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Professional Responsibility > Article 1 Client-Lawyer Relationship > Flashcards

Article 1 Client-Lawyer Relationship Flashcards

1
Q

Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer

A

(a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client about the means to be use to reach the client’s objectives. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. Civil = settle; criminal case = plea, waive jury trial and testify.
(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s views and activities
(c) A lawyer may limit the scope of the representation if reasonable under the circumstances and the client gives informed consent.
(d) A lawyer shall not help with crime but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may help a client to determine the validity, scope, meaning or application of the law.

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2
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Rule 1.6(a) Confidentiality of Information

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(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, it is impliedly authorized or is permitted by paragraph (b).

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3
Q

Rule 1.13(a) Organization as Client

A

(a) A lawyer employed or retained by an organization represents the organization

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4
Q

Rule 1.14 Clients with Diminished Capasity

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(a) When a client’s capacity to make adequately considered decisions in connection with a representation is diminished, the lawyer shall maintain a normal client-lawyer relationship with the client.
(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial harm unless action is taken and cannot adequately act in the client’s own interest, the lawyer may take reasonably necessary protective action.
(c) Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When acting under (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client’s interests.

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5
Q

Tripartite Relationship - Insurer, Insured, Attorney

A

When hired by an insurance company, the attorney may represent the insured, insurer or both. Most insurers write contracts stating that the insurer controls the defense. If a lawyer is hired by an insurer to defend an insured, the lawyer must not assume the insured read and understood the contract. Rather, he must notify the insured of the limited scope of his representation.

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6
Q

Rule 1.5(a) Fees

A

(a) A lawyer shall not have an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.

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7
Q

Rule 1.15(a) Safekeeping Property

A

(a) A lawyer shall hold property of clients or third persons separate from the lawyer’s own property. Funds and other property should be safeguarded. Complete records shall be kept by the lawyer and shall be preserved for [five years] after termination

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8
Q

Rule 1.16(a) Declining or Terminating Representation

A

(a) Except as stated in paragraph (c), a lawyer shall not represent a client or shall withdraw from the representation of a client if:
(1) violation of the rules or other law;
(2) the lawyer’s ability to represent the client is impaired by health; or
(3) the lawyer is discharged.

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9
Q

Rule 1.1 Competence

A

A lawyer shall provide competent representation. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

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10
Q

Rule 1.3 Diligence

A

A lawyer shall act with reasonable diligence and promptness in representing a client.

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11
Q

Rule 1.4(a) Communication

A

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 Rule 1.0(e), is required by these Rules;
(2) reasonably 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 reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyer’s conduct when the client wants to do something wrong.

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12
Q

Rule 1.9(a) Duties to Former Clients

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(a) If a current or prospective client’s interests are materially adverse to a former client in the SSRM, the lawyer may not represent that client, unless the FC gives ICIW.

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13
Q

Rule 1.18(a) Duties to Prospective Client

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(a) PC = a person who consults with a lawyer

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14
Q

Rule 1.7 Conflict of Interest: Current Clients

A

No rep if concurrent conflict

cc = directly adverse or significant risk of material
limitation in rep

Except if

  • Lawyer believes he can provide competent and diligent rep to each
  • Rep is legal
  • Rep is not directly against another client in same litigation and
  • Each client gives ICIW
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15
Q

Federal Rule of Civil Procedure 44

A

(c) Inquiry Into Joint Representation.
(1) Joint Representation. Joint representation occurs when:

(A) two or more defendants have been charged jointly under Rule 8(b) or have been joined for trial under Rule 13; and

(B) the defendants are represented by the same counsel, or counsel who are associated in law practice.

(2) Court’s Responsibilities in Cases of Joint Representation. The court must promptly inquire about the propriety of joint representation and must personally advise each defendant of the right to the effective assistance of counsel, including separate representation. Unless there is good cause to believe that no conflict of interest is likely to arise, the court must take appropriate measures to protect each defendant’s right to counsel.

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16
Q

Trilemma

A

With regard to false statement to a tribunal, the responsibilities of an attorney require a delicate balance of three professional obligations: (1) the lawyer must learn as much about the client’s case as possible in order to be able to represent the client competently (Rule 1.1); (2) the lawyer must keep confidential any private information divulged by the client, with certain exceptions (Rule 1.6); and (3) the lawyer must not knowingly participate in a fraud on the tribunal (Rule 3.3).

3 trumps 1 and 2

Sahl, John P.. Professional Responsibility in Focus (Focus Casebook Series) (p. 368). Wolters Kluwer. Kindle Edition.

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17
Q

Rule 1.11(a) Special Conflicts of Interest for Former and Current Government Officers and Employees

A

(a) Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government:
(1) is subject to Rule 1.9(c); and
(2) shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation.

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18
Q

Rule 1.10(a) Imputation of Conflicts of Interest: General Rule

A

(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless
(1) the prohibition is based upon a personal interest of the disqualified lawyer or
(2) the prohibition is based upon Rule 1.9(a) or (b), and arises out of the disqualified lawyer’s association with a prior firm, and
(i) the disqualified lawyer is timely screened and gets no fee;
(ii) written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this Rule, which shall include

  • a description of the screening procedures employed;
  • a statement of the firm’s and of the screened lawyer’s compliance with these Rules;
  • a statement that review may be available before a tribunal; and
  • an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures; and

(iii) certifications of compliance with these Rules and with the screening procedures are provided to the former client by the screened lawyer and by a partner of the firm

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19
Q

Rule 1.10(b) Imputation of Conflicts of Interest: General Rule

A

(b) When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless
(1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and
(2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter.
(c) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7.
(d) The disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule 1.11.

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20
Q

Rule 1.10(c) Imputation of Conflicts of Interest: General Rule

A

(c) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7.

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21
Q

Rule 1.10(d) Imputation of Conflicts of Interest: General Rule

A

(d) The disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule 1.11.

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22
Q

Rule 1.12(a) Former Judge, Arbitrator, Mediator or Other Third-Party Neutral

A

a) Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing.

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23
Q

Rule 1.12(b) Former Judge, Arbitrator, Mediator or Other Third-Party Neutral

A

(b) A lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral. A lawyer serving as a law clerk to a judge or other adjudicative officer may negotiate for employment with a party or lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge or other adjudicative officer.

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24
Q

Rule 1.12(c) Former Judge, Arbitrator, Mediator or Other Third-Party Neutral

A

(c) If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless:
(1) the disqualified lawyer is timely screened and no fee; and
(2) written notice is promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this rule.

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25
Q

Rule 1.12(d) Former Judge, Arbitrator, Mediator or Other Third-Party Neutral

A

(d) An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party.

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26
Q

4 Types of Direct Adversity

A
  • Rep one client and suing them later in an unrelated matter
  • Cross-examining a current client for another current client
  • Rep a client in a transactional setting and then sue the client in an unrelated matter
  • Rep one client against the other in the same litigation (1.7(b)(3))
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27
Q

Substantially Related Under 1.9

A

same transaction or legal dispute or if there’s substantial risk that confidential info normally obtained in prior rep would help the PC or current client in the matter

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28
Q

Conflict Analysis

A
  1. ID Client - who’s at risk and in what matter of rep
  2. Decide if there’s a conflict - consider loyalty, independence/impartiality, confidentiality, integrity of the justice system
  3. If there’s a conflict, is it consentable?/
  4. Will each client consent in wrting?
29
Q

Rule 1.17 Sale of Law Practice

A

A lawyer or firm may sell or buy a law practice, or area of practice, if

(a) the seller has stopped his private practice or stopped practicing in an area or law
(b) the entire practice is sold to one or more lawyers or law firms
(c) the seller informs each of his clients about
(1) the proposed sale
(2) the client’s rights to retain the rep or get her file and
(3) that her consent to transfer her file to the new lawyer/firm is presumed if the client doesn’t object within 90 of receiving the notice

If the client can’t be given notice, the only way her files can be transferred to the new firm is by court order. The seller may only show the judge the least amount of info needed for him to make the order.

(d) the fees charged to clients can’t increase because of the sale

30
Q

Rule 1.8(a) Conflict of Interest: Current Clients: Specific Rules

A

(a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless:
(1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and
(3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.

31
Q

Rule 1.8(b) Conflict of Interest: Current Clients: Specific Rules

A

(b) A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required required by these Rules.

32
Q

Rule 1.8(c) Conflict of Interest: Current Clients: Specific Rules

A

(c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.

33
Q

Rule 1.8(d) Conflict of Interest: Current Clients: Specific Rules

A

(d) Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.

34
Q

Rule 1.8(e) Conflict of Interest: Current Clients: Specific Rules

A

(e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:
(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and
(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.

35
Q

Rule 1.8(f) Conflict of Interest: Current Clients: Specific Rules

A

(f) A lawyer shall not accept compensation for representing a client from one other than the client unless:
(1) the client gives informed consent;
(2) there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship; and
(3) information relating to representation of a client is protected as required by Rule 1.6.

36
Q

Rule 1.8(g) Conflict of Interest: Current Clients: Specific Rules

A

(g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. The lawyer’s disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement.

37
Q

Rule 1.8(h) Conflict of Interest: Current Clients: Specific Rules

A

(h) A lawyer shall not:
(1) make an agreement prospectively limiting the lawyer’s liability to a client for malpractice unless the client is independently represented in making the agreement; or
(2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel in connection therewith.

38
Q

Rule 1.8(i) Conflict of Interest: Current Clients: Specific Rules

A

(i) A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may:
(1) acquire a lien authorized by law to secure the lawyer’s fee or expenses; and
(2) contract with a client for a reasonable contingent fee in a civil case.

39
Q

Rule 1.8(j) Conflict of Interest: Current Clients: Specific Rules

A

(j) A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.

40
Q

Rule 1.8(k) Conflict of Interest: Current Clients: Specific Rules

A

(k) While lawyers are associated in a firm, a prohibition in the foregoing paragraphs (a) through (i) that applies to any one of them shall apply to all of them.

41
Q

Rule 1.6(b) Confidentiality of Information

A

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client; or
(6) to comply with other law or a court order.
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client; or
(6) to comply with other law or a court order.

42
Q

Rule 1.6(c) Confidentiality of Information

A

(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

43
Q

Rule 1.13(b) Organization as Client

A

(b) A lawyer must do what is in the best interest of the organization if he knows that someone associated with the organization is doing or going to do something in a matter related to the representation that

  • violates of a legal obligation to the organization, or the law and
  • reasonably might be imputed to the organization, and
  • that will likely cause substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization. If it’s in the best interest of the organization, the lawyer shall refer the matter to higher authority in the organization, up to the highest authority that can act on behalf of the organization as determined by applicable law.

(c) Except as provided in Paragraph (d), if,
(1) the highest authority insists upon or fails to address in a timely and appropriate manner an action, or a refusal to act, that is clearly a violation of law, and
(2) the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization, then the lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure
(d) Paragraph (c) shall not apply with respect to information relating to a lawyer’s rep to investigate an alleged violation of law, or to defend the organization or someone in organization
(e) A lawyer who reasonably believes that he or she has been discharged or withdraws because of the lawyer’s actions under (b) or (c) shall tell the organization’s highest authority about it.
(f) In dealing with people in an organization’s, a lawyer shall explain that he reps the organization, not the person, when the lawyer knows or reasonably should know that the organization’s interests are adverse to the person’s, meaning any attorney-client privilege or confidentiality is owed to the organization
(g) A lawyer representing an organization may also represent anyone in the organization, subject to the provisions of Rule 1.7. If the organization’s consent to the dual representation is required by Rule 1.7, the consent shall be given by an appropriate official of the organization or by the shareholders.

44
Q

Rule 1.13(c) Organization as Client

A

(c) Except as provided in Paragraph (d), if,
(1) the highest authority insists upon or fails to address in a timely and appropriate manner an action, or a refusal to act, that is clearly a violation of law, and
(2) the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization, then the lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure
(d) Paragraph (c) shall not apply with respect to information relating to a lawyer’s rep to investigate an alleged violation of law, or to defend the organization or someone in organization
(e) A lawyer who reasonably believes that he or she has been discharged or withdraws because of the lawyer’s actions under (b) or (c) shall tell the organization’s highest authority about it.
(f) In dealing with people in an organization’s, a lawyer shall explain that he reps the organization, not the person, when the lawyer knows or reasonably should know that the organization’s interests are adverse to the person’s, meaning any attorney-client privilege or confidentiality is owed to the organization
(g) A lawyer representing an organization may also represent anyone in the organization, subject to the provisions of Rule 1.7. If the organization’s consent to the dual representation is required by Rule 1.7, the consent shall be given by an appropriate official of the organization or by the shareholders.

45
Q

Rule 1.13(d) Oganization as Client

A

(d) Paragraph (c) shall not apply with respect to information relating to a lawyer’s rep to investigate an alleged violation of law, or to defend the organization or someone in organization

46
Q

Rule 1.13(e) Organization as Client

A

(e) A lawyer who reasonably believes that he or she has been discharged or withdraws because of the lawyer’s actions under (b) or (c) shall tell the organization’s highest authority about it.

47
Q

Rule 1.13(f) Organization as Client

A

(f) In dealing with people in an organization’s, a lawyer shall explain that he reps the organization, not the person, when the lawyer knows or reasonably should know that the organization’s interests are adverse to the person’s, meaning any attorney-client privilege or confidentiality is owed to the organization

48
Q

Rule 1.13(g) Oganization as Client

A

(g) A lawyer representing an organization may also represent anyone in the organization, subject to the provisions of Rule 1.7. If the organization’s consent to the dual representation is required by Rule 1.7, the consent shall be given by an appropriate official of the organization or by the shareholders.

49
Q

Rule 1.5(b) Fees

A

(b) The scope of the representation and the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes shall also be communicated to the client.

50
Q

Rule 1.5(c) Fees

A

(c) A fee may be contingent on the outcome of the matter, except when prohibited by paragraph (d) or other law. It shall be in a writing signed by the client and shall state the method by which the fee is to be determined. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter.

51
Q

Rule 1.5(d) Fees

A

(d) A lawyer shall not enter into an arrangement for, charge, or collect:
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
(2) a contingent fee for representing a defendant in a criminal case.

52
Q

Rule 1.5(e) Fees

A

ween lawyers who are not in the same firm may be made only if:

(1) it is proportional or each lawyer assumes joint responsibility for the representation;
(2) the client agrees to the arrangement and the agreement is confirmed in writing; and
(3) the total fee is reasonable.

53
Q

Rule 1.15(b) Safekeeping Property

A

(b) A lawyer may deposit the lawyer’s own funds in a client trust account for the sole purpose of paying bank service charges on that account

54
Q

Rule 1.15(c) Safekeeping Property

A

(c) A lawyer shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred.

55
Q

Rule 1.15(d) Safekeeping Property

A

(d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. A lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and shall promptly render a full accounting regarding such property.

56
Q

Rule 1.15(e) Safekeeping Property

A

(e) When a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute.

57
Q

Rule 1.15() Safekeeping Property

A

(a) A lawyer shall hold property of clients or third persons separate from the lawyer’s own property. Funds and other property should be safeguarded. Complete records shall be kept by the lawyer and shall be preserved for [five years] after termination ..
(b) A lawyer may deposit the lawyer’s own funds in a client trust account for the sole purpose of paying bank service charges on that account
(c) A lawyer shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred.
(d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. A lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and shall promptly render a full accounting regarding such property.
(e) When a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute.

58
Q

Rule 1.16(b) Declining or Terminating Representation

A

(b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if:
(1) it won’t cause a material adverse effect on the interests of the client;
(2) the cllient instists on action the lawyer reasonably believes is criminal or fraudulent;
(3) the client has used the lawyer’s services to perpetrate a crime or fraud;
(4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement;
(5) the client fails substantially to fulfill an obligation to the lawyer and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
(6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
(7) other good cause for withdrawal exists.

59
Q

Rule 1.16(c) Declining or Terminating Representation

A

(c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

60
Q

Rule 1.16(d) Declining or Terminating Representation

A

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests.

61
Q

Rule 1.4(b) Communication

A

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

62
Q

Rule 1.9(b) Duties to Former Clients

A

(b) A lawyer may not knowingly rep a new or current client in the SSRM as a client from his old firm if

  • The new or current client’s interests are MA to the FC and
  • The lawyer knows (actual knowledge) info about the FC that’s material to the matter and protected by 1.6 and 1.9(c)
63
Q

Rule 1.9(c) Duties to Former Clients

A

(c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:
(1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or
(2) reveal information relating to the representation except as these Rules would permit or require with respect to a client.

64
Q

Rule 1.18(b) Duties to Prospective Client

A

(b) Even if no rep, a lawyer may not use or reveal info from the PC except as allowed in 1.9

65
Q

Rule 1.18(c) Duties to Prospective Client

A

(c) A lawyer shall not rep a client whose interests are MA to a PC in the SSRM if the lawyer got info from the PC that could be significantly harmful to the client, except for d. If a lawyer is disqualified, so is his firm, except for d.

66
Q

Rule 1.18(d) Duties to Prospective Client

A

(d) Rep is allowed if

  • The affected client and PC give ICIW or
  • The disqualified lawyer got only as much disqualifying info from the PC as he needed to determine to rep the PC and
    • The lawyer is timely screened and gets no fee and
    • PC gets written notice promptly
67
Q

Rule 1.11(b) Special Conflicts of Interest for Former and Current Government Officers and Employees

A

(b) if you’re disqualified under (a), so is the firm unless the disqualified lawyer is screened, no fee and the affected client given written notice (but no consent is needed)

68
Q

Rule 1.11(c) Special Conflicts of Interest for Former and Current Government Officers and Employees

A

(c) Except as law may otherwise expressly permit, a former government employee may not rep a person against someone who the employee knows confidential government information about acquired when the he was a public officer or employee in a matter in he could use it to the material disadvantage of that person.

  • As used in this Rule, the term “confidential government information” means information under governmental authority and which, at the time this Rule is applied, the government 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.
  • A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom.
69
Q

Rule 1.11(d) Special Conflicts of Interest for Former and Current Government Officers and Employees

A

(d) Except as law may otherwise expressly permit, a lawyer currently serving as a public officer or employee:
(1) is subject to Rules 1.7 and 1.9; and
(2) shall not:
(i) participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless the appropriate government agency gives its informed consent, confirmed in writing; or
(ii) negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by Rule 1.12(b) and subject to the conditions stated in Rule 1.12(b).

Professional Responsibility (9 decks)

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