MPRE Flashcards
Rule 1.1: Competence
provide competent representation to client; requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the rep
Rule 1.1(1): Legal Knowledge and Skill (factors for requisite k/s)
nature of matter; atty general experience; training/exp in field in ?; prep/study able to give; feasible to refer or ass/consult w/ atty w/ est. competence in field (expert in some c)
Rule 1.1(2): Legal Knowledge and Skill (novel atty - study)
new atty just as competent; atty can provide adequate rep in wholly novel field through necessary study or association
Rule 1.1(3): Legal Knowledge and Skill (emergency)
emergency - may give advice or assist in matter where do not have skill ordinarily required where referral/consult/assoc w/ another atty impractical - still limit assistance to necessity
Rule 1.1(4): Legal Knowledge and Skill (reasonable prep)
may accept rep where requisite level of competence can be achieved by reasonable prep
Rule 1.1(5): Thoroughness and Preparation
adequate prep - inquiry/analysis into factual/legal elements; use methods & procedures of competent standard - required att. & prep determined party by what is at stake
Rule 1.1(6): Retain or Contract w/ Other Atty (inform consent - reasonable?)
client informed & consent to retain or contract other atty; client reasonably believe other atty services will contribute to competent & ethical rep - reasonableness of decision based on cir - experience of atty; nature of services; what protections/rules
Rule 1.1(7): Retain or Contract w/ Other Atty (consult w/ each other)
atty should consult w/ each other & client about scope of rep & responsibilities of each
Rule 1.1(8): Maintain Competence
atty should keep abreast of changes in law and continue meeting CLE requirements
Rule 1.2(a): Scope of Rep & Allocation of Authority between Client & Lawyer
atty shall abide by client decision re: objectives of rep and consult w/ client as means to pursue. may take action impliedly authorized - client choice in civil to settle, criminal to plea, waive jury trial, or testify
Rule 1.2(b): Scope of Rep & Allocation of Authority between Client & Lawyer
rep of client not endorsement of their political, economic, social or moral views or activities
Rule 1.2(c): Scope of Rep & Allocation of Authority between Client & Lawyer
may limit scope of rep if reasonable under cir and client gives informed consent
Rule 1.2(d): Scope of Rep & Allocation of Authority between Client & Lawyer
shall not counsel client to engage, or assist in, conduct atty knows is criminal or fraud but may discuss legal consequences and may assist to make good faith effort to determine validity, scope, meaning or application of the law
Rule 1.2(2): Scope of Rep & Allocation of Authority between Client & Lawyer (disagree)
consult w/ client to seek mutually acceptable resolution - efforts fail, if atty has fundamental disagreement can withdraw - client may discharge atty
Rule 1.2(3): Scope of Rep & Allocation of Authority between Client & Lawyer (advance auth)
client may authorize specific action w/o further consult; atty may rely on advance authorization; client can revoke at any time
Rule 1.2(5): Scope of Rep & Allocation of Authority between Client & Lawyer (independence from client’s views/activity)
legal rep shouldn’t be denied to people unable to afford, or whose cause is controversial or subject of popular disapproval
Rule 1.2(4): Scope of Rep & Allocation of Authority between Client & Lawyer (client diminish capacity)
if client appears to be suffering diminished capacity, atty duty to abide by client decisions is guided by Rule 1.14
Rule 1.2(5): Scope of Rep & Allocation of Authority between Client & Lawyer (independent from client view/activity)
legal rep shouldn’t be denied to people who can’t afford; whose cause is controversial; or subject of popular disapproval
Rule 1.2(6): Scope of Rep & Allocation of Authority between Client & Lawyer (agree to limit scope)
scope of services may be limited by agreement or by the term under which services are made available to client - must be reasonable (limited rep a factor in determining the legal k/s & prep required)
Rule 1.2(9): Scope of Rep & Allocation of Authority between Client & Lawyer (criminal, fraud, bad transactions)
prohibition does not preclude atty from giving honest opinion about actual consequences likely to result from conduct; client using advice does not make atty a party to action
Rule 1.2(10): Scope of Rep & Allocation of Authority between Client & Lawyer (criminal, fraud, or bad transactions)
avoid assisting client by drafting/deliver docs atty knows are fraud; atty may not continue assisting client if discovers conduct is criminal or fraud - must withdraw
Rule 1.2(11): Scope of Rep & Allocation of Authority between Client & Lawyer (client is fiduciary)
where client is fiduciary, atty may be charged w/ special obligations in dealings w/ beneficiary
Rule 1.3: Diligence
atty shall act w/ reasonable diligence and promptness in representing a client
Rule 1.3(1): Diligence
zealous advocacy
atty should pursue despite opposition, obstruction, or personal inconvenience - take measures required to vindicate - act w/ commitment & dedication to client interests and zeal w/ advocacy. Not bound to press for every advantage - duty does not require offensive tactics or treating all involved w/ respect
Rule 1.3(2): Diligence (work load)
atty work load must be controlled so much each matter can be handled competently
Rule 1.3(3): Diligence (promptness and procrastination)
don’t procrastinate; duty to act w/ reasonable promptness does not preclude atty from agreeing to reasonable requires for postponement that won’t prejudice client
Rule 1.3(4): Diligence (follow through)
unless terminated, atty should carry through to conclude all matters; if limited to specific matter, rep terminates when matter resolved; sometimes notice of withdrawal necessary; doubt should be clarified in writing; must consult w/ client about appeals before ending rep; obligation to appeal depends on scope of rep
Rule 1.3(5): Diligence (sole P death plan)
each sole P must prepare plan that designates another atty to review client files, notify clients, and determine if need for immediate protective action in case of sole P’s death or disability
Rule 1.4(a): Communication
atty shall (1) promptly inform client of any decision to which informed consent is required; (2) reasonably consult about means to do objectives; (3) keep client reasonably informed on status; (4) promptly comply w/ reasonable requests for info; (5) consult about relevant limits on atty conduct when knows client expects conduct not permitted by law or MRPC
Rule 1.4(b): Communication
atty shall explain matter to extent reasonably necessary to permit client to make informed decisions regarding rep - reasonable comm is Necessary!
Rule 1.4(3): Communication (w/ client before action)
depending on both importance of action and feasibility of consult w/ client duty will require consult prior to taking action - in emergencies an immediate act may be done w/o prior consult but must act reasonably to inform client atty took action
Rule 1.4(4): Communication (prompt response to request for info)
client requests reasonable info, must promptly respond or if not feasible, atty or staff must acknowledge receipt of request, advice client when response may be expected
Rule 1.4(5): Communication (explaining matters)
client should have sufficient info to participate; adequacy of comm depends partly on kind of advice involved; generally not expected to describe trial or negotiation strategy in detail
Rule 1.4(6): Communication (diminished capacity or organization)
DC client - Rule 1.14; when client is org just address comm to appropriate officials of org
Rule 1.4(7): Communication (withholding info)
atty may be justified in delaying info if client likely to act imprudently to immediate comm; may not withhold to serve atty own interest or convenience
Rule 1.5(a): Fees (reasonable factors)
atty shall not make agreement for, charge, or collect unreasonable fee or unreasonable amt for expenses - factors: time/labor involved; novelty/difficulty of ?s; skill requisite; likelihood acceptance will preclude employment for atty; fee customarily charged; amount involved; results obtained; if fee is contingent or fixed; etc
Rule 1.5(b): Fees
scope of rep & rate shall be comm to client, preferably in writing, before or w/in reasonable time after rep starts except when atty will charge regularly represented client on same rate. any changes shall be communicated
Rule 1.5(c): Fees (contingent)
may be contingent except when prohibited by (d); must be signed by client in writing; state method how fee calculated; % for expenses and atty fee; whether expenses deducted before or after fee is calculated; state outcome in written agreement
Rule 1.5(d): Fees (prohibited)
no arrangement for, charge, or collect: (1) any fee in domestic relations matter, payment of amt which is contingent upon securing of divorce or alimony; or (2) a contingent fee for a criminal defendant
Rule 1.5(e): Fees (dividing fees)
dividing fees between atty not in same firm made only if: (1) div in prop to services performed by each or each atty assumes joint responsibility for rep; (2) client agrees in writing; (3) total fee is reasonable
Rule 1.5(1): Fees (reasonableness - reimbursement)
factors not exclusive; may seek reimbursement for cost of services performed in-house
Rule 1.5(2): Fees (basis or rate)
in new atty-client relationship an understanding as to fees and expenses must be promptly established
Rule 1.5(3): Fees (contingent)
contingent fees subject to reasonable standard; check factors and applicable law
Rule 1.5(4): Fees (term of payment)
may require advance payment of fee, but obliged to return any unearned portion; may accept property in payment for services if doesn’t involve acquisition of proprietary int in the cause of action
Rule 1.5(5): Fees (ability to pay)
agreement may not be made with terms that might induce atty improperly to curtail services or perform them not in their best interest; it is proper to define extent of services in light of ability to pay
Rule 1.5(6): Fees (prohibited contingent)
does not preclude a contract for a contingent fee for rep in connect w/ recovery of post-judgment balances due under support or alimony
Rule 1.5(7): Fees (dividing)
division of fee is single bill to client; often used when fee is contingent; joint responsibility entails financial & ethical responsibility as if attys were in a pts
Rule 1.5(9): Fees (disputes)
if procedure has been established to deal w/ dispute, atty must comply w/ when mandatory and even when voluntary, atty should consider submitting.
Rule 1.6(a): Confidentiality of Information
atty shall not reveal info relating to rep of client unless gives informed consent, disclosure impliedly authorized to carry out rep, or disclosure permitted by (b)
Rule 1.6(b): Confidentiality of Information
atty may reveal info relating to rep to extent atty reasonably believes nec to: (1) prevent reasonably certain death or substantial bodily harm; (2) prevent client from commit crime or fraud reasonably certain to result in sub injury to financial int or prop of another and in furtherance of which client has used or is using atty services; (3) prevent, mitigate, or rectify sub injury to fin int or prop that is reasonably certain to result or has result from client’s comm of crime or fraud where client used atty services; (4) secure legal advice about atty compliance w/ Rules; (5) establish claim or defense on atty behalf; (6) comply w/ law or court order; (7) detect & resolve COI but only if revealed info would not compromise the arty-client privilege or prejudice client
Rule 1.6(c): Confidentiality of Information
atty shall make reasonable efforts to prevent inadvertent or unauthorized disclosure of or access to info relating to rep of client
Rule 1.9(a): Duties to Former Clients
atty who has formerly rep client in matter shall not rep another in same or substantially related matter in which that person’s int are materially adverse to int of former client unless former client gives informed consent in writing
Rule 1.9(b): Duties to Former Clients
atty shall not knowingly rep a person in same or sub similar matter in which firm where atty was formerly associated had previously repped a client who: (1) int are materially adverse to that person; (2) about whom atty had acquired info that is material to matter; unless former client gives informed consent in writing
Rule 1.9(c): Duties to Former Clients
atty who has formerly rep a client in a matter whose present or former firm has formerly rep a client in a matter shall not (1) use info relating to rep to disadvantage of former client, except when Rules allow or require or info becomes generally known; or (2) reveal info relating to rep except as Rules permit or require.
