Regulation, Discipline & Liability Flashcards
Rule 12.D - Client Crimes
Creates liability on attorneys for assisting their clients in conduct they know (and sometimes, should have known) was illegal or fraudulent; but allows for counseling on these topics
Rule 8.3 – Professional Misconduct Reporting
Language: (1) A lawyer who knows that another lawyer has committed a violation of the rules of professional conduct (2) that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, (3) shall inform the appropriate professional authority
Exceptions: information otherwise protected by Rule 1.6 (confidentiality)
Rule 5.1 - Partners and Associates
(1) A lawyer, or group with managerial authority, shall make reasonable efforts to ensure all lawyers in the law firm conform to the rules of professional conduct
(2) A lawyer shall be responsible for another lawyer’s conduct if . . .
(a) The lawyer orders–or with specific knowledge of the conduct, ratifies the conduct involved; or
(b) The lawyer is a partner, has direct supervisory authority, and knows of the conduct at a time when consequences can be avoided but fails to take remedial action
Rule 5.2 - Associates and Subordinate Lawyers
(1) A lawyer is bound by the Rule of Professional Conduct notwithstanding that the lawyer acted at the direction of another person
(2) A subordinate lawyer does not violate the Rules if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty
Rule 5.3 - Lawyers and Non-lawyers
All lawyers who directly supervise or have managerial authority over non-lawyers must make reasonable efforts to ensure they conform with the rules of professional conduct–applies similarly to Rule 5.1
Fiduciary Duties Owed to Clients
1) Safeguarding the client’s confidence and property
2) Avoiding impermissible conflict interests
3) Adequately informing the client
4) Following instructions of the client
5) Not employing powers arising from the client-lawyer relationship adversely affects the client
