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Professional Responsibility > Rule Bullet Points > Flashcards

Rule Bullet Points Flashcards

1
Q

Rule 1.1 Competence

A
  • Legal Knowledge & Skill
  • Thoroughness
  • Preparation reasonably necessary for representation
  • Maintaining Competence
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2
Q

Rule 1.2 Scope of Representation & Allocation of Authority Between Client & Lawyer

A
  • Client decides Objectives of Representation
  • Lawyer’s representation of a client does not constitute an endorsement of the client’s political/social/economic/moral views
  • Lawyer may limit scope of representation if reasonable
  • Lawyer cannot help a client commit a crime or fraud
  • Lawyer may discuss legal consequences of proposed course of conduct
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3
Q

Rule 1.3 Diligence

A

A lawyer shall act with Diligence & Promptness in representing a client

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4
Q

Rule 1.4 Communication

A

A) A Lawyer Shall:

1) Promptly inform client of decisions/circumstances where client’s informed consent is required
2) reasonably consult with client about how to accomplish the client’s objectives
3) Reasonably inform client about status of matter
4) Promptly comply with reasonable requests for information
5) Consult with client about limitations on lawyer’s conduct

B) Lawyer shall explain matter to the extent necessary to permit the client to make informed decisions

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5
Q

Rule 1.5 Fees

A
  • No unreasonable fees or expenses
    Factors to determine reasonableness:
    -time & labor required
    -likelihood that acceptance of employment will preclude the lawyer from other employment
    -fee for similar service
    -amount involved & results obtained
    -time limitations imposed by clients or circumstances
    -nature/length of relationship between lawyer and client
    -experience/reputation/ability of lawyer
    -fixed or contingent fee
    *Scope of Representation and the basis of rate/fee will be communicated to the client, preferably in writing.
    *Any changes in rate shall be communicated to the client
    *Contingent fee agreement should be in writing & signed by the client
    *Contingent fees not allowed for domestic relations matters or criminal defense
    *Fees may be divided between lawyers who are not at the same firm if:
    -division proportional to services performed by each lawyer
    -client agrees to arrangement, confirmed in writing
    -total fee is reasonable
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6
Q

Rule 1.6 Confidentiality of Information

A
  • Lawyer shall not reveal info relating to representation of a client unless there is informed consent
  • Lawyer may reveal info relating to representation of client to the extent the lawyer reasonably believes necessary:
  • to prevent reasonably certain death or substantial bodily harm
  • to prevent serious crime or fraud
  • to prevent/mitigate/rectify substantially injury to the financial interests or property of another (reasonably certain)
  • to secure legal advice about lawyer’s compliance with rules
  • for lawyer to defend themself
  • to comply with other laws or court orders
  • to detect/resolve conflicts of interest arising from the lawyer’s change of employment
  • Lawyer shall make a reasonable effort to prevent disclosure of information relating to the representation of a client
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7
Q

Rule 1.7 Conflict of Interest: Current Clients

A

Conflict of Interest exists if:

  • Representation of one client directly adverse to another client or
  • Significant risk representation of 1 or more clients will be materially limited by the lawyer’s responsibility to another

A lawyer may represent a client if:

  • Lawyer reasonably believes that they will be able to provide competent & diligent representation to each affected client
  • representation is not prohibited by law
  • does not involve assertion of a claim by one client against another client
  • each affected client gives informed consent in writing
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8
Q

Rule 1.8 Conflict of Interest: Current Clients: Specific Rules

A
  • Lawyer shall not enter into business transaction with client or acquire ownership adverse to a client unless:
  • Transaction terms are fair and reasonable to the client and are fully disclosed in writing in a manner that can be reasonably understood by the client
  • client is advised in writing of opportunity to seek independent legal counsel
  • client gives informed consent signed & in writing
  • Lawyer shall not use info relating to representation of client to disadvantage the client unless client gives informed consent
  • Lawyer shall not solicit any substantial gift from a client (exception for related persons)
  • Lawyer cannot negotiate and agreement giving lawyer media rights to portray account based on information related to representation
  • Lawyer may not financially assist a client except advancing court costs, court costs for indigent clients
  • Lawyer shall not accept compensation for representing a client from someone else unless
  • client gives informed consent
  • there is no interference with lawyer’s independence of professional judgement
  • information is protected by rule 1.6
  • Lawyer shall not represent two clients and initiate settlement unless each gives informed consent in writing and signed
  • Lawyer shall not
  • make agreement limiting lawyer’s ability to client for malpractice unless the client is independently represented in making the agreement
  • Lawyer shall not acquire ownership interests except for lien for lawyer fees/expenses and contracts for reasonable contingent fees
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9
Q

Rule 1.9 Duties to Former Clients

A
  • A lawyer who formerly represented a client in a matter shall not represent another person in the same or a substantially related matter in which the interests are materially adverse
  • same if the lawyer’s old firm previously represented a client
  • whose interests are materially adverse to that person, and
  • about whom the lawyer acquired info protected by rules 1.6 and 1.9(c)
  • Lawyer who formerly represented a client or whose firm/former firm represented a client shall not
  • Use information related to representation to disadvantage the former client
  • reveal info relating to representation
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10
Q

Rule 1.10 Imputation of Conflicts of Interest: General Rule

A

Lawyers in a firm shall not KNOWINGLY represent a client that any of them would be prohibited from representing alone UNLESS:
-Prohibition based on personal interest of the disqualified lawyer and does not present a significant risk of materially limiting representation OR
-Prohibition arises out of the disqualified lawyer’s association with a prior firm and
> the disqualified lawyer is screened for participation
>Written notice given to any affected former client

If lawyer leaves a firm, firm is not prohibited from representing a client materially adverse to the former lawyer’s former clients UNLESS

  • matter is the same or substantially related
  • Any lawyer remaining at the firm has information protected by the rules
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11
Q

Rule 1.11 Special Conflicts of Interest for Former & Current Government Officers & Employees

A

Lawyers who were formerly public officers cannot represent clients in connection with a matter the lawyer participated in personally and substantially as a public officer unless govt. agency gives informed consent.

Firm can screen lawyer out.

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12
Q

Rule 1.12 Former Judge, Arbitrator, Mediator or Other 3rd Party Neutral

A

Lawyer shall not represent anyone in connection with a matter the lawyer participated in as a judge/law clerk/mediator/etc. unless all parties to the proceeding give informed consent in writing.

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13
Q

Rule 1.13 Organization as Client

A
  • If lawyer is retained by an Organization the Organization is the client.
  • If lawyer knows employee or other person associated with the organization intends to act in a matter related to representation that is a violation to the legal obligation to the organization/is likely to injure the organization…lawyer shall act in the best interest of the organization.
  • Lawyer who believes he has been fired because of these actions can proceed so that the organization’s highest authority knows reason for firing.
  • Lawyer representing an organization may represent officers/directors/employees if the organization consents to dual representation
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14
Q

Rule 1.14 Client with Diminished Capacity

A
  • Lawyer should do their best to maintain normal client-lawyer relationship
  • When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client’s own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.
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15
Q

Rule 1.15 Safekeeping Property

A
  • Lawyer shall hold property of clients/3rd parties separate from the lawyer’s own property.
  • Funds shall be kept in a separate account
  • Records of accounts shall be preserved for 5 years after termination of representation
  • Lawyer deposits legal fees/expenses paid in advance in trust account and withdrawals once earned
  • Lawyer must notify client or 3rd person when receiving funds they have an interest in. Promptly deliver funds, and promptly render full accounting.
  • If dispute over funds property shall be kept separate by lawyer until dispute is resolved.
  • Lawyer shall promptly distribute any portion of funds not in dispute.
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16
Q

Rule 1.16 Declining or Terminating Representation

A

A lawyer shall not represent a client or shall withdrawal representation if:

  • the representation will result in violation of the rules of professional conduct
  • lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client
  • the lawyer is discharged

A lawyer may withdraw from representing a client if:

  • Withdrawal can be accomplished without material adverse effect on the interests of the client
  • Client persists in course of action involving lawyer’s legal services that the lawyer reasonably believes is criminal or fraudulent
  • Client has used lawyer’s services to perpetuate a crime/fraud
  • Client insists on taking action the lawyer considers repugnant or fundamentally disagrees with
  • Client fails to fulfill obligations to the lawyer regarding the lawyer’s services and has been given reasonable warning by the lawyer
  • representation=unreasonable financial burden on the lawyer OR Unreasonably difficult
  • Other good cause for withdrawal exists

Lawyer must give notice to tribunal or ask permission from the tribunal to withdrawal if the law requires.

When ordered to do so lawyer shall continue representation.

After terminating representation a lawyer still shall take steps reasonably practicable to protect the client’s interests.

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17
Q

Rule 1.17: Sale of Law Practice

A

Lawyer/Law Firm may sell or purchase a law practice (or area of a law practice) if:

a) Seller ceases to practice law or that area of law
b) The entire practice, or entire area of practice is sold to one or more lawyers or law firms
c) Seller gives written notice to clients regarding the proposed sale/client’s right to retain other counsel/Client consent to transfer presumed if client does not take action
d) Fees charged clients shall not be increased by reason of the sale

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18
Q

Rule 1.18: Duties to Prospective Clients

A

a) Person who consults with a lawyer = Prospective Client
b) Even when no client-lawyer relationship exists, a lawyer who has learned information from a prospective client shall NOT use or reveal that info
c) If lawyer receives info from prospective client than the lawyer may not represent someone materially adverse to the prospective client
d) If disqualified, no lawyer in the firm may undertake or continue representation unless:
* both the affected client and the prospective client give Informed Consent, confirmed in Writing; or
* the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and

  • the disqualified lawyer is screened
  • written notice is promptly given to the prospective client
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19
Q

Rule 2.1 Advisor

A

Representing a client a lawyer shall exercise:

  • professional judgment
  • and render candid advice.
Lawyer may refer not only to law but to:
*moral
*economic
*social 
*political factors 
that may be relevant to the client's situation.
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20
Q

Rule 2.3 Evaluation for Use by Third Parties

A

a) Lawyer MAY provide evaluation of matters affecting a client for the use of someone other than the client if the lawyer reasonably believes making the evaluation is compatible with other aspects of the lawyer’s relationship with the client
b) If the lawyer knows or SHOULD KNOW evaluation is likely to affect the client’s interests MATERIALLY and ADVERSELY =Lawyer shall NOT provide the evaluation UNLESS client gives informed consent

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21
Q

Rule 2.4: Lawyer Serving as a 3rd-Party Neutral

A

a) AKA service as an arbitrator/mediator/other capacity that enables the lawyer to assist parties to resolve the matter
b) Lawyer serving as 3rd party neutral shall inform parties that lawyer is NOT representing them. Shall explain if needed the difference between a lawyer’s role and the third-party neutral role.

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22
Q

Rule 3.1: Meritorious Claims and Contentions

A

Lawyer shall not bring frivolous lawsuits.

A lawyer for D of criminal proceeding MAY defend the proceeding as to require that EVERY element of the case be established.

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23
Q

Rule 3.2 Expediting Litigation

A

A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

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24
Q

Rule 3.3: Candor Toward the Tribunal

A

A lawyer shall not knowingly:
*make a false statement of fact or law to a tribunal

  • or fail to correct false statements of material fact or law made by the lawyer
  • fail to disclose directly adverse controlling legal authority
  • offer evidence the lawyer KNOWS to be FALSE
  • Lawyer may REFUSE to offer evidence (other than testimony of D in criminal matter) that a lawyer reasonably believes to be FALSE

A lawyer who represents a client in an adjudicative proceeding and knows that person intends to engage in/is engaging in/has engaged in Crim/fraudulent conduct related to the proceeding SHALL take reasonable remedial measures, INCLUDING IF NECESSARY disclosure to the tribunal.

In an Ex Parte proceeding shall inform the tribunal of material facts known to the lawyer that enable tribunal to make an informed decision (facts may be adverse)

25
Q

Rule 3.4: Fairness to Opposing Party & Counsel

A

A Lawyer shall not:

  • Unlawfully obstruct another party’s access to evidence (also includes altering/destroying/concealing). Shall not counsel another person to do any such act.
  • Falsify evidence
  • Counsel a witness to testify falsely
  • Knowingly disobey an obligation under rule of tribunal
  • Make a Frivolous discovery request
  • In trial: assert personal knowledge of facts/state personal opinion as to justness of cause/credibility of witness/guilt or innocence of the accused
  • Request a person (other than client) refrain from voluntarily giving information to another party unless:
  • the person is a relative or an employee or other agent of the client
  • the lawyer reasonably believes there person’s interests will not be adversely affected by refraining from giving such information.
26
Q

Rule 3.5: Impartiality and Decorum of the Tribunal

A

A Lawyer Shall Not:

  • Seek to Influence Judge/Juror/other Official by means prohibited by law
  • Communicate with Judge/Juror/other Official ex party during the proceeding
  • Communicate with Juror after discharge of jury if:
  • communication is prohibited by law
  • juror has made known to lawyer does not desire to communicate
  • communication involves misrepresentation/coercion/duress/harassment

*Engage in conduct intended to disrupt the tribunal

27
Q

Rule 3.6: Trial Publicity

A
  • Lawyer shall not make extrajudicial statements that may be disseminated publicly and have a SUBSTANTIAL LIKELIHOOD of materially prejudicing the proceeding in the matter.
  • Lawyer MAY make a statement that a reasonable lawyer would believe required to PROTECT A CLIENT from undue prejudicial effect of recent publicity not initiated by lawyer or client.
28
Q

Rule 3.7: Lawyer as Witness

A

Lawyer shall not be witness/advocate in the same trial unless:

  • Testimony relates to an uncontested issue
  • testimony relates to nature and value of legal services rendered in the case
  • disqualification of the lawyer would work substantial hardship on the client

Lawyer can be advocate even if another lawyer in his firm is likely to be called as witness.

29
Q

Rule 3.8: Special Responsibilities of a Prosecutor

A
  • Do NOT make charges not supported by probable cause
  • Make sure the accused knows he has the right to obtain counsel And is given opportunity to obtain counsel
  • Not seek to obtain from an unrepresented accused a waiver of important pretrial rights
  • Make timely disclosure of all evidence that tends to negate the guilt of the accused (to the defense)
  • Refrain from making extrajudicial comments that have a SUBSTANTIAL LIKELIHOOD of heightening public condemnation of the accused
  • When he knows of NEW/CREDIBLE/MATERIAL EVIDENCE creating a reasonable likelihood that a convicted D did NOT commit an offense, the prosecutor shall:
  • Disclose evidence to appropriate court/authority
  • Investigate or cause an investigation to determine whether the D was falsely convicted

*Prosecutor shall seek to remedy false convictions based on knowledge of CLEAR & CONVINCING evidence

30
Q

Rule 3.9: Advocate in Non-adjudicative Proceedings

A

Shall disclose appearance is in a representative capacity

31
Q

Rule 4.1: Truthfulness in Statements to Others

A

A lawyer shall not knowingly:

Make false statements of material fact/law to 3rd persons

Fail to disclose a material fact to a 3rd person WHEEN disclosure is necessary to avoid assisting in CRIM/FRAUD act by client. [unless disclosure prohibited by 1.6]

32
Q

Rule 4.2: Communication with Person Represented by Counsel

A

In representing a client, a lawyer SHALL not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer UNLESS CONSENT of the other lawyer or authorization by law or court order.

33
Q

Rule 4.3: Dealing with Unrepresented Persons

A
  • Dealing with a person not represented by counsel, lawyers shall not state or imply that the lawyer is disinterested.
  • Shall make reasonable efforts to correct misunderstandings regarding the lawyer’s role in the matter.
  • Shall not give legal advice to the unrepresented person other than the advice to seek counsel.
34
Q

Rule 4.4: Respect for the Rights of 3rd Persons

A
  • Lawyer shall not use means that have no substantial purpose other than to embarrass/delay/burden a 3rd person
  • Lawyer who receives a document/electronically stored info relating to representation of the lawyer’s client and knows/reasonably should know the document was inadvertently sent shall PROMPTLY notify the sender.
35
Q

Rule 5.1: Responsibilities of Partners, Managers and Supervisory Lawyers

A

a) A partner in a law firm shall make REASONABLE EFFORTS to ensure the firm has measures in effect that give reasonable assurance that ALL LAWYERS in the firm conform to RPCs!
b) Lawyer with direct supervisory role over another lawyer shall make reasonable efforts to ensure that lawyer conforms to RPCs!

c) A lawyer shall be responsible for another lawyer’s violation of the rules if:
- the lawyer ORDERS or RATIFIES the conduct
- the lawyer=a partner/supervisor and knows of the conduct at the time when its consequences can be avoided/mitigated but fails to take reasonable remedial action

36
Q

Rule 5.2: Responsibilities of a Subordinate Lawyer

A
  • LAWYER Bound by RPCs even though a lawyer may act at the direction of another person.
  • A subordinate lawyer does NOT violate the RPCs if the lawyer acts in accordance with the supervisory lawyer’s reasonable resolution of an arguable question of professional duty.
37
Q

RPC 5.3: Responsibilities Regarding Non-lawyer Assistance

A

a) Partners/Lawyers in Managerial Positions must take reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that nonlawyer conduct is compatible with professional obligations of the lawyer.
b) Lawyers who are Direct supervisors of nonlawyers shall make reasonable efforts to ensure the person complies with RPCs

c) Lawyer responsible for violations by non-lawyers if:
- Lawyer orders or Ratifies the conduct
- Lawyer is supervisor/manager/partner and knew of the conduct at the time when its consequences could be avoided/mitigated but failed to take remedial action.

38
Q

Rule 5.4: Professional Independence of a Lawyer

A

a) No sharing legal fees with non-lawyers
b) No forming partnerships with non-lawyers if any of the activities of the partnership consist of the practice of law
c) Lawyer shall not permit a person who recommends/employs/pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services
d) Lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit if:
- nonlawyer owns any interest
- nonlawyer is a corporate director thereof
- nonlawyer has the right to direct/control professional judgment of the lawyer

39
Q

Rule 5.5: Unauthorized Practice of Law; Multi-jurisdictional Practice of Law

A

a) Don’t practice in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction.

b) A lawyer who is not admitted to practice in a jurisdiction shall not:
- establish office or continuous presence in that jurisdiction for practice of law
- represent that the lawyer is admitted to practice law in the jurisdiction

c) May provide legal services on a temporary basis in this jurisdiction that;
-are undertaken in association with a lawyer who is admitted to practice in the jurisdiction and who ACTIVELY participates in the matter
-arise out of/reasonably related to the lawyer’s practice in a jurisdiction where the lawyer IS ADMITTED to practice law
…
VERY CONFUSING

40
Q

Rule 5.6: Restrictions on Right to Practice

A

A Lawyer Shall not participate in offering or making:
a) An agreement restricting the lawyer’s right to practice after leaving the firm

b) An agreement where a restriction on the lawyer’s right to practice is part of the settlement of a client controversy

41
Q

Rule 5.7: Responsibilities Regarding Law-Related Services

A

When a lawyer performs law-related services she is subject to the RPCs

Law Related Services: Services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services [not prohibited to non-lawyers]

42
Q

Rule 6.1: Pro Bono Service

A

PROFESSIONAL RESPONSIBILITY TO PROVIDE LEGAL SERVICES TO THOSE UNABLE TO PAY!

  • Aspire to 50+ joins per year to persons of limited means/charities/community organizations
  • groups or organizations seeking to secure or protect civil rights/civil liberties/public rights
  • Participate in activities for improving the law/legal system/legal profession
  • Lawyer should contribute financial support to organizations that provide legal services to persons of limited means
43
Q

Rule 6.2: Accepting Appointments

A

Lawyers shall not seek to avoid appointments by a tribunal to represent a person EXCEPT FOR:

a) representation likely to result in violation of RPCs
b) representation=unreasonable financial burden on the lawyer
c) client/cause= SO REPUGNANT to the lawyer, Impairs the lawyer-client relationship

44
Q

Rule 6.3: Membership in Legal Services Organization

A

Lawyers may serve legal services organizations even if the organization may have interests adverse to the lawyer’s firm.

The lawyer shall not KNOWINGLY participate in a decision or action of the organization:

a) if participating would be incompatible with 1.7
b) where the decision could have a MATERIAL EFFECT on the representation of a client of the organization whose interests are adverse to a client of the lawyer.

45
Q

Rule 6.4: Law Reform Activities Affecting Client Interests

A

A lawyer may serve an organization involved in law reform, even though the reform may affect the interests of a client of the lawyer.

Lawyer can disclose to client if a decision by the organization will benefit the client but does not have to.

46
Q

Rule 6.5: Nonprofit and Court-Annexed Limited Legal Services Programs

A

A lawyer providing short term legal services through court/non-profit:

  • Is subject to rules 1.7 and 1.9 if the lawyer KNOWS the representation of the client involves a conflict of interest; and
  • is subject to rule 1.10 ONLY IF the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by 1.7 or 1.9 with respect to the matter.
47
Q

Rule 7.1: Communications Concerning a Lawyer’s Services

A

Lawyer shall NOT make false or misleading statements about the lawyer or her services.

48
Q

Rule 7.2: Advertising

A
  • A lawyer may advertise subject to 7.1 and 7.3.
  • Lawyer shall not give anything if value to a person for recommending the lawyer’s services except:
  • costs of advertisements
  • cost of referral service
  • pay for a law practice
  • may refer clients to another lawyer pursuant to an agreement not otherwise prohibited under the rules that provides for the other person to reefer clients to the lawyer if: the reciprocal referral agreement is not exclusive and the client is informed of the existence/nature of the agreement
49
Q

Rule 7.3: Solicitation of Clients

A

a) CANNOT solicit clients in person, on the phone or with real-time electronic contact unless there person contacted:
- Is a lawyer, or
- has a family, close personal or prior professional relationship with the lawyer

b) CANNOT solicit professional employment by written/recorded/electronic communications or in-person/telephone/real-time electronic contact if:
- TARGET HAS MADE KNOWN TO LAWYER A DESIRE NOT TO BE SOLICITED
- Solicitation involves COERCION/DURESS/HARASSMENT

c) Solicitations shall include the words “advertising material” on the outside of the envelope and at the beginning/end of any recorded or electronic communication

50
Q

Rule 8.1: Bar Admission and Disciplinary Matters

A

An applicant for admission to the bar shall not:

  • Knowingly make a false statement of material fact, or
  • fail to disclose a fact necessary to correct a misrepresentation, or
  • knowingly fail to respond to a lawful demand for information from an admissions/disciplinary authority

EXCEPT INFORMATION PROTECTED BY RULE 1.6 (:

51
Q

Rule 8.3: Reporting Professional Misconduct

A

a) A lawyer who knows that another lawyer has violated the RPCs that raises a SUBSTANTIAL QUESTION as to that lawyer’s trustworthiness/honesty/fitness as a lawyer SHALL INFORM THE APPROPRIATE LEGAL AUTHORITY.
b) Same with judges.
c) Does not require disclosure of information protected by Rule 1.6 or gained during an approved lawyer assistance program.

52
Q

Rule 8.4: Misconduct

A

Professional Misconduct for a Lawyer to:
*Violate the RPCs, Knowingly assist or induce another to do so, or do so through the acts of another!

  • Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer
  • Engage in conduct involving DISHONESTY/FRAUD/DECEIT/MISREPRESENTATION
  • Engage in conduct that is Prejudicial to the administration of Justice
  • State/Imply ability to improperly influence govt. agency or official
  • KNOWINGLY assist a judge or judicial officer in conduct that violates the judicial rules or the law; or
  • Engage in conduct that the LAWYER KNOWS or REASONABLY SHOULD KNOW is harassment/discrimination on the basis of race/sex/religion/national origin/ethnicity/disability/age/sexual orientation/gender identity/ marital status/socioeconomic status in CONDUCT RELATED TO THE PRACTICE OF LAW.
53
Q

Rule 8.5: Disciplinary Authority; Choice of Law

A

*Admitted to practice in a jurisdiction=subject to discipline in jurisdiction REGARDLESS of where the conduct occurs.

  • May be subject to discipline in multiple jurisdictions.
  • Generally use rules where the tribunal sits
  • Sometimes may apply the rules of where the conduct occurred
  • A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur.
54
Q

“Confirmed in Writing”

A

Denotes informed consent that is given in writing by the person or the lawyer transmits to the person confirming an oral informed consent.

55
Q

“Informed Consent”

A

Agreement by the person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

56
Q

“Knowingly”

A

Denotes actual knowledge

A person’s knowledge may be inferred from the circumstances

57
Q

“Reasonable Belief”

A

denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable

58
Q

“Writing”

A

A tangible or electric record of a communication or representation

A signed writing includes an electronic sound/symbol/process attached to or logically associated with a writing and executed or adopted by a person with intent to sign the writing.

Professional Responsibility (2 decks)

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