Professional Responsibility Outline

RPC
 
1.0–TERMINOLOGY
a)     “belief” or “believes”–the person involved actually supposed the fact in question to be true. A person’s belief may be inferred from the circumstances.
b)     “confirmed in writing” when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an orally informed consent.
·         If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.
c)      “Firm” or “law firm”–a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship, or other association authorized to practice law, OR lawyers employed in a legal services organization or the legal department of a corporation or other organization.
d)     “fraud” or “fraudulent”–conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and have a purpose to deceive
e)     “Informed consent”—the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate info and explained the material risks of and reasonably available alternatives to the proposed action
f)        “knowingly,” “known,” or “knows” denotes actual knowledge of the fact in question.
·         A person’s knowledge may be inferred from the circumstances
g)     “partner”—member of a partnership, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law
h)     ”reasonable” or “reasonably”–when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer
i)       “reasonable belief” or “reasonably believes”—when used in reference to a lawyer, denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable
j)       “reasonably should know”—when used in reference to a lawyer, denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question
k)     “screened”—the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect
l)       “substantial”—when used in reference to degree or extent, denotes a material matter of clear and weighty importance
m)   “tribunal”—a court, arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity.
a.       A legislative body, administrative agency, or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party’s interests in a particular matter
n)     “writing” or “written”—a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio, video recording, and e-mail.
a.       A “signed” writing includes an electronic sound, symbol, or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing
 
8.1 BAR ADMISSION AND DISCIPLINARY MATTERS
An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:
a)     Knowingly make a false statement of material fact; OR
b)     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 a lawful demand for information from an admissions or disciplinary authority,
c)      Don’t have to disclose information protected by Rule 1.6
 
Morris v. Character and Fitness Appeal Board of Alabama State Bar
–          It is the burden of the applicant to prove or disprove their character and fitness.
 
 
8.4 MISCONDUCT
It is professional misconduct for a lawyer to:
a)     Violate or attempt to violate the RPC, knowingly assist or induce another to do so, or do so through the acts or another;
b)     Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
c)      Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
d)     Engage in conduct that is prejudicial to the administration of justice;
e)     State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the RPC or other law; OR
f)       Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law
 
**Purpose of discipline:
–          Punish the errant attorney
–          Deter other attorneys from the same conduct
–          Protect the public and encourage public confidence
**Burden of proof in disciplinary casesàCLEAR and CONVINCING evidence
**Possible sanctions:
–          Diversion
–          Reprimand
–          Suspension
–          Disbarment
 
 
3.7 LAWYER AS A WITNESS
a)     A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless:
1.      The testimony related to an uncontested issue
2.      The testimony relates to the nature and value of legal services rendered in the case; OR
3.      Disqualification of the lawyer would work substantial hardship on the client.
b)     A lawyer may act as advocate in a trial in which another lawyer in the lawyers firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or 1.9
 
 
 
1.1 COMPETENCE
A lawyer shall provide competent representation to a client. Competent representation requires:
a)     the legal knowledge,
b)     skill,
c)      thoroughness, and
d)     preparation
–          reasonably necessary for the representation.
 
–          Comment [1]: relevant factors for the requisite “knowledge and skill”
o       The nature of the matter,
o       experience,
o       training and experience in the particular field,
o