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MPRE Flashcards

1
Q

Rule 1.1 Competence

A

🌼 Competent representation requires:

  • Legal Knowledge,
  • Skill, Thoroughness, and
  • Preparation reasonable necessary for the representation
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2
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Rule 1.2 Scope of Representation & Allocation of Authority b/w Lawyer & Client

A

🌼 Lawyer shall consult the client as to decision being ,made/pleas
🌼 Lawyer may take action on behalf of the client if impliedly authorized
🌼 Representing someone does not reflect on lawyer’s own beliefs
🌼 Lawyer may limit scope of representation if reasonable and client gives informed consent
🌼 Lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent - lawyer may discuss the legal consequences of propose course of conduct

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3
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Rule 1.3 Diligence

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🌼 Lawyer shall act with reasonable diligence and promptness in representing client

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4
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Rule 1.4 Communication

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🌼 Lawyer shall promptly inform the client of any decision with respect to the client’s informed consent
🌼 Lawyer shall reasonably consult with client about means used
🌼 Keep client informed about the matter
🌼 Comply with reasonable requests for information
🌼 Consult the client about any limitations that exist in your representation

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5
Q

Rule 1.5 Fees

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🌼 Lawyer shall not agree, charge, or collect an unreasonable fee or an unreasonable amount of expenses

🌼 Fee Considerations:

  • Time and labor needed, complexity of issue, skill needed
  • Preclusion of other employment for lawyer due time needed
  • Customary fee
  • Time limitations
  • Nature & length of professional relationship
  • Experience, reputation and ability of lawyer(s)
  • Whether the fee iOS contingent or fixed

🌼Lawyer shall inform the client of fees before or w/in a reasonable time after commencing representation and also changes
🌼Contingent fee - shall be in writing, signed, and explained in detail
- NO contingent fee for divorce/alimony or criminal case (NOTE: Does NOT prohibit contingent fee in post-domestic relations judgement enforcement actions
🌼Fees can be divided b/w lawyers of different firms if:
- Proportionate of work done/joint responsibility,
- Client agrees to arrangement with share specified and signs it, and
- Total fee is reasonable

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6
Q

Rule 1.6 Confidentiality of Information

A

🌼 Lawyer SHALL NOT reveal information relating to the representation of a client unless:
- Client gives informed consent
- Disclosure is impliedly authorized in order to carry out representation, or
🌼 Lawyer MAY reveal information relating to representation of a client to the extent the lawyer reasonably believes necessary:
- To prevent reasonably certain death or substantial bodily harm
- Prevent Client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interest of property of another
- 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
- To secure legal advice about lawyer’s compliance with these Rules
- To establish a claim or defense on behalf of the lawyer in a controversy b/w the lawyer and client, to establish a defense to a charge against the lawyer based on conduct of the client, or to respond to allegations concerning the lawyer’s representation

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7
Q

Rule 1.7; 1.8 Conflict of interest: Current Clients

A

🌼 A lawyer SHALL NOT represent client if the representation involves a concurrent conflict of interests
- Representation of one client is directly adverse to another
- Significant risk that representation will be limited by the responsibility to another client
🌼 Lawyer MAY represent notwithstanding conflict if:
- Reasonably believes she will be able to provide diligent and competent representation
- Representation does not involve a claim against another client in the same litigation
- Each affected client give informed consent, confirmed in writing
🌼 SHALL NOT enter into a business transaction or knowingly acquire ownership, possessory, security or other pecuniary interest adverse to a client, UNLESS:
- Transaction and terms are fair and reasonable to the client and are fully disclosed in writing
- Client is advised in writing or desirability and given reasonable opportunity to seek advice of independent counsel, AND
- Client gives informed consent in writing, to the essential terms of the transaction and lawyer’s role in the transaction
🌼 Lawyer SHALL NOT solicit any substantial gift from client or prepare an instrument on behalf of a client giving the lawyer or family a substantial gift, UNLESS the lawyer or other recipient is related to the client
🌼 Lawyer SHALL NOT negotiate media rights or literary rights prior to conclusion of representation
🌼 Lawyer SHALL NOT provide financial assistance to a client in connection with pending our contemplated litigation, except that:
- Advance court costs and expenses of litigation, the repayment of which may be contingent in the outcome of the matter
- Indigent Client - pay court costs and expenses of litigation
🌼 Lawyer SHALL NOT accept compensation from a third party UNLESS:
- Client gives informed consent
- No interference with Lawyer/Client relationship or lawyer’s independent professional judgement
- Information relating to representation stay confidential
🌼 Lawyers SHALL NOT:
- Make an agreement limiting the client’s ability for malpractice suit, UNLESS client is represented by another regarding the agreement
- Make aggregate settlements or pleas without informed consent in writing signed by the client
🌼 Lawyer SHALL NOT acquire a proprietary interest in the action except:
- Acquire a lien authorized by law to secure the lawyer’s fees or expenses
- Contract with a client for a reasonable contingent fee in a civil case
🌼 Lawyer SHALL NOT have sexual relations with a client UNLESS it existed prior to representation

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8
Q

Rule 1.9 Duties to Former Clients

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🌼 Lawyer SHALL NOT represent a client in a same or substantially related matter in which he formerly represented a client, when that person’a interests are materially adverse
🌼Same goes for a client represented by a firm that Lawyer was formerly with UNLESS the former client gives informed consent, in writing
🌼Lawyer SHALL NOT reveal the information from former representation or use the information to the former client’s disadvantage

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9
Q

Rule 1.10 Imputation of Conflicts of Interest

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🌼 Lawyers in a firm SHALL NOT represent a client when any one of them would be prohibited by 1.7 or 1.9, UNLESS the prohibition is based on a personal interest of the prohibited lawyer and does not pose a significant risk of materially limiting the representation of the client by remain lawyers in the firm.
🌼 A firm can represent a client with materially adverse interest to a former client of a lawyer who has terminated his association with that firm, UNLESS:
- The matter is the same or substantially the same
- Any remaining lawyer has protected information under 1.6 or 1.9
- Affected client can waive this disqualification

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10
Q

Rule 1.11 Special Conflicts of Interest for Former/Current Gov’t. Officers/Employees

A

🌼 Subject to Rule 1.9
🌼SHALL NOT represent a client in connection with a matter in which the lawyer has personally and substantially participated in as a public official, UNLESS the gov’t agency gives informed, written consent
🌼 No Lawyer in a firm may otherwise represent that client, UNLESS:
- Disqualified lawyer is timely screened from any participation in the matter and not apportioned part of the fee, AND
- Written notice is given to the agency to enable it to ascertain compliance with these provisions
🌼 A lawyer having knowledge that is confidential gov’t information MAY NOT represent a client with adverse interests to that knowledge
- no lawyer in a firm may represent that client UNLESS the lawyer is timely screened and not apportioned any of the fee
🌼 A current public employee/officer SHALL NOT:
- Participate in a matter in which they did personally and substantially while in private/non-gov’t practice, UNLESS the gov’t agency gives its informed, written consent
- Negotiate for private employment with any person who is involved in a matter in which the lawyer participated personally and substantially

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11
Q

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

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🌼 Lawyer SHALL NOT represent anyone with a matter in which the lawyer personally and substantially participated as a judge or other adjudicative officer, UNLESS all parties to the proceeding give informed, written consent.
🌼 A lawyer SHALL NOT negotiate fir private employment with any person who is involved as a party or as a lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge, etc.
🌼 If a lawyer is disqualified, no lawyer in a firm with which that lawyer is associated with may knowingly undertake or continue representation in the matter, UNLESS:
- Lawyer is timely screened and receive not apportion of the fee
- Written notice is promptly given to the parties and Andy appropriate tribunal to enable them to ascertain compliance

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12
Q

Rule 1.13 Organization as a Client

A

🌼 A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents
🌼 If a lawyer for an organization knows that an officer, employee, or other person associated is engaged in action or intends to act in violation of legal obligation of that org., or a violation of the law that reasonably might be imputed to that org., and is likely to result in substantial injury to the org., the lawyer shall proceed as reasonably necessary in the best interest of the org - refer the matter to a higher authority in the org.
🌼 If the highest authority does not act and the lawyer reasonably believes the violation is reasonably certain to result in substantial injury to the org., or the authority’s inaction is a violation of the law, then the lawyer ,ay reveal information relating to representation, regardless of Rule 1.6, ONLY to the extent to prevent substantial injury to the org.
- DOES NOT apply with respect to info relating to the representation of an org. to investigate defend against an alleged violation of law
- A lawyer who is discharged because of taking these steps, or withdraws because of it, shall proceed as he sees reasonable to assure that the organization’s highest authority is informed of the discharge/withdraw
🌼 In dealing with directors, employees, officers, etc. a lawyer shall explain the identity of the client when she knows or reasonably should know that the org’s interests are adverse to theirs
🌼 A lawyer may also represent any of its directors, officers, employees, members. shareholders, or other constituents, subject to Rule 1.7

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13
Q

Rule 1.14 Client with Diminished capacity

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🌼 Even with diminished capacity, the lawyer shall as far as reasonably possible, maintain a normal client-lawyer relationship with the client
🌼 If the lawyer reasonably believes that the client is at risk of substantial physical, financial, or other harm, unless action is taken, the lawyerly take reasonably necessary protective action to protect the client
- May seek the appointment of a guardian as litem
🌼 Disclosure of information is limited to that reasonably necessary to protect the client’s interests

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14
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Rule 1.15 Safe Keeping Property

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🌼 Lawyer shall hold property go clients or third persons in connection with the representation in a separate account maintained in the same state
- Complete records of such account funds and other property shall be kept by the lawyer and preserved for a period of 5 years after termination of the representation
🌼 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, but only in an amount necessary of that purpose
🌼 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
🌼 In receiving funds or other property of a client, a lawyer shall promptly notify them. Lawyer shall promptly deliver such goods and render a full accounting regarding such property, if requested.
🌼 When there is a dispute over ownership of the property, it shall be kept separate by the lawyer until the dispute is resolved.
- Lawyer shall distribute amounts that are not in dispute.

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15
Q

Rule 1.16 Declining or Terminating Representation

A

🌼 Lawyer SHALL NOT represent a client, or shall withdraw if…:
- Representation will result in a violation of the rules of professional conduct, or other law
- Physical or mental condition materially impairs the lawyer’s ability
- Lawyer is discharged
🌼 Lawyer may withdraw if:
- Withdraw can be accomplished without material adverse effects
- Client persists in a course of action the lawyer reasonably believes is criminal or fraudulent
- Client has used the lawyer’s services to perpetrate a crime or fraud
- Client fails substantially to fulfill an obligation to the lawyer regarding his services and has been given reasonable warning that the lawyer will withdraw unless fulfilled
- Representation of the client will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by client, or
- Other good cause that may exist

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16
Q

Rule 1.17 Sale of a Lawyer’s Practice

A

🌼 A lawyer or a law firm may purchase /sell a law firm if:

  • The seller ceases to engage in the private practice or law;
  • The entire practice, or are of practice is sold to one or more lawyers or law firms
  • The seller gives written notice to each of the seller’s clients regarding the law right to retain other counsel or take possession of the file and assumed consent to transfer file if there is no objection made in within 90 days
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17
Q

Rule 1.18 Duties to prospective Client

A

🌼 A prospective client is anyone who discusses the possibility with a lawyer
- Even if no relationship ensues, lawyer SHALL NOT use or reveal info
🌼 A lawyer shall not represent a client with interests materially adverse to those of a prospective client in the same or substantially related matter if info from the prospective client could be harmful
🌼 When the lawyer has received disqualifying information, representation is permitted if:
- Both client have given informed, written consent
- Lawyer who received info has taken reasonable measure to avoid exposure to more information that reasonably necessary to determine if he could represent the prospective client, and has been timely screened from participation (if others in the firm represent) and he receives no apportion of the fee and written notice is given to the prospective client.

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18
Q

Rule 2.1 Advisor

A

🌼 In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. Lawyer may refer to moral, economic, social, and political factors that may be relevant to client’s situation

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19
Q

Rule 2.3 - Evaluation for Use by Third Persons

A

🌼 A lawyer may provide an evaluation of a matter affecting a client for the use of someone other than the client if the lawyer reasonably believes that it is compatible with other aspects of the lawyer’s relationship with the client
- If the lawyer knows or should reasonably know that the evaluation will have a material adverse affect on the client, he should not make it unless there is informed, written consent.

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20
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Rule 2.4 - Lawyer Serving as Third-Party Neutral

A

🌼 A Lawyer serves as a third party neutral when she assists 2+ persons who are not client to reach a resolution of a dispute b/w them
🌼 Lawyer shall inform unrepresented parties that she is not representing them. If she knows that a party does not understand then she shall explain the difference

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21
Q

Rule 3.1 - Meritorious Claims and Contentions

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🌼 Lawyer SHALL NOT bring or defend a proceeding unless there is a base in law and fact for doing so that is not frivolous, which includes good faith argument for extension, modification, or reversal of existing law
- Lawyer for defendant may defend proceedings as to require that every element of the case be established

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22
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Rule 3.2 - Expediting Litigation

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🌼 A Lawyers hall make reasonably efforts to expedite litigation consistent with the interests of the client

23
Q

Rule 3.3 - Candor Toward the Tribunal

A

🌼 A lawyer shall not knowingly:
- Make false statements of fact or law or fail to correct false statement of material fact or law previously made to the tribunal
- Fail to disclose legal authority in the controlling jurisdiction known to be directly adverse to the position of the client, not disclosed by opposing counsel
- Offer evidence that the lawyer knows is false - if she realizes evidence is false, she shall take reasonable remedial measures including disclosure to the tribunal
🌼 A lawyer who represents a client that intends to engage, is or has, in criminal or fraudulent conducted related to the proceeding shall take reasonable remedial measures, including if necessary, disclosure to the tribunal
🌼 Overrides protections of Rule 1.6
🌼 In ex parte proceeding, you shall disclose anything enabling an informed decision

24
Q

Rule 3.4 - Fairness to Opposing Party and Counsel

A

🌼 A lawyer shall not:

  • Unlawfully obstruct another party’s access to evidence or alter, destroy, or conceal a document or other material having potential evidentiary value, or counsel or assist another person to do any such act
  • Falsify evidence, counsel or assist a witness to testify falsely or offer n inducement to a witness prohibited by law
  • knowingly disobey an obligation under the rules of the tribunal, except a refusal based on an assertion that no obligation exists
  • In a pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent efforts to comply with proper discovery requests
  • In trial, allude to any matter not believed to be relevant or not supported by admission of evidence, assert personal knowledge of facts in issue or state a personal opinion as to justness of the case, credibility of witness, culpability or civil litigant or guilt/innocence of accused; or
  • Request a person other than a client to refrain from voluntarily giving relevant information to another party UNLESS
  • -> Person is a relative or an employee or other agency of a client, and
  • -> The lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such information
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Rule 3.5 - Impartiality and Decorum of the Tribunal
🌼 A lawyer shall not: - Seek to influence a judge, juror, prospective juror or other official by means prohibited by law; - Communicate ex party with such a person during the proceeding unless authorized to do so by law or court order; - Communicate with juror or prospective juror after discharge of the jury if: --> Communication is prohibited by law or court order --> Juror has made known desire not to communicate or --> The communication involves misrepresentation, coercion, duress, or harassment, or 🌼 Engage in conduct intended to disrupt a tribunal
26
3.6 - Trial Publicity
🌼 Lawyer in a matter SHALL NOT make an extrajudicial statement that he knows or should reasonably know will be disseminated by means of public communication and will ave substantial likelihood of materially prejudicing a proceeding in the matter 🌼 Notwithstanding this, a lawyer may state: - Claim, offense or defense involved and, except when prohibited by law the identity of the persons involved - Information contained in public record - That an investigation is in progress - Scheduling or result of any steps in litigation - Request for assistance in obtaining evidence and information necessary - Warning or danger concerning the behavior of a person involved when there is reason to believe there is a likelihood of substantial harm of an individual or the the public interest - In a criminal case (in addition) ... --> Identity, residence, occupation, and family status of the accused --> Information necessary to aid in apprehension of accused --> Fact, time and place of arrest --> Identity of investigating and arresting officers or agencies and the length of investigation 🌼 Notwithstanding this, a lawyer may make a statement of a reasonable lawyer would believe is necessary to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or client - Limited to information as necessary to mitigate the recent adverse publicity
27
Rule 3.7 - Lawyer as Witness
🌼 A Lawyer SHALL NOT act as a advocate at trial in which the lawyer is likely to be a necessary witness unless: - Testimony relates to an uncontested issue; - Testimony related to the nature and value of legal services rendered in the case, or - Disqualification of the lawyer would work substantial hardship not he client 🌼 Lawyer may as as an advocate in hooch another lawyer in the firm is likely to be called as a witness unless precluded by Rule 1.7 or Rule 1.9
28
Rule 3.8 Special Responsibilities of a Prosecutor
🌼 Prosecutor in a criminal case shall: - Refrain from prosecuting a charge known to not be supported by probable cause; - Make reasonable efforts to assure accused has been advised of the right and procedure for obtain counsel - Not seek to obtain from unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing; - Make timely disclosures that and to negate guilt of accused or mitigates the offense; - Not subpoena a lawyer in a grand jury or other proceeding to present evidence about a past or present client unless the prosecutor reasonably believes: - -> Informed sought is not protected by privilege - -> Evidence essential to successful investigation or prosecution; AND - -> No other feasible alternative to obtain the information - Except for statements necessary to inform the public nature and extent of prosecutor's action & serve a legitimate purpose
29
Rule 4.1 Truthfulness in Statements to Others
🌼 In the course of representation, a lawyer SHALL NOT: - Make false statement of material fact or law to a third person; or - fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client ( Subject to Rule 1.6)
30
Rule 4.2 - Communication with Person Represented by Counsel
🌼 In representing a client and dealing with a party the lawyer knows is unrepresented, he SHALL NOT state or imply that he is disinterested 🌼 When knows or reasonably should know they don't understand the ;lawyer's role in the matter, he shall make reasonable efforts to correct the misunderstanding 🌼 Lawyer SHALL NOT give legal advice to unrepresented person, other than advice to secure counsel, if he knows or reasonable should know that the person's interests are in conflict with the interests of the client
31
Rule 4.4 - Respect for Rights of Third Persons
🌼 While representing a client, a lawyer SHALL NOT use means that have no substantial purpose other than to embarrass, delay or burden a third person, or use method of obtaining evidence that violate the legal rights of such a person 🌼 When a lawyer receives a document relating to representation that he knows or reasonably should know was sent inadvertently, shall promptly notify sender
32
Rule 5.1 - Responsibilities of Partners, Managers, and Supervisory Lawyers
🌼 Partners of others with comparable authority shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers conform to the Rule of Professional Conduct 🌼 Lawyer with direct supervision shall make reasonable efforts to ensure conformity 🌼 A lawyer shall be responsible for another's violation if: - Lawyer orders or, with knowledge of the specific conduct, ratifies conduct involved; or - Lawyer is a partner or comparable authority and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action
33
Rule 5.2 Responsibilities of a Subordinate Lawyer
🌼 Lawyer is bound by Rules even if acted at the direction of another person 🌼 Lawyer does not violate Rules when she acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty
34
Rule 5.3 - Responsibilities Regarding Non-lawyer Assistants
🌼 With respect to a non-lawyer employed or retained by or associated with a lawyer: - A partner, and a lawyer(s) with comparable authority shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligation of the lawyer; - A lawyer with direct supervision over a non-lawyer shall make reasonable efforts to ensure that the person's conduct is compatible - A lawyer shall be responsible for conduct of such person if: - -> The lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or - -> The lawyer is a partner or comparable authority and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action
35
Rule 5.4 Professional Independence of a Lawyer
🌼 A lawyer or law firm SHALL NOT share legal fees with a non-lawyer except that: - Agreement for payment of money to family, over a period of time after death of a lawyer - Pay a deceased lawyers estate for the purchase of her practice -Mom-lawyer employees in a compensation retirement plan - Share court awarded fees wit a nonprofit org that employed, retained or recommended employment of the lawyer in the matter 🌼 Lawyer SHALL NOT practice with or in the form of a professional corporation or association authorized to practice law for a profit, if: - Non-lawyer owns ay interest - Non-lawyer is a corporate director or officer - Non-lawyer has the right to direct or control th professional judgment of a lawyer
36
Rule 5.5 - Unauthorized Practice of Law; Multi-jurisdictional Practice of Law
🌼 A lawyer SHALL NOT practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so 🌼 A lawyer not admitted to practice in that jurisdiction SHALL NOT: - Establish an office or other continuous presence for the practice of law - Hold out to the public or otherwise represent she is admitted in that jurisdiction 🌼 A lawyer admitted in another jurisdiction may provide legal services on a temporary basis if: - Acting in association with a lawyer in that jurisdiction, or - It is reasonably elated to the lawyer's practice in his own jurisdiction
37
Rule 5.6 - Restrictions on Right to Practice
🌼 A lawyer SHALL NOT participate in offering or making: - A partnership, etc. that restricts the right of a lawyer to practice after terminations of the relationship, except an agreement concerning retirement, or - An agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy
38
Rule 5.7 Responsibilities Regarding Law Related Services
🌼 A lawyer shall be responsible to the Rules if the law-related services are provided: - By the lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients; or - In other circumstances by an entity controlled by the lawyer if he fails to take reasonable measures to assure that a person obtaining services knows they are not legal services and that the protections of privilege do not exist.
39
Rule 6.1 - Voluntary Pro Bono Public Service
🌼 Every Lawyer has a professional Responsibility to provide legal services to those unable to pay - Should aspire at least 50 hrs per year 🌼 Should provide substantial majority oof the 5 hrs w/o fee or expectation of fee to: - Persons of limited means - Charitable, religious, civic, community, gov't and educational orgs. 🌼 Provide any additional services through: - Delivery of legal service at no fee to groups looking to secure rights - Delivery of legal services at a substantially reduced fee to person of limited means, or - Participate in activities to improve the law, legal system or profession
40
Rule 6.2 - Accepting appointments
🌼 A lawyer SHALL NOT seek to avoid appointments by a tribunal except for good cause, such as: - Likely to result in violation of the Rules - Likely to result in an unreasonable financial burden on the lawyer, or - Client of the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or ability to represent client
41
Rule 6.3 Membership in Legal Services Organization
🌼 Lawyer may serve on board of legal services organization. SHALL NOT knowingly participate in a decision or action of the organization - If participating in decision would be in incompatible with obligations of the lawyer; or - Where the decision or action could have material adverse effect on client
42
Rule 6.4 - Law Reform Activities Affecting Client Interest
🌼 Same as 6.3 for organizations involved in reform of law - if lawyer knows his client will benefit by one of their decisions, he shall disclose the fact, but not client identity
43
Rule 7.1 Communications Concerning a Lawyer's Services
🌼 Lawyer shall not make a false or misleading statement about the lawyer or her services - i.e., if it contains a material misrepresentation of fact or law, or omits a fact necessary to materiality
44
Rule 7.2 Advertising
🌼 A lawyer may advertise through written, recorded or electronic communication, except as provided in 7.1 and 7.3 🌼 A lawyer SHALL NOT give anything of value for recommending services, except: - Reasonable costs of advertising or communications - Usual charge of a legal service plan or legal referral service - Pay in accordance with 1.17 - Refer client to another lawyer if: --> The reciprocal referral agreement is not exclusive, and --> The client is informed of the agreement 🌼 Any communication under 7.2 must include the name and office address of at least one lawyer responsible for its content
45
Rule 7.3 Direct Contact with Prospective Clients
🌼 Lawyer SHALL NOT in-person, live telephone or real time electronic contact, solicit employment from a prospective client when a significant motive is pecuniary gain, unless the person contacted is: - Lawyer - Has family, close personal, or prior professional relationship 🌼 Lawyer SHALL NOT solicit (as stated above) if: - Client has made known a desire to not be solicited 🌼 Every communication must state on it "Advertising Material"
46
Rule 7.4 Communication of Fields of Practice and Specialization
🌼 A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law 🌼 A lawyer SHALL NOT state or imply that a lawyer is certified as a specialist in a particular field of law unless: - Has been certified as a specialist by an organization approved by appropriate state authority or has been accredited by the ABA; and - The name of the certifying organization is clearly identified in the communication
47
Rule 7.5 - Firm Names & Letterheads
🌼 Law firm with more than one jurisdiction must identify attorney limitations 🌼 Name of lawyer in public office SHALL NOT be used in the name of a firm during any substantial period in which she is not regularly practicing with the firm 🌼 Lawyer may only state or imply they practice in a partnership when they do
48
Rule 7.6 - Political Contributions to Obtain Gov't Legal Engagements or Appts. by Judges
🌼 A lawyer or firm SHALL NOT accept a gov't legal engagement or an appointment if the lawyer/firm makes/solicits a political contribution to obtain the engagement
49
Rule 8.1 - Bar admission and Disciplinary Matters
49
Rule 8.1 - Bar admission and Disciplinary Matters
🌼 An applicant for the bar, or a lawyer in conjunction with application, SHALL NOT: - Knowingly make a false statement of material fact; or - Fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to lawful demand for information
50
Rule 8.2 Judicial and Legal Officials
🌼 A lawyer SHALL NOT make a statement she knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, officer, or of a candidate for office
51
Rule 8.3. - Reporting Professional Misconduct
🌼 A lawyer who knows that another lawyer has committed a violation of the Rules that raises substantial question as the lawyer's honest, trustworthiness or fitness as a lawyer shall inform the appropriate professional authority 🌼 A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raise substantial question as to the judge's fitness for office shall inform appropriate authority 🌼 Doesn't require disclosure of information otherwise protected by Rule 1.6
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Rule 8.4 - Misconduct
🌼It is professional misconduct for a lawyer to: - Violate or attempt to violate the Rules, knowingly assist or induce another to do so, or do so through the acts of another; - Commit a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects; - Engage in conduct involving dishonesty, fraud, deceit or misrepresentation - Engage in conduct that is prejudicial to the administration of justice; - State or imply an ability to influence improperly a gov't agency or official or to achieve result by means that violate the Rules or other law, or - Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law
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Rule 8.5 - Disciplinary Authority: Choice of Law
🌼 Lawyer admitted to this jurisdiction is subject to its disciplinary authority regardless of where the conduct occurs 🌼 Lawyer not admitted to this jurisdiction is also subject if he provides or offers to provide any legal services in the jurisdiction - May be subject to discipline in both jurisdictions 🌼 In any exercise of disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows: - For conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits; - For any other conduct, the rules of the jurisdiction in which the conduct occurred, unless predominate effect is in another jurisdiction; - SHALL NOT be subject to discipline if the lawyer's conduct conforms to the rules of a jurisdiction in which he reasonably believes predominant effect of conduct will occur

MPRE (1 decks)

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