Quick Reference to ABA Model Rules

Question 1

Model Rule 5.1

Answer 1

Responsibilities of managers, partners, and supervisory lawyers

Question 2

Model Rule 1.1

Answer 2

Competence

Question 3

Model Rule 1.2

Answer 3

Scope of Representation and Allocation of Authority Between Client and Lawyer

Two prong test:

1. To constitute ineffective assistance of counsel under the constitution, a lawyer’s error must be so serious that counsel was not functioning as the counsel guaranteed the defendant
2. There is a reasonable probability that, but counsel’s unprofessional errors the result of the proceeding would have been different.

Question 4

Model Rule 8.1

Answer 4

Bar Admission and Disciplinary Matters

Question 5

Model Rule 8.4

Answer 5

Misconduct

Question 6

Model Rule 4.1

Answer 6

Truthfulness in Statements to Others

Laywer shall not knowingly:
(b) must disclose a material fact or law to a 3rd person when disclosure is necessary to avoid assisting in a criminal or fraudulent act by a client. in addition to withdrawing from representation

Question 7

Model Rule 3.8

Answer 7

Special Responsibilities of a Prosecutor

Question 8

Model Rule 8.3

Answer 8

Reporting Professional Conduct (Snitch Rule)

Elements:

1. Knowledge
2. Commited a violation
3. Substantial question
4. Inform appropriate authority

Question 9

Model Rule 5.2

Answer 9

Responsibilities of a subordinate lawyer

Question 10

Model Rule 5.3

Answer 10

Responsibilities Regarding Nonlawyer Assistance (mirros 5.1)

Question 11

Model Rule 1.18

Answer 11

Duties to Prospective Clients

Question 12

Model Rule 1.9

Answer 12

Duties to Former Clients

Question 13

Model Rule 1.3

Answer 13

Duty of Due Diligence

Question 14

Model Rule 1.4

Answer 14

Communication

Question 15

Model Rule 3.3

Answer 15

Candor toward Tribunal

Question 16

Model Rule 4.1

Answer 16

Truthfulness in Statements to Others

Question 17

Model Rule 2.1

Answer 17

Candid Advice

Question 18

Model Rule 1.14

Answer 18

Client with Diminshed Capacity

Question 19

Model Rule 1.16

Answer 19

Terminating Relationship

(a) mandatory
(b) permissive

Question 20

Model Rule 1.6

Answer 20

Confidentality

Question 21

Model Rule 1.13

Answer 21

Organization as Client

Question 22

Model Rule 1.10

Answer 22

Imputation General Rule

Question 23

Model Rule 1.7

Answer 23

Current Clients

Question 24

Model Rule 1.8(g)

Answer 24

Conflicts of Interest: Current Clients: Specific Rules