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MPRE Flashcards

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1
Q

Purpose of ethical rules

A

min lvl of ethical behavior for trustworthy lawyers

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2
Q

sources of ethical rules

A

1) ABA Model Rules; 2) rules of evidence; 3) con law; 4) crim law

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3
Q

forms of discipline (2)

&

other sanctions (3)

A

D: 1) censure (scolded either publivly or privately by either disciplinary authority or SC); 2) disbarment (temporary or long term)

OS: 1) disqualified for client; 2) civil liability; 3) crim liability

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4
Q

mandatory v. aspirational rules

A

M: must
A: should

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5
Q

informed consent elements (3)

A

1) adequate disclosure; 2) consent; 3) confirmed in writing

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6
Q 
knowing 
v. 
belief
v. 
reasonable
A

K: actual subjective
B: actual subjective
R: objective based on reasonably prudent and competent lawyer std

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7
Q

who regulates legal profession

& with what

A

State SC & Fed DC

what: model rules as adapted by state

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8
Q

pre-admission reg (4)

A

1) accredited school; 2) character and fitness - looking at past crimes - specifically truth related, addiction, or debt; 3) truthfulness on apps to school and bar; 4) pass MPRE

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9
Q

post-admission reg (3)

A

1) violations of rules; 2) criminal acts involving honesty/fitness ot practice (crime type);
3) fraud/deceit (even non criminal if….a) fraud on ct OR b) common law fraud (statement + know false + intend deceive …. no harm req)

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10
Q

VL of attorneys: supervising (who and when?)

A

must make reasonable efforts to ensure that lawyers and non comply with rules - includes indie K-ers, IT, etc.

subject to VL for rule violation if supervisor a) orders; b) ratifies; or c) learns and fails remedial

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11
Q

defense for supervisor ordered ethical violatoin

A

only if reasonable order

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12
Q

compliance systems

A

partners have duty to have one in place regardless of past problems

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13
Q

snitch rule (3)

A

rq’d to report (lawyers or judges) if….

1) actual knowledge
2) substantial violation
3) goes to honesty/trustworthiness/fitness to practice

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14
Q

out of state conduct … home jur disciplinary authority?

A

yes, can still discipline in home jur

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15
Q

out of state conduct: conflict of laws

A

bound by jur where reasonably believe actions had predominant effect

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16
Q

out of state conduct: practicing while out of state admitted only

A

a) pro hac vice - related to specific dispute
b) associated w/ local counsel who actually participates
c) working for client from home jur + has home state qualification

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17
Q

result of unauthoirzed practice

A

non lawyers –> injunction

lawyers –> loss of fee

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18
Q

aiding and abetting unauthorized practice

A

aka failing to supervise non-professionals who are doing legal work

avoid by 1) having client contact; 2) supervise and take responsibility of their work, don’t just delegate

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19
Q

pro se litigants and ghost advice

A

lawyers allowed to give limited aid to pro se

entities cannot be pro se

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20
Q

splitting fees: who allowed (2)

A

1) only with lawyers (and estate of decedent lawyer, part of retirement plan)
2) who do legal work on the matter (without any non-lawyers or third-party payors controlling such)

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21
Q

sale of practice: when allowed

A

whole practice or some practice area

cannot increase fees associated with sale

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22
Q

sale of practice: reqs (3)

A

1) lawyer stops practice
2) give client notice
3) sold to another lawyer

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23
Q

sale of practice: return to practice (4 situations)

A

1) in-house counsel
2) pro bono
3) diff area of law
4) change in circ (family issues, financial issues)

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24
Q

sale of practice: non-competition covenants

A

not allowed except for sale of practice

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25
Q

Duty to represent

A

no general duty unless ct appointed

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26
Q

Duty to reject

A

coextensive with rules for mandatory withdrawal

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27
Q

When A/C relationship starts

A

reasonable person believes test (negligence-esque)

triggers civil/ethical responsibility

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28
Q

scope of A/C relationship

A

can be limited by agreement so long as doesn’t limit ability to effectively rep

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29
Q

decisions left entirely for client in crim (3)

A

1) testify (crim)
2) exercise jur right (crim)
3) plea bargain (crim)

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30
Q

duties towards client w/ disability/minority (4)

A

1) maintain ordinary relationship
2) seek guardian approval as necessary
3) can reveal info as necessary to protect
4) can take protective action if in best interest

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31
Q

counseling related to crime/fraud

A

can tell consequences not how to commit (cannot aid)

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32
Q

lawyer mandatory w/drawal (3)

A

1) client wants/needs something that would cause rule violation
2) impairment of attorney (drugs, etc.)
3) discharge (client absolute right to fire - cannot be modified via K, no penalties…. can keep earned if not discharged for cause)

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33
Q

withdrawal after proceedings begin

A

need leave of ct, even if mandatory

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34
Q

permissive withdrawal (6)

A

1) harmless even if client objects
2) reasonable belief client pursuing crime/fraud + services used in such
3) repugnant client actions
4) unreasonable financial burden (bad deal not enough)
5) client fails obligation to lawyer (Fees)
6) good cause (illness, family issue)

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35
Q

financial/property responsibility post-withdrawal (3)

A

1) return property and unearned fees
2) can keep retaining lien for earned unpaid
3) must continue to hold funds held in third party dispute until resolved

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36
Q

reasonability of fees

A

LODESTAR test:

1) explained up front
2) novelty? (new to all, allow more, just you, maybe not)
3) amount in controversy (higher ris, higher reward)
4) precluding employment

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37
Q

fee agreement format

A

must be actually communicated, but ned not be in writing

except: contingency fees req in writing + how calculated

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38
Q

retainers/advancements

A

must keep separate in escrow or trust and return unearned at end

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39
Q

holding client property in lieu of fees (4 reqs)

A

note: may create COI

1) terms in writing
2) fair
3) inform client in writing about getting indie counsel
4) informed consent

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40
Q

fee sharing between lawyers (4)

A

1) fair to client;
2) disclosed to client;
3) actual services provided
4) signed informed consent

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41
Q

fee sharing with non-lawyers

A

never allowed

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42
Q

duty of confidentiality

A

includes all info learned relating to rep (public info, ID, observations, etc.)

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43
Q

A/C privilege (5)

A

1) speech
2) testimonial
3) given confidentially
4) actually kept confidential
5) related to legal rep

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44
Q

A/C privilege inadvertent disclosure (2)

A

not waived if

1) reasonable steps prevent
2) reasonable corrective after inadvertent

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45
Q

A/C privilege exceptions (2)

A

1) criminal/fraud (can’t participate in such)

2) dispute between client and attorney (can disclose related to dispute)

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46
Q

WP docrine

A

prevent docs used in connection w/ client case

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47
Q

when is WP discoverable

A

1) substantial need; + 2) no other means to get w/out undue hardship

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48
Q

what can ct compel disclosed

A

yes: confidential and WP
no: A/C

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49
Q

permissive disclosure of confidential info (6)

A

a) client consents
b) implied by rep (say want to sue, need to disclose ID)
c) prevent death or substantial injury (no lawyer involvement req’d)
d) education so long as don’t reveal ID + can’t be figured out
e) financial injury (1) prevent future; 2) necessary to prevent; 3) substantial harm; 4) services used for
f) prevent mitigate or rectify substantial financial harm caused by completed crime/fraud for which services were used

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50
Q

mandatory disclosure

A

must disclose if failure to do so would assist client in crime

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51
Q

duration of confidentiality duties

A

forever (survives death of either A or C)

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52
Q

duty of confidentiality to entities

A

owed to entity itself

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53
Q

duty of confidentiality and prospective clients

A

must be held in confidence if invited the info

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54
Q

confidentiality and the cloud

A

must secure info to comply with rules

factors: 1) sensitivity; 2) cost; 3) client consent

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55
Q

duty of loyalty

A

COI rules to ensure indie professional judgement and preserve confidentiality

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56
Q

enforcement of COI rules

A

trial court via litigation sanctions or discipline

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57
Q

types of COI

A

1) direct adversity w/ concurrent (rep on both sides) –> non-waivable
2) material limitation on ability to rep (another client, former client, third party, lawyer interests) –> maybe waivable

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58
Q

waivable conflicts: how to waive (3)

A

1) in writing
2) reasonable belief by lawyer won’t adversely impact rep
3) all effective clients waive

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59
Q

waivable conflicts: former client

A

cannot rep if same matter or substantially related to prior where you were a representative (objective test)

test: scope of prior? could have learned info? would it be useful?

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60
Q

waivable conflicts: personal interest of lawyer (6)

A

1) business dealings or qcquisition of interest in client property
2) draft will or gift which lawyer is beneficiary (unless family)
3) related lawyer on other side
4) acquisition of story rights before or negotiated before end
5) proprietary interest in litgation (money interest with client - can’t loan to client or make advances except for court costs)
6) sex w/ client (unless pre-existing) - not contagious

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61
Q

lawyer as witness

A

cannot rep where maybe witness unless non-contested or limited value in case

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62
Q

contagious conflicts

A

conflict between lawyer and client –> no lawyer in firm can rep UNLESS informed consent + writing

OR personal interest of lawyer (sex)

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63
Q

new lawyer with contagious

reqs for others to rep (3)

A

others can still rep if

1) instant screening (no info passed between incoming and firm)
2) incoming gets no part of fee
3) client notified (no consent req’d)

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64
Q

gov lawyer job search

A

cannot negotiate for employment with party whom involved with matter on

exception: law clerk w/ judge notified

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65
Q

COI and prospective clients

A

non-contagious if immediately screened after learning info in such comm that is COI

if not solicited, not triggered

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66
Q

third-party payors interference
&
consent?

A

not allowed for

1) work control (task approval)
2) info control (demand to see all case info)
3) settlement control (reg nature/amount)

CLIENT CAN CONSENT TO SUCH!

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67
Q

agreements to limit or eliminate malpractice

A

not allowed unless client advised in writing of seeking indie counsel + reasonable opp.

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68
Q

representing organizations

A

rep org not constituents individually bu can jointly rep

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69
Q

bad behavior of org

A

if a) know violation of law +2) substantial injury

must

1) refer to highest org authority
2) if not corrected, MAY resign (noisy withdrawal allowed - disclose confidential)

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70
Q

duty of professional competence: standards of review

3

A

negligence std (Duty, breach, causation, damages)

OR
breach of fiduciary relationship (COI)

OR failure of performance (K std)

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71
Q

duty of professional competence: duty to decline/withdraw

A

not competent and can’t become without unreasonable delay

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72
Q

duty of professional competence: duties to third-party beneficiaries & for unauthorized acts

A

1) third party beneficiaries - yes

2) unauthorized acts (attorney goes beyond scope of rep –> may be personally liable)

73
Q

duty of professional competence: referrals

A

must reasonably believe other lawyer will contribute

74
Q

duty of professional competence: tort defenses (2)

+ crim defense

A

1) defamation defense: publication related to proceeding
2) malicious prosecution - had PC

CD: advice re: crimes not criminal if dissuading

75
Q

duty of diligence

A

must be diligent and must withdraw if cannot (too busy)

not allowed to delay for sake of delay

76
Q

duty of zealous advocacy and frivolous claims

A

cannot assert or defend such unless good-faith arg to etend law

77
Q

what is frivolous claim?

A

can rely on client facts, but duty to make reasonable investigation before filing

duty to develop facts which may make something frivolous later on

78
Q

duty of candor to tribunal… cannot: (3)

A

cannot:

1) knowingly make false statement fact/law
2) fail to disclose controlling authority on other side (but can give other side opp to do so first)
3) offer evidence knowing false (DCin crim cannot refuse client testimony unless knows false)

79
Q

remedial measures when know put on false evidence or perjury

A

1) remonstrate (dissuade + tell to correct)

2) take matter to ct and seek withdraw (usually denied)

80
Q

duration of duty to correct false evidence/perjury

A

until litigation ends

81
Q

tampering with evidence & paying witnesses

A

cannot tamper with witness or evidence

can only pay witness cost of coming to ct OR EW

82
Q

client give stolen items, evidence of crime

A

must turn over to police who will keep confidential

83
Q

ex parte comm’s for lawyers

A

generally not allowed for pending, active, or impending

not with judge, jurors, prospective

when: before/during… maybe survey after

84
Q

comm w/ rep’d persons

A

generally can’t if know rep’d - must comm w/ lawyer instead

covers anyone who could make statements that might be admission

85
Q

comm w/ rep’d persons: entities

A

must presume control group rep’d by entity lawyer…. former employees not covered

86
Q

comm w/ rep’d persons: inadvertent comm

A

simply must notify them they sent it

can read it

87
Q

media contact rule + exceptions (3)

A

cannot make statements with substantial likelihood of prejudicing…. especially bad to make about witnesses

exceptions:

1) protect from other publicity
2) general facts/procedure
3) “he started it” response

88
Q

roles: candid advisor/third party eval

A

1) notify and client consent if bad info

2) must give candid info to third party

89
Q

roles: neutral arbitrator, etc.

A

must be neutral, not clients

90
Q

roles: prosecutor reqs (6)

A

1) PC to bring action
2) cannot take advantage of unrep’d
3) disclose exculpatory
4) cannot subpoena lawyer to destroy A/C
5) restrictions on media statements
6) seek remedy if new evidence is clear and convincing

91
Q

roles: safekeeping property

A

keep client and attorney property separate

92
Q

advertising: what is included

A

all forms of comm

93
Q

advertising: restrictions (6)

A

1) cannot be false/misleading
2) cannot be unverifiable self-promotion
3) cannot call self certified specialist unless 1) state approved authority or ADA accredited AND 2) ID org
4) must include name + contact info of at least 1 attorney at firm
5) cannot imply work in partnership w/ another unless do
6) no real-time, direct contact to solicit (doesn’t include chat rooms, text easily disregarded, but DOES include phone)

94
Q

advertising: specializing

A

can say specialize and hold self out as such OR state field of practice

patent and admiralty attorneys allowed

95
Q

advertising: can include

A

a) location of offices

b) names of clients if reg rep + consent

96
Q

advertising: mail and non-real time

A

allowed if no coercion, duress, harassment, not to those don’t want solicitations

97
Q

advertising: referrals/endorsements services

A

referral service permitted but can’t charge percentage of fees

98
Q

advertising: names and letterheads of firms

A

1) cannot be false/misleading
2) cannot imply association with gov agency, deceased lawyer not formerly member, non-associtaed lawyer, non-lawyer, public/nonprofit legal services org
3) cannot use name of lawyer holding public office

firms in mult. locations can hvae same name

99
Q

pro bono

&

pro bono conflict rules

A

aspire 50 hrs/yr

special conflict rules

1) reg conflict rules only apply if aware of conflict
2) if decision will benefit other clients, must disclose but not ID of other

100
Q

limited legal service (ex. hotline)

A

permitted but may arise tension with possible lawyer liability

101
Q

lawyers and campaign contributions: soliciting & participating in political work?

limits? (2)

A

allowed to solicit on behalf of candidate + participate in political work

limits:

1) no bribery
2) no contribution in exchange for favor

102
Q

lawyers on comments on qualifications of candidates

A

cannot lie about fitness

defamation only if actual malice (know false, reckless disregard)

103
Q

lawyers running for judgeship

A

subject to both ethical codes

104
Q

judicial and lawyer ethics interplay

A

cannot induce ethics of other

105
Q

source of judge ethics

A

model code of judicial conduct

106
Q

judge duty of judicial integrity (2)

A

1) must comply with law + avoid appearance of impropriety

2) no abuse of office for gain (but can rec clerks)

107
Q

judge duty of impartiality and diligence

A

no favoritism, must be neutral

108
Q

ex parte comm’s for judges

A

prohibited

judges responsible for staff control

exceptions: scheduling, consulting experts, settlement discussions w/ party consent

109
Q

public comment as judge

A

generally prohibited for any case before any ct that may impact outcome or fairness

110
Q

judicial recusal: mandatory (6)

A

1) personal bias
2) personal knowledge of facts of case
3) spousal relationship
4) money involved for judge or family
5) contribution to political party beyond legal limit
6) previous served as lawyer, official, judicial in matter

111
Q

judicial recusal: mandatory exception

A

necessity - no judge could hear case, somebody must

112
Q

judicial recusal: duty of disclsoure

A

must disclose all info to litigants useful to decide if recusal is proper

113
Q

judicial recusal: waiver

A

any can be waived with consent except personal bias or personal knowledge

114
Q

judge duty to report

2

A

1) known violations + implicates honesty, trustworthy, fitness
2) reasonable belief lawyer impaired

115
Q

extra-judicial activities limits

A

1) can’t be character witness unless summoned to testify
2) cannot be fiduciary except in family matter
3) cannot practice law except pro se
4) no outside business except family business

116
Q

judicial gifts

A

non-reportable if ordinary course gift (all judges, reg, small), legal convention reasonable amount

reportable: large gifts, convention for recreation

117
Q

judge and politics

A

must stay out of politics, including endorsements (even family)

no pledges, promises, commitments about how will handle cases

when running for judge can make general comments, not about parties

can endorse others for same office, can have campaign committee

if run for diff office must quit judgeship

if seeking appointment don’t need to quit

118
Q

who the rules apply to (2)

A

1) lawyers engaging in legal work, including VL for those that they supervise
2) lawyers who no longer actively practice law (ex. working as financial planner)

119
Q

when is there a COI

A

when both side shave legal rights and duties in conflict (not mere expectations of inheriting money, etc.)

120
Q

duty if client dies

A

inform opposing party in first communication after the fact

121
Q

settlement obligations where rep multiple clients

A

disclose full amount and amounting going to each to all clients

122
Q

disputed fee amount

A

can take or disperse undisputed amount but whatever amount is in dispute must be held in segregated account until resolved

123
Q

duty of overseeing other legal professionals

A

must take reasonable efforts to ensure conform to model rules

cannot fully delegate responsibilities to them that they are not familiar with and not competent in…. must oversee their work

124
Q

conflict of interest? one client witness against another in entirely unrelated

A

yes this is directly adverse conflict (can be waived with informed consent + writing)

maybe not if calling on other client’s behalf

125
Q

confidential info and GJ

A

can disclose unless A/C, then must assert A/C

126
Q

duty of informing counterparty

A

no general duty, but cannot misrep facts, even if client instructs to

127
Q

non-disclosure of existing non-ID’d principal in purchasing negotiations

A

not a material misstatement of fact - don’t need to notify

128
Q

req when switching from firm to gov and working on same case

A

1) written informed client consent

2) government agency consent

129
Q

judicial rules and mediation, arbitration, etc.

A

not allowed unless part of lawfully assigned judicial duties

130
Q

arbitrators/mediators and the representation of parties from the matter in same matter

A

if substantially participated as arbitrator, generally cannot w/out written consent of all parties

exception: partisan member of party of multi-member arbitration panel (regardless of how voted)

131
Q

discussing rep w/in firm

A

absent client instruction not to, allowed

132
Q

judges and prior general comments on issues

A

generally no need to disqualify self, presumed can be impartial and put aside

133
Q

First req for COI to be an issue

A

Must have personal and substantial involvement in the prior rep

ex. judge who did only admin stuff on a case can later rep one of the parties b/c never substantially participated in the matter

134
Q

campaigning statements for judge

A

cannot make pledges about how will treat cases (ie differently from current) BUT can attack judges w/ factual incidents

135
Q

judicial duty of diligence and timeliness

A

must expedite matters before the court… allowing excessive delay violates

136
Q

fee splitting amongst lawyers (2)

A

1) reasonable total amount

2) informed consent in writing by client

137
Q

COI with current rep of unnamed client in CA lawsuit

A

no need for informed consent before representing the opponent in the CA suit (ie who the class is suing)

138
Q

what counts as pro bono credit

A

must have entered into work without expectation of fee

139
Q

lawyers and legislative hearings

A

must disclose in what capacity they appear (ie for a client, self, etc.)

aka lobbying

140
Q

lawyers: personal beliefs in front of the jury

A

not allowed in civil courts - limited to comments rooted in evidence

141
Q

malpractice insurance

A

no requirement to have it… thus not ethical violation to fail to report malpractice settlement to them

142
Q

judicial consulting with neutral expert

A

allowed if

1) give prior notice about who and subject matter
2) give opp to respond/object to BOTH notice of plan to do it AND info retrieved after

143
Q

communicating with third parties by using third party

A

not allowed still

144
Q

what is adequate precaution to avoid VL?

A

warning not to do something is typically enough

145
Q

lawyer’s comments on judicial candidates

A

allowed to express good faith views that serve admin of justice (honest and candid)

allowed even if running for judge

146
Q

solo practitioners death/incapacity plan

A

req’d

must designate competent attorney who will

1) review client files
2) notify clients
3) determine if cases need immediate protective action

no need for consent or notification to existing clients

147
Q

requirements for withdrawing from rep (2)

A

1) leave of court

2) take all reasonable steps to mitigate harm to client

148
Q

delaying disclosure of info to client

A

can delay if in their best interests, but not for own

149
Q

supervising attorney’s ethics instructions

A

subordinates are still responsible for their own work even if ordered.

allowed to rely on reasonable resolution of ethics by a manager, but not unreasonable

150
Q

duty to report knowledge lvl

A

must have actual knowledge for duty to be triggered (ie rumors that have no other corroboration insufficient)

151
Q

confidentiality and taking protective action for decreased capacity clients

A

allowed to disclose confidential info to extent necessary but before doing so must ascertain whether the person disclosing to is going to act in the interests of the client, not adversely

152
Q

confidentiality and dispute between client and lawyer

A

can only disclose what is relevant to the actual issue at hand between the client and lawyer, nothing more

153
Q

confidentiality and prospective client

A

can’t reveal info without informed consent, even if no a/c is formed… even if in best interests of prospective client

154
Q

confidentiality and ethical advice

A

allowed to reach out to get confidential ethical advice and give details

155
Q

third party payor reqs (3)

A

1) client informed consents; 2) no interference w/ professional judgement; 3) A/C relationship preserved

156
Q

personal disqualification contagious?

A

no - generally not

general rule is that if one lawyer is disqualified, then the firm is, but not for personal interest disqualifications so long as it does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.

157
Q

lawyer enters into K without disclosing client ID –> liability?

A

lawyer personally liable although if ordered by client can seek indemnification

158
Q

attorney liability for third party services commonly used goods and services

A

even when client disclosed, attorney personally liable b/c they will rely on attorney’s credit to take the job

client on the hook for reimbursement/indemnification

159
Q

asking employees of client to not speak with other side without contacting attorney first

A

this is ok as long as doing so doesn’t materially limit the rights of the person asking

160
Q

standard of review for when in trouble for false evidence

+ when can refuse to put on false evidence

A

must KNOW it’s false, reasonably believe is not enough to trigger ethical violation

may refuse to offer if reasonably believe though

161
Q

puffing v. statements of facts in negotiations

A

attorney allowed to puff (opinions, judgements not as rstatement of fact) - opinion on value, etc. included

no false statements of material fact

162
Q

escrow v. client trust account

A

always must keep finances separate from attorney’s BUT sometimes must also keep separate from other clients (like if agree for escrow)

163
Q

reciprocal referral agreements (3)

A

allowed,

1) not indefinite ones (only limited duration)
2) disclosed to clients
3) not exclusive

164
Q

can non-pre-existing sexual relationship be waived?

A

no - it can never be waived

165
Q

lawyer advice on non-legal issues

A

allowed - anything within scope of client’s situation, legal, moral, business, ethical, etc.

166
Q

when money rules apply (intermingling, etc.)

A

money received from client or a lawyer who is representing someone

does not apply to money pooled by lawyers for recreation, etc.

167
Q

lawyer representing organization - when duty to report an employee for wrongdoing?

A

if know did something + substantial harm to org –> report to higher authority

allowed to reasonably investigate a tip before deciding whether to report

168
Q

criminal defense and contingent fees

A

not allowed ever

169
Q

are attorneys sharing workspace associates for purpose of COI rules?

A

not if take reasonably adequate measures to protect confidential client information so that it will not be available to other lawyers in the shared office.

170
Q

receive funds for client steps (3)

A

1) promptly notify client
2) keep separate
3) pay over funds

171
Q

duty to control workload: vacation

A

duty to ensure properly handled while away

172
Q

when owe duty to third party/non-client (3)

A

An attorney may owe a duty to a non-client when the attorney knows that the client intends the attorney’s services to benefit the non-client. An attorney will owe a duty to a non-client to use care when and to the extent that: (i) the attorney knows that the client intends as one of the primary objectives of the representation that the attorney’s services benefit the non-client, (ii) such duty would not significantly impair the attorney’s performance of obligations to the client, and (iii) the absence of such duty would make enforcement of those obligations to the client unlikely

173
Q

misleading-as-presented advertising

A

cannot advertise results of one case such that reasonable person would form unjustified expectations without specific facts/context of case or disclaimer

174
Q

lawyer holding office and firm name

A

cannot use their name if they will not be practicing for substantial amount of time due to public office (not actively and regularly practicing)

175
Q

fee increases

A

must always be communicated to client

176
Q

duty of candor to tribunal: legislative hearings

A

applies! must correct known misstatements - withdrawing from rep is insufficient.

177
Q

when can lawyer rep both sides of issue (4)

A

1) reasonably believes that she will be able to provide competent and diligent rep to each
2) representation is not prohibited by law
3) not a claim rep’d by lawyer in previous litigation or other proceeding before a tribunal
4) each gives informed consent, confirmed in writing

178
Q

client former perjury

A

told confidentially –> cannot disclose

must disclose and maybe withdraw if done in this matter

179
Q

parties discussions whether will waive judge disqualification

A

must be outside of judge or staff presence

MPRE (1 decks)

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