RULES OVERVIEW
Client-Lawyer Relationship
Rule 1.1 Competence
A. Lawyer shall be competent – knowledge, skill, thoroughness, and preparation
Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer
A. Client is principle and lawyer is his agent
B. (d) Lawyer shall not counsel a client to engage, or assist a client in conduct that the lawyer knows is criminal or fraudulent
Rule 1.3 Diligence
A. Lawyer must act with reasonable diligence and promptness, zealousness and no procrastination
Rule 1.4 Communications
B. Lawyer shall inform client, reasonably consult client for objectives, keep client reasonably informed, comply with reasonable requests for info, consult with client
Rule 1.5 Fees
A. Lawyer shall charge reasonable fees
Rule 1.6 Confidentiality of Information
A. Lawyer shall not reveal info relating to represent of client unless client gives informed consent, disclosure implied authorized to carry out representation of client or in (b) exceptions
Rule 1.7 Conflict of Interest: Current Clients
A. (a) Lawyer shall not represent where involves a concurrent conflict where direct adversity and significant risk of materially limited by lawyer’s responsibilities to another client, former client or 3rd person, or by personal interest of lawyer
B. (b) Exceptions
Rule 1.8 Conflict of Interest: Current Clients: Specific Rules
A. (a) Lawyer shall not enter into a business transaction with a client, unless…
B. (b) Lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client consents.
C. (c) Lawyer shall not solicit any substantial gift from client
D. (d) Prior to conclusion of rep, lawyer shall not make or negotiate agreement for literary or media rights
E. (e) Lawyer shall not provide financial assistance to client in connection with pending or contemplated litigation, except that…
F. (f) Lawyer shall not accept compensation from one other than the client unless…
G. (h) Lawyer shall not make an agreement prospectively limiting lawyer’s liability for malpractice.
H. (i) Prohibits lawyers from acquiring interest in litigation on behalf of client, except for permitted liens and contingent fees
I. (k) Financial interest conflicts of one lawyer in firm are imputed to all other lawyers in firm
Rule 1.9 Duties to Former Clients
A. Cannot represent in same or substantially related matter, in which person’s interests are materially adverse, unless former client gives informed consent, confirmed in writing
Rule 1.10 Imputation of Conflicts of Interest: General Rule
A. General Rule: while lawyers are associated in firm, none shall knowingly represent client when any one of them practicing alone would be prohibited from doing so.
Rule 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees
A. Lawyer who has formerly served as a public officer or employee of the government shall not represent client in connection with a matter lawyer participated personally and substantially as public officer or employee
Rule 1.13 Organization as Client
A. Lawyer representing organization represents organization, not employees.
Rule 1.14 Client with Diminished Capacity
A. Lawyer must as normal relationship. May take protective action (seek guardian).
Rule 1.16 Declining or Terminating Representation
A. Requires lawyer to withdraw if continued representation would result in a violation of the rules
Rule 1.18 Duties to Prospective Client
A. A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.
Advocate
Rule 3.1 Meritorious Claims and Contentions
A. Lawyer shall not bring frivolous lawsuit
Rule 3.3 Candor toward the Tribunal
A. (a)(1) – shall not make knowingly false statement, or fail to correct a prior false statement
B. (a)(2) – must divulge negative controlling legal authority in that jurisdiction
C. (a)(3) – cannot offer evidence known to be false
D. (b) requires lawyers to take remedial measures, which could include informing tribunal if client refuses to correct record (where client is making false statements)
E. (d) Exception – ExParte proceeding
Rule 3.4 Fairness to Opposing Party and Counsel
A. Lawyer shall not (a) unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. Lawyer shall not couns
supervisor’s reasonable (not absolute) resolution of arguable issue
Information About Legal Services
Rule 7.1 Communication Concerning a Lawyer’s Services
A. Bars lawyers from making false or misleading statements about themselves or their services
B. Statement “is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make statement considered as a whole not materially misleading
Rule 7.2 Advertising
A. Lawyer may advertise services through written, recorded or electronic communication, including public media
Rule 7.3 Direct Contact with Prospective Clients
A. A lawyer shall not contact solicit professional employment from a prospective client when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless…
Maintaining the Integrity of the Profession
Rule 8.3 Reporting Professional Misconduct
A. lawyer shall report improper conduct if knows of another lawyer’s misconduct
Rule 8.4 Misconduct
A. (a) it is professional misconduct for lawyer to violate one of the rules or to knowingly assist or induce another lawyer to do so or to do so thru acts of another
B. (c) a lawyer cannot engage in conduct involving dishonesty, fraud, deceit, or misrepresentation
PR IN GENERAL
I. Three-way dilemma: Confidentiality, withdrawal, and liability
A. Shall not counsel or assist wrongful conduct by client – Rule 1.2(d)
B. Shall not reveal confidentiality, but exceptions – Rule 1.6
C. Shall not make false statements to 3rd parties or fail to disclose to avoid assisting criminal or fraud act – Rule 4.1
D. Withdrawal, both mandatory and permissive – Rule 1.16(a) & (b)
E. Representing organizations and running evidence of wrongdoing up the chain of command – Rule 1.13(a) & (b)
