance. |
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Term
| **MR 7.1 Communication about L's Service |
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Definition
L SHALL not make a FALSE or MISLEADING communication about L or L's Services. F or M if:
- Material Misrepresentation of fact or law;
- Omits a fact necessary to make the statement as a whole not misleading
-- truthful statements that are misleading
-- leaves a person with an "unjustified expectations"
--unjustified endorsement
--unjustified comparison |
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Term
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Definition
L can advertise thought public media.
-L must not give anything of value except the cost of advertising. |
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Term
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Definition
No live in person contact for pecuniary gain and no relationship.
(b) client does not want to be solicited, or involves coercion.
-Material must be labeled "advertisement". |
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Term
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Definition
| Lost his voice - failure to disclose his condition. |
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Term
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Definition
| It is impermissible for a lawyer to file a frivolous claim, must be based in law and fact. |
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Term
| MR 3.5 Impartiality & Decorum |
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Definition
L SHALL not:
- seek to influence Judge, Juror, or official.
- Communicate ex parte
- Communicate with Juror after discharge if the com is prohibited, juror wants to be left alone, com involves misrep, coercion,
- engage in disruptive conduct |
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Term
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Definition
A L SHALL NOT request an unreasonable fee.
-Time
-L could have other work
- Customary fee
- amount and results
- time limitations
- Nature and length
- Experience
- fee is fixed or cont |
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Term
| MR 1.16 Declining or Terminating Representation - MUST Withdraw |
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Definition
| A L MUST withdraw from representation when discharged by client, L has a physical or mental condition that interferes with the L representing the client, continued representation will cause a violation of MR or law, sexual relations with client, that in CA would impair L's judgment. |
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Term
| MR 1.16 Declining or Terminating Representation - MAY |
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Definition
L MAY withdraw when it does not materially harm the client, undue financial burden on L, client acts against L's judgment, illegal acts, refuses to cooperate, repugnant or fundamental disagreement.
- MUST GIVE REASONABLE NOTICE |
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Term
| MR 1.16 Declining or Terminating Representation - TRIBE |
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Definition
| Must notify tribunal and remain if they deem it so absent a good reason for withdrawal. |
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Term
| MR 1.16 Declining or Terminating Representation - Protect |
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Definition
| L must take reasonable steps to protect client's interest. |
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Term
| MR 1.8(f) Conflict of Interest - Current Client - Accepting compensation from a third party |
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Definition
| A L SHALL not accept compensation from somebody other than the client unless the client is consulted and notified the identity of the payee, and the payment does not interfere with the L's judgment. |
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Term
| *MR 1.13 Organization as the client |
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Definition
A corp lawyer must act for the benefit of the corp, explain that to an employee of the corp that the corp and employee may adverse positions, L should advise of the conflict or potential conflict and that L cannot advise constituent, and advise constituent that they may want to obtain other counsel.
-Information between L and constituent may no longer be privileged.
- L can represent both if no violation of MR as to multiple client representations (1.7)
- If the L knows that the constituent intends to act in a way that is likely to result in substantial injury to the org,L must proceed as reasonably necessary in the best interest of the org. |
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Term
| MR 1.7 Conflict of Interests - SHALL NOT REP |
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Definition
| A L SHALL not represent a client where there is a concurrent conflict of interest where the representation of one client is directly adverse to another client, or where there is a risk that the L's representation will be limited by representation to a former client, third person, or a personal interest of the L. |
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Term
| *MR 1.7 Conflict of Interests - Lawyer and Client are ADVERSE |
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Definition
| A L SHALL not represent a client if the representation of that client maybe materially limited by the L's own interest, unless the L reasonably believes that the representation will not be adversely affected by the L's interests and the client consents after consultation. |
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Term
| *MR 1.8 Conflict of Interests: Current Clients - Lawyer and Client are ADVERSE |
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Definition
| A L MUST not use information relating to representation of a present or former client to the disadvantage of the client unless the client consents after consultation. |
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Term
| *MR 1.8(a) Conflict of Interests: Current Clients - Client Business Transactions |
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Definition
| A L MUST not enter into a business transaction with a client, acquire an ownership, possessory, security or other interest adverse to the client unless the transaction is fair and reasonable to the client, the terms are fully disclosed in a manner that the client can understand, client has an opportunity to consult with other counsel, and the client consents in writing. |
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Term
| *MR 1.8(e) Conflict of Interests: Current Clients - Financial Assistance |
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Definition
A L SHALL not provide financial assistance to a client in connection to a pending or contemplated litigation except for costs such as court costs, the repayment of which may be contingent on a successful outcome of the litigation.
- The L is permitted to pay the court costs and expenses for an indigent client.
- L MAY NOT obtain a proprietary interest in the subject matter of the litigation for which he represents the client. |
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Term
| *MR 1.7(a)(b) Conflict of Interest: Between Clients |
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Definition
A L MUST not represent a client where the representation will be directly adverse to another client, or be materially limited by the L's responsibilities to another client or by L's own interests, unless the L reasonably believes that the representation will not adversely affect other clients or be adversely affected by other interests and the client consents after consultation.
-OBJECTIVE test - if a disinterested L would conclude that the clients should not agree to the representation under the circumstances, then the involved L should not even ask for such agreement or provide representation on the basis of the client's consent.
- Client consent is subjective - mental state. RULE 1.6 may prevent all the facts from being disclosed in order make an informed consent. |
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Term
| *MR 1.7(a)(b) Conflict of Interest: NON Litigation - other matters |
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Definition
| To determine if there is a conflict the L must consider the functions being performed by the L, the duration and intimacy of the relationship with the involved client, the likelihood that a conflict will arise, and the extent prejudice will occur if a conflict arises. |
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Term
| *MR 1.9(a) Duties to Former clients: Present and Former Clients - adverse to a former client |
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Definition
A L who has formerly represented a client as to a matter must not thereafter represent another person in the same or substantially related matter in which the new clients interests are materially adverse to the former client unless the former client consents in writing.
- Direct involvement in a specific transaction followed by representation of a new client with adverse interests as to the same transaction is within the rule.
-Representation of a new client in a matter similar but wholly unrelated to a matter handled by a former client is not in the rule. |
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Term
| *MR 1.9(b) Duties to Former clients: Present and Former Clients - previous information. |
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Definition
| A L who has formerly represented a client MUST NOT use information relating to that representation to the disadvantage of the former client except when the information could otherwise be properly revealed under 1.6 or if the information has become generally known. |
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Term
| *1.11 Special Conflicts: Government - L was Gov employee |
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Definition
A L SHALL not represent a private party as to a matter in which that L participated personally and substantially as a public officer, unless the government agency consent in writing after consultation.
- SEE MATTER
- IF L IS DISQ - ANY L IS DIS UNLESS SCREENED, no FEE, GOV agency is notified. |
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Term
| *MR 1.8(f) Conflict of Interest: Current Clients - third-party payee |
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Definition
| A L SHALL not accept compensation from a one other than the client unless the client gives informed consent and there is no interference with the Ls independent judgment or the client-L relationship and confidential of information is preserved under 1.6. |
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Term
| **Confidences and Secrets |
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Definition
In a judicial proceeding where the L is a witness or called upon to produce evidence regarding the client, question of whether the L must disclose information is covered by the rules covering attorney-client privilege.
- In all other situations the rules of confidentiality apply.
-Attorney-client privilege rules determine when a L must disclose information.
-Rules of professional conduct determine when a L may Voluntarily disclose information. |
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Term
| **MR 1.0(e) Informed Disclosure |
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Definition
| Informed consent denotes the agreement to a course of conduct after the L has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. |
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Term
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Definition
A L must not make a false or misleading statement about the L or Ls services.-
- False or misleading - a material misrepresentation of law or fact or which omits a fact that taken as a whole makes the statement misleading. |
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Term
| *MR 1.8 Conflict of Interests: Current Clients - Payment by 3rd party |
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Definition
| A L SHALL not accept compensation from a person other than Client unless, the client gives informed consent, there is no interference with the L's judgment, and there is no violation of 1.6. |
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Term
| MR 4.3 Unrepresented persons |
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Definition
| A L in dealing with a person on behalf of the client shall state or imply the L is disinterested and SHALL not give legal advice other than the advice to secure counsel. |
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Term
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Definition
| A L SHALL not share legal fees with a non-lawyer. |
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Term
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Definition
| A lawyer may not be a party to an agreement that restricts his right to practice law, unless the restriction is part of a retirement benefits agreement, or is part of a valid agreement, authorized by the Model Rules, for the sale of a law practice |
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Term
| 8. Scope of Representation: Client authority |
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Definition
| The client has final authority over what plea to enter, whether or not to settle, whether or not to take the case to trial, whether or not to demand trial by jury, whether to appeal, etc. |
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Term
| Scope of Representation: Attorney authority |
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Definition
| The attorney has decision-making authority over legal strategies and tactics, for example, what witnesses to call and what order to call them in. |
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Term
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Definition
| Under the rules of professional responsibility, an attorney may not improperly reveal client confidences. |
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Term
| Attorney client privilege |
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Definition
| The attorney-client privilege covers all confidential communication between the attorney and the client. |
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Term
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Definition
| Information gained in the professional relationship that the client has requested by kept secret, or that would be embarrassing or detrimental if disclosed. |
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Term
| Client evidence - smoking gun |
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Definition
| Look don't touch. If you touch the evidence you must disclose the evidence. Don't tell the client what to do with the evidence. |
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Term
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Definition
| Must send client letter to approve transfer to new attorney or give file back. |
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Term
| Exceptions for breaking confidences |
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Definition
1. the client consents to disclosure, either expressly or impliedly;
2. disclosure is necessary to collect a fee or respond to charges of wrongful conduct; or
3. disclosure is necessary to prevent the client's criminal act that would be likely to result in death or substantial bodily harm. |
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Term
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Definition
| An attorney has a duty to not disclose confidences of a client forever. Confidences arise as oral communication during the attorney’s representation of client and include any material items discovered or observed by the attorney as a direct result of the client communication. |
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Term
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Definition
| An attorney has an affirmative duty to utilize the legal knowledge, skill, thoroughness and preparation reasonably necessary for representation |
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Term
| Attorney Client Privilege: |
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Definition
| The attorney-client privilege prevents compelled disclosure of confidential communication |
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Term
| Illegal Acts (Zealous rep): |
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Definition
| Lawyers must not counsel/assist client in an illegal act. |
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Term
| Non-contingency fee agreements: |
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Definition
| The model rules prefer non-contingency fee agreements be in writing. In CA non-contingency fee contracts over $1,000 must be in writing. |
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Term
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Definition
| As a general rule, when there is a potential conflict of interest, the attorney must disclose such in writing. |
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Term
| Conflict of interest - lawyer's interest: |
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Definition
| A lawyer must not represent a client if the representation of the that client may be materially limited by the lawyer's own interest, unless the lawyer reasonably believes there will be no adverse affect, and the client consents after consultation. |
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