communicating with a repped party; unreped persons etc

Question 1

4.3 communicating with repped party

Answer 1

Cannot communicate with a person the lawyer knows is represented, unless that
person’s counsel consents

doesnt matter who starts the convo, it will always be prohibted

Question 2

what is needed in order for the atty to violate the rule against communication of a reped party

Answer 2

Attorney knowledge required to violate the rule, can be inferred from the
circumstances

Question 3

what rule deals with un repped persons

Answer 3

4.3 go back and read it its short

Question 4

5.5 (a) unauthorized practice of law

Answer 4

A lawyer shall not practice law in a jurisdiction in which they are not authorized to do
so.

Question 5

what is the practice of law

Answer 5

state law controls

Question 6

what does 5.5 (b) say about establishing offices or other systematic practices of law

Answer 6

if you are not admitted to practice in the jurisdiction, you cant have an office/systamatic continuous presence OR hold out as being admitted to practice in that jurisdiction

Question 7

what is the 5.5 c exceptions for temporary practice

Answer 7

you can do it if

1. you associate with a lawyer who activly particpates in the matter
2. reasonbke expectation to be admitted pro hac vice
3. if there is some sort of alternative dispute resolution
4. or if there is another reasonbly related reason

Question 8

what is the rule about 5.5 d permanent practice dealing with in house counsel

Answer 8

dont have to be barred in state to be in house consel to that one client

must get pro hac vice if youre gonna litigate tho

Question 9

5.6 restrictions on the right to practice

Answer 9

L cannot make an agreement that restricts their ability to practice law

L cannot enter into a settlement agreement that restrict their right to
practice

Question 10

6.3: MEMBERSHIP IN LEGAL SERVICES ORGANIZATION

what is permitted?

Answer 10

permitted – L can serve as a director, officer or member of a legal services org even if
the org serves persons having interests adverse to the L’s client.

Question 11

6.3: MEMBERSHIP IN LEGAL SERVICES ORGANIZATION

what is not permitted

Answer 11

L cannot knowingly participate in a decision or action of the org that

causes a 1.7 conglict problem with current client

harm a cient of the org whose interests are adverse to L’s client

Question 12

6.4 law reform efforts

Answer 12

Lawyer can serve on the board of legal services org engaging in law reform
efforts, even if those efforts will affect lawyer’s clients.

But, if L’s client will benefit from these reform efforts, L lawyer shall disclose that
fact but need not identify the client

Question 13

what is misconduct under 8.4

Answer 13

(a) violating MR (or attempting to)

• (b) certain criminal acts
• (c) any conduct involving dishonesty, fraud, deceit, or misrepresentation
• (g) harass or discriminate on the basis of race, sex, etc. in conduct related to the practice
  of law