3.01 Principles of the Rules Flashcards
Purpose of the Rules
- Protect the Client / Public
- Guidance to Conflict Between Lawyer’s Many Roles
Structure / Analysis of Rules
Subordinate to Substantive Law
- Imperatives and Permissives
- Objective Requirements THEN Informed Consent
General Topics
General Principles Conflicts of Interest Lawyer as Counselor or Advisor Lawyer in Litigation Duties to Third Parties Organization of Professional Practice Special Rules for Pro-Bono Practice Lawyer Advertising and Marketing Admission and Discipline
Terminology
Knowingly, Known, or Knows Reasonable or Reasonably Reasonable Belief Fraud or Fraudulent Informed Consent Tribunal Writing or Written
What does it mean to be a lawyer?
Functionally, the practice of law relates to the rendition of services for others that call for the professional judgment of a lawyer. The essence of the professional judgment of a lawyer is his educated ability to relate the general body and philosophy of law to a specific legal problem of the client.
Roles of Lawyer
Agent NOT Tool of Clients- Represent Clients
- Officer in Legal System
- Third-Party Rule
- Public Citizen (Not Under Rules
- Pro Bono is Aspirational NOT Requirement)
State Licensing
- Must be authorized in each jurisdiction you practice in.
- Petitioning the Court for Admittance to the Lawyer Role
Burden is on the Lawyer / Education
Moral Character | Pattern of Law Breaking, Acts of Dishonesty or Disloyalty
- Burden is on the lawyer to ensure that they have the proper authorization
- Lawyers allowed to hire and SUPERVISE people not licensed to practice law.
SHALL NOT Practice in Jurisdiction in VIOLATION of the Regulation of Legal Profession in that Jurisdiction
“Lawyer NOT Admitted in Jurisdiction SHALL NOT:
Establish an Office or SYSTEMATIC Presence
Does NOT Require Physical Presence
- Hold Out to Public That Lawyer is “Admitted”
Lawyer Admitted in Any US Jurisdiction, MAY
“Provide Legal Services on a TEMPORARY Basis in Another Jurisdiction that-Undertaken in association with a lawyer who is admitted in that jurisdiction (Pro Se).
- Are in or reasonably related to pending or potential proceedings before a tribunal in another jurisdiction, if lawyer is authorized to appear in those proceedings (~ Pro Hac Vice)
- Are in or reasonably related to a pending or potential arbitration or other alternative dispute resolution in another jurisdiction OR
- Arise out of or are reasonably related to the lawyer practice where the lawyer is authorized to practice. Applies to geographic source of the dispute (Facts) Also applies to expertise in specific area (Laws)
NOTE, Systematic and Continuous Limitation “
Lawyer Admitted in a US Jurisdiction or Foreign Jurisdiction AND NOT Disbarred in Any (Must Actually Be a Lawyer), MAY
PERMANENTLY
- Provide legal services provided to lawyer
employer or organizational affiliates (e.g. in house counsel) and are not services for which the forum requires pro hac vice admission. OR
- Authorized by Federal or Other Law (i.e. exclusively work on patent, bankruptcy, immigration, etc.)
Rule 6.1 VOLUNTARY PRO BONO PUBLIC SERVICE
“50 HRS = Aspirational … Support Pro Bono Public Service Grounds”
Reality is that most poor and middle class people could not pay for even an ordinary civil defense.
Poor people often have complex legal lives, i.e. compliance with regulations to receive government benefits
DUTY? | Lawyer Monopoly on Services, Centrality of the Law, Moral Debt to Others, etc.Interest Earned on Client Trust Accounts
Advocate and Advisor
ADVOCATE = Retrospective, takes the facts as found and resolve doubts about the law in favor of the client.
ADVISOR = Prospective, Determines the likely outcomes and ultimate decisions courts are likely to reach. i.e. advise negation or settlement rather than litigation”
Shall exercise independent professional judgment and render candid advice
Do Not Tell Clients What They Want to Hear, Your Duty is OtherwiseLawyers Job is To Tell the Client the Hard TruthSometimes, for your own sake even, the Job is to Do It In Writing
May refer to more than the law, i.e. morality, public opinion, etc. > Technical Legal Advice
Who does the client owe a fiduciary duty?Who does the client love?Clientäó»s interest in satisfying the other person and moving on?Find the solution to the clientäó»s problem, the underlying problem as well as the immediate legal issue.
Shall Not assist in criminal or fraudulent conduct.
Does Not Preclude Honest Assessment of Consequences of Conduct BUT May NOT Continue Assisting Once Active / Ongoing Crime or Fraud Known
