PROFESSIONAL RESPONSIBILITY OULINE AND ABA MODEL RULES
Rule 1.1 — Competence
A) A lawyer shall provide competent representation to a client consisting of:
i) Legal Knowledge (keeping abreast of law)
ii) Skill
iii) Thoroughness
iv) Adequate Preparation
1. Factors
a. Relative complexity
b. Specialized nature of matter
c. Lawyer’s general experience
d. Lawyer’s training
e. Experience in field
f. Study and preparation
g. Association with competent lawyer
Rule 1.2 — Scope of Representation
A) Unless otherwise stated in rules, lawyer shall abide by client’s decision regarding objectives of representation
i) Lawyer shall consult with client about how to achieve objectives
1. Client decides:
a. whether to plead guilty
b. whether to settle civil suit
c. whether to testify
d. whether to plea bargain
e. whether to waive right to speedy trial
f. whether to appeal
2. Lawyer decides:
a. whether to call a witness even if client insists
b. whether to waive late filing or extend time
c. what witnesses to call
d. whether to conduct cross-examination
e. strategic/tactical matters
B) Representation of client does not constitute endorsement of client’s political, economic, social or moral views
C) Lawyer may limit scope of representation, if reasonable and have informed consent of client
D) Lawyer shall not counsel client to engage or assist client in crime or fraud
Rule 1.3 — Diligence
A) A lawyer shall act with reasonable diligence and promptness
i) Lawyer shall pursue matter despite opposition, obstruction or personal inconvenience to lawyer
ii) Lawyer must act with commitment and zeal to client
iii) Lawyer must control work load
iv) Lawyer should not procrastinate (S/L for example)
Rule 1.4 — Communication
A) Lawyer shall:
i) promptly inform client of any circumstances requiring informed consent
ii) reasonably consult with client about means of achieving client objectives
iii) keep client reasonably informed about status
iv) promptly comply with reasonable requests for information
v) consult with client about relevant limitations on lawyer’s conduct
B) Explain matter to extent reasonably necessary to permit client to make informed decisions
i) Determine How To Communicate With Client
1. telephone
2. email
3. fax
4. mail
5. other
a. Remember ethical duty of confidentiality
i. Listen
ii.
ld not enter into agreement whereby services provided to certain point when foreseeable more services required, unless fully explained to client at outset
4. Lawyer should not use wasteful procedures to churn fee
E) Contingency Fees
i) Shall be in writing
ii) Signed by the client
iii) Shall state method by which fee to be determined, including percentage
iv) Must notify client of expenses for which responsible
v) If recovery, lawyer shall provide settlement statement
vi) Not permitted in divorce or criminal cases
vii) Proper to use in post judgment of divorce matters
F) Division of Fees
i) Division of fees between lawyers not in same firm only allowed if:
1. Division in proportion to services provided OR each lawyer assumes joint responsibility
2. Client agrees as to each lawyer’s share and agreement confirmed in writing, AND
3. Total fee is reasonable
G) Getting Paid
i) Fee Arrangements
1. Hourly
2. Fixed/flat
Contingency
