ABA Rules

Question 1

Scope of Representation & Allocation of Authority Between Client & Lawyer
Two Features (2-Relationship & 2-Advice)

(Rule 1.2)

Answer 1

1. Relationship
   Client: Decides Objectives of Representation

Lawyer: Decides Means (requires Implied or Explicit Authority)

2. Advice
   - Cannot ADVISE or ASSIST client in criminal or fraudulent action
   - Can discuss legal consequences

Question 2

Client with Diminished Capacity
1 Guidelines & 1 Permission

(Rule 1.14)

Answer 2

1. Maintain as normal a relationship as possible

2. Lawyer may take Reasonably Necessary Protective Action

Question 3

3 Exceptions to Prohibition on Withdrawing from Representation

(Rule 1.16)

Answer 3

1. Representation = Violates Rules
2. Mental Impairment (Lawyer)
3. Lawyer is Discharged

Question 4

7 Permissive Withdraws from Representation

Rule 1.16

Answer 4

1. No Material Adverse Effect on Client’s Interests
2. Client Insists on Criminal or Fraudulent Conduct (requires Lawyer’s Reasonable Belief)
3. Lawyer’s Services used to Perpetrate Crime/Fraud
4. Fundamental Disagreement
5. Client’s Failure to Fulfill Obligation (upon Reasonable Warning)
6. Representation = Unreasonable Financial Burden on Lawyer or made Unreasonably Difficult by Client
7. Good Cause

Question 5

Duties to Prospective Clients

Rule 1.18

Answer 5

1. Confidential
2. Disqualification/Prohibition in representing someone with Interests Materially Adverse to Prospective

Exception Procedure
A. Consent, OR
B. Notice + Ethics Screen

Question 6

RELOCATE

Answer 6

Inadvertent Disclosure –> NOT a Waiver of Privilege

• May Investigate to determine applicability of Privilege
• NO FURTHER

Question 7

Creating Attorney-Client Relationship

Answer 7

Arises out of Solicited, Unsolicited, Fee, or Free Circumstances

Question 8

Competence & Diligence
3 Traits & Standard

(Rules 1.1 & 1.3)

Answer 8

1. Skill
2. Knowledge
3. Thoroughness (Diligence)

Reasonably Necessary for Representation

Question 9

Disciplinary Authority & Choice of Law
2 Notes

(Rule 8.5)

Answer 9

1. Subject to Discipline in State of Admission (Regardless of Where Conduct Occurs)
2. Law Applicable to the Locality

Question 10

Communications Concerning Lawyer’s Services
Two Prohibitions & 2 Definitions

(Rule 7.1)

Answer 10

No False or Misleading Communication

• Material Misrepresentation of Fact or Law
• Omission

Question 11

Advertising
Rule & 3 Exceptions & Michigan Note

(Rule 7.2)

Answer 11

Give Nothing of Value for Referral, Except:

1. Reasonable Ad Cost
2. Not-For-Profit Qualified Referral Service
3. Reciprocal Referral Agreement (Non Exclusive, Notice, & Name/Address Provided)

Michigan: Allows referral fee in and of itself (even without having worked).

Question 12

Solicitation of Clients
3 Prohibition Standards & 3 Exceptions

(Rule 7.3)

Answer 12

1. Prohibits Live (In Person, Telephone, etc.) Communication IF Significant Motive = Pecuniary
2. Harassment = Prohibited
3. “Advertisement” Disclaimer

Exceptions: If Person is:

• Lawyer
• Close/Prior Relationship
• Participation in Prepaid/Group Legal Services

Question 13

Solicitation of Clients
Group Legal Services
3 Requirements

(Rule 7.3)

Answer 13

1. Not Owned by Lawyer (using said services)

2. Direct Solicitations are for Persons NOT KNOWN to NEED legal services

Question 14

Misconduct
6 Instances

(Rule 8.4)

Answer 14

1. Violation of Rules = Misconduct
2. Criminal Act affecting Honesty, Trustworthiness or Fitness
3. Dishonesty, Fraud, or Deceit
4. Conduct Prejudicial to Administration of Justice
5. State/Imply Improper Ability to Influence Government
6. Assist Judge in a Violation