Pro Rep Outline
What is Professional Responsibility?
o Why Do We Need Rules? What are they aimed at doing?
o To protect the client from the atty overreaching do to their disparity in power
o More effective and efficient administration of justice
§ If you closely define the minimally acceptable behavior, there is a danger of encouraging attys to push the minimum standard
o It encourages behavior that is inappropriate but does not violate any rules
§ Is it really encouraging attys to behave ethically
§ It prevents those from actually doing more ethically morally behavior
§ Tension /ambiguity in defining behavior that is minimally accepted
· Ex: Discretionary rules that say the Atty “may” disclose” and you’re the type that never discloses
Lawyer’s Basic Fiduciary Duties
1. Confidentiality
2. Loyalty
3. Competence
4. Communication
Preamble1. Lawyer is:
a. representative of clients
b. officer of legal system
c. public citizen with responsibility for justice
2. Lawyer performs various functions:
a. Advisor: informs client of rights and implications
b. Advocate: zealously asserts clients position under adversary system
c. Negotiator: seeks result advantageous for client but consistent honest dealing with others
d. Evaluator: Reports to clients about legal affairs
3. Lawyer may serve as a 3rd party neutral; There are rules that apply to lawyers not practicing
4. Lawyer should be competent, prompt and diligent; Maintain communication with client; Keep info in confidence except for info. required by Rules
5. Lawyer should use law only for legitimate purposes and not to harass others; Demonstrate respect for those in legal system
6. Lawyer should seek improvement of the law; further the public’s understanding and confidence in law and justice system; Lawyer to should be mindful of those who cannot afford adequate legal assistance
7. Lawyer should also be guided by personal conscience and the approbration of professional peers. Preserving client’s confidences will serve public interest because people are more likely to seek legal advice
8. When difficult issues of professional discretion arise, such issue must be resolved by sensitive professional and moral judgment and guided by the Rules
9. Legal profession is self-governing; ultimate authority is vested largely in the courts10. Self-regulation helps maintain the legal profession’s independence
11. The profession has a responsibility to assure its
ion violating the regulation of the legal prof. in that juris., or assist another in doing so
o attny NOT admitted to practice in A juris. shall NOT:
§ esta. an office or other systematic and continuous presence in this juris. for the practice of law OR
§ represent or hold out that attny is admitted to practice in that juris.
o attny admitted in juris. X MAY temporarily practice in a juris. Y if:
§ ***is working in assoc. w/ an attny who is admitted to practice in Y juris. AND ACTIVELY PARTICIPATES in the matter OR
§ is in or in a reas. related proceeding if the attny or the person the attny is assisting is authorized by law or order to appear in such proceeding or reas. expects to be so authorized OR
§ is in a reas. related pending or potential ADR, IF the services arise out of or are reas. related to the attny’s practice in X juris. OR
arise out of or are reas. related to the attny’s practice in a juris. in which the attny is admitted to practice
