Layman's rules Flashcards
1.1 Competence
Lawyer must be competent (skilled and prepared)
1.2 Scope of Representation and Allocation of Authority
Lawyer must pursue client’s decisions
Lawyer does not necessarily endorse client
Lawyer can limit the scope of representation with consent
Lawyer can’t tell a client to do crime or fraud
1.3 Diligence
Lawyer must act promptly and be committed
Lawyer must carry matters through until representation is terminated
1.4 Communication
Lawyer must inform client about what’s going on
Lawyer must respond to requests for information
1.5 Fees
Lawyer can’t charge unreasonable fees or expenses
Lawyer must communicate fees and changes to client
Contingent fees must later be itemized and can’t be charged in a domestic relations matter or for a criminal defendant
Advance payments must be refundable to the extent they were not earned
Fees can only be split between different firms in certain circumstances
1.6 Confidentiality of Information (current clients)
Lawyer can’t reveal information related to representation without consent,
or to prevent serious harm, prevent fraud or a crime, comply with law, etc.
Lawyer must take reasonable efforts to prevent disclosure or access to information
1.7 Conflicts of Interest (current clients, general rule)
Lawyer can’t represent a client adverse to another client or whose representation will be harmed by a client or personal interest.
1.8 Conflicts of Interest (current clients, specific rules)
A lawyer can’t usually:
do business with a client
acquire ownership interest adverse to a client
use information from a case to disadvantage a client
solicit or prepare a gift to themselves from the client
get an agreement for media rights on the case
provide financial assistance to a client
take payment for a case from someone other than the client
make an aggregate settlement
prospectively limit their own malpractice liability or settle a malpractice issue
acquire property interest in a matter in a case
have sex with a client
Conflicts are imputed
1.9 Duties to Former Clients
Lawyer can’t represent someone adverse to a former client (or their old firm’s clients)
Lawyer can’t use info they got from a former client’s case to disadvantage that client
1.10 Imputations of Conflicts of Interest (general rule)
Lawyers can’t represent a client when an associated lawyer couldn’t
A firm can represent someone adverse to a former client of a lawyer who isn’t at the firm anymore
Disqualification can be waived and is not the same for government lawyers
1.11 Conflicts of Interest for Former and Current Government Officers and Employees
A lawyer who used to be a public employee is subject to 1.9 duties to former clients and can’t participate in a matter they had a substantial role in as a public employee
A lawyer who knows confidential info they got as a government employee which might materially disadvantage a client, can’t represent that client.
Lawyers who are public employees (except law clerks) can’t negotiate for employment with someone involved in a matter
Conflicts are imputed
1.12 Former judge, arbitrator, mediator, or other third-party neutrals
A lawyer can’t participate in a matter they had a substantial role in as a neutral
Lawyers who used to be neutrals (except law clerks) can’t negotiate for employment with someone involved in a matter
Conflicts are imputed
1.13 Organization as Client
Lawyer must act in best interest of an organization, and can reveal confidential information as necessary to protect the best interest
Lawyer can’t represent a constituent of an org whose interests are adverse to the org, but can represent other constituents
1.14 Client with Diminished Capacity
Lawyer must let client make decisions even when they have diminished capacity, unless they’re at risk of substantial harm and can’t act on their own behalf in which case a lawyer can take limited protective action
1.15 Safekeeping Property
Lawyer must keep others’ property separate from their own, and keep records of it.
Advance fees must go in a trust.
Lawyer must keep safe and return property when appropriate
Lawyer must keep property separate and safe if it is in dispute
1.16 Declining or Terminating Representation
Lawyer cannot represent a client if it would violate ethics or law, or if they can’t represent the client competently and diligently, or if they’re fired
A lawyer can withdraw from representation for good cause, but must still protect client’s interest (give them a chance to find other counsel, return documents, etc.)
1.17 Sale of Law Practice
A lawyer or firm can buy a law practice if the seller doesn’t practice law anymore. Clients must be informed and fees can’t be increased.
1.18 Duties to Prospective Clients
Lawyer must treat prospective clients as former clients with regard to info from them and can’t represent future clients adverse to them, or if info from the prospective client could be very harmful to a different client.
Conflicts are imputed.
2.1 Advisor
Lawyer must exercise independent professional judgment and give honest advice
2.3 Evaluation of a Matter for Use by Third Persons
Lawyer can tell someone an evaluation of a case as long as it doesn’t hurt client’s interests. The evaluation is protected under 1.6 confidentiality.
2.4 Lawyer Serving as Third-Party Neutral
Lawyer must explain that they’re not representing the parties when lawyer is serving as a neutral.
3.1 Meritorious Claims and Contentions
Lawyer can’t bring frivolous claims.
3.2 Expediting Litigation
Lawyer must not delay litigation.
3.3 Candor Toward the Tribunal
Lawyer can’t lie to a court or fail to disclose bad law
Lawyer has to tell the court if someone did/intends to do a crime or fraud in the proceeding
In ex parte proceedings a lawyer must tell the court of all material facts even bad ones
3.4 Fairness to Opposing Party and Counsel
Lawyer can’t obstruct, destroy, or falsify evidence, or ask someone not to give relevant information to a party
Lawyer can’t make frivolous discovery requests/refusals
Lawyer can’t give personal knowledge or opinions in court, or talk about irrelevant matters
Can’t pay witnesses for testifying
3.5 Impartiality and Decorum of the Tribunal
Lawyer can’t bribe judges, or communicate with them ex parte.
Lawyer can’t intentionally disrupt the court.
3.6 Trial Publicity
Lawyer (or their firm/agency) can’t make a public statement that will prejudice a proceeding, except for some basic facts about the case.
3.7 Lawyer as Witness
Lawyer can’t be an advocate where they’ll probably be a necessary witness unless that would be a big hardship on the client
This is not imputed
3.8 Special Responsibilities of a Prosecutor
Generally the prosecutor is supposed to not be a piece of shit
Must disclose evidence that would mitigate or disprove guilt
Can’t subpoena a lawyer for protected info
4.1 Truthfulness in Statements to Others
Lawyer can’t lie or lie by omission
4.2 Communication with Person Represented by Counsel
Lawyer can’t communicate about a case with someone they know is represented by another lawyer in that case
4.3 Dealing with an Unrepresented Person
When a lawyer talks on behalf of a client with someone who doesn’t have a lawyer, they can’t say or imply they’re not biased.
Also can’t give legal advice if it might conflict with client interests
4.4 Respect for Rights of Third Persons
A lawyer can’t do stuff just to fuck with a third person
A lawyer who receives something relating to their client that was probably sent by mistake must let the sender know
5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers
Partners and managers must make sure that their firm lawyers comply with ethics, and can be vicariously responsible for others’ violations
Supervising lawyers must make sure the lawyers they’re supervising comply with ethics, and can be vicariously responsible if the lawyer they supervise does misconduct
5.2 Responsibilities of a Subordinate Lawyer
It’s not an excuse if a lawyer violates ethics because someone told them to, unless it was their supervising lawyer who made a reasonable call that it was ok
5.3 Responsibilities Regarding Nonlawyer Assistance
Lawyers with managerial authority need to make sure nonlawyers working with them comply with lawyer ethics, and can be responsible for violations
Lawyers supervising non lawyers need to do the same, and can be held responsible for violations
5.4 Professional Independence of a Lawyer
Nonlawyers can’t be partners in or own/control law firms
Lawyer can’t let their judgment be swayed by third parties paying for others’ services
5.5 Unauthorized or Multijurisdictional Practice of Law
Lawyers can’t practice where they’re not allowed to, except they can provide temporary services in other jurisdictions when it’s appropriate to their case or practice
5.6 Restrictions on the Right to Practice
Lawyers can’t restrict a lawyer’s right to practice, except for retirement benefits agreements
6.1 Voluntary Pro Bono Public Service
Lawyer should do 50 pro bono hours per year
6.2 Accepting Appointments
Lawyer can only refuse an appointment to a client for good cause
7.1 Communication Concerning a Lawyer’s Services
A lawyer can’t lie about their services.
7.2 Advertising (non-targeted)
Lawyer can advertise as long as it’s not targeted, and has to keep records of ads
Lawyers has to write financing lawyer’s info on ads
These rules don’t apply to pro bono services or legal services
7.3 Direct Contact with Prospective Clients (targeted ads)
These rules do not apply to pro bono or legal services!
A lawyer can’t solicit new clients in person or over the phone / virtually
For written solicitations, must meet many requirements with disclosures and basically not be false or misleading. For accidents or disasters, must wait 30 days to contact.
7.4 Communication of Fields of Practice and Specialization
Lawyer can’t lie.
Must say specializations aren’t approved by the bar, except patent or admiralty
7.5 Firm Names and Letterheads
Lawyer can’t lie.
Must identify any jurisdictional limitations and can’t list lawyers holding public office if they’re not practicing with the firm currently
7.6 Political Contributions to Obtain Government Legal Engagements or Appointments by Judges
These aren’t allowed.
8.1 Bar Admission and Disciplinary Matters
Lawyer (or applicant to bar) can’t lie.
Subject to 5A
8.2 Judicial and Legal Officials
Lawyer can’t lie about qualifications or integrity of an officer/candidate.
Lawyer who is also a candidate must comply with judicial ethics.
8.3 Reporting Professional Misconduct
Lawyer must snitch if another lawyer or judge has done a violation that is a serious offense. Subject to 1.6 confidentiality.
8.4 Misconduct
Lawyer can’t violate the rules, or do a crime of moral turpitude, or do fraud/deceit, or prejudice the administration of justice, or do harassment or discrimination.
Lawyer can’t pretend they can violate the rules to get certain results.
Lawyer can’t help others violate rules/the law.
8.5 Disciplinary Authority and Choice of Law
Lawyer subject to discipline anywhere they practice or violate the rules, and can be disciplined for the same thing in multiple jurisdictions.
Lawyer will not be disciplined if they conformed to the rules where they reasonably thought the effect of their conduct would mostly occur
