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Model Rules of Professional Conduct

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lmuscari's version from 2017-04-09 15:55

Section

Question Answer
1.1Competence
1.2 (a)Client=means,settle, plea, jury, testify, expense,3rd persons
1.2(b)Not endorsement
1.2(c)reasonable limit: scope
1.2(d)No assisting crime/fraud, but can discuss
1.3Diligence and Promptness
1.4(a)Comm. w/client Re: (1) promptly inform (2) consult re means (3)keep informed (4) reply (5) inform re limits on lwyr
1.4(b)Explain so client can make informed decisions
1.5(a)Reasonable Fee and Factors
1.5 (b)Communicate fee
1.5 (d)No charge for crim case or domestic relations
1.6 (a)Confidentiality unless consent, implied, hypo or 1.6(b)
1.6 (b)Reveal confidence if:(1)body harm/death (2) prevent fraud using services-present (3) prevent 2, past (4) legal advice
1.6 (c)prevent access to info.
1.7 (a)No rep if (1) directly adverse clients (2) Risk limit responsibility to client
1.7 (b)Ok rep if: (1)competent to each (2)not against law (3)no claim b/t clients in same proceeding (4) Informed consent
1.8(a)No business unless (1)fair (2) seek cnsl in writing (3) informed consent
1.8 (b)No use of info to disadvantage client except by consent
1.8(c)No gift/will unless related
1.8(d)no media rights until after rep.
1.8(e)no financial assistance only (1)advance (2) pay costs of lit.
1.8(f)Money from other (1) consent (2)no interference, AND (3)1.6 protection
1.8(g)No aggregate settlement unless consent from all clients
1.8(h)(1)Agreement to waive malpractice needs indp. rep (2)advise unreprstd person to get counsel before settling
1.8(i)no proprietary interest except (1) lean (2) contingent fee
1.8(j)No sex unless happened before
1.8(k)all but sex in 1.8 apply to all in firm
1.9 (a)no rep of same/substly same matter adverse to former client
1.9 (b)no rep of person at last firm where (1) interest adverse (2) acquired info. material to matter UNLESS written consent
1.9 (c)No (1) using info. from former client to disadvantage OR (2)reveal info.
1.10(a)Imputation unless (1) Personal interest (2) timely screen, notice to client & former client
1.10(b)No rep to client if former firm repped client with (1)adverse interest (2) lawyer acquired info. protected under 1.6
1.10(c)No using info from former client to: (1) disadvantage OR (2) reveal info.
1.14(a)Normal relation w/diminished capacity client
1.14(b)Diminished capacity client at risk, appoint guardian or consult indvls/entites
1.14(c)Revel info re client only to extent necessary
1.15(a)hold property separate unless client consent
1.15 (b)Lawyer can pay bank service charges
1.15(c)Withdraw only as earned from client trust
1.15(d)Notify client of receipt of property
1.15 (e)If money conflict: Keep separate until resolved
1.16(a)Will withdraw if (1)violation of rules/law (2)Condition impairs you (3) Discharged
1.16(b)May withdraw: (1) no adverse effect (2/3) crime/fraud (4)client repugnant (5)client doesnt pay (6) financial burden (7) good cause
1.16 (c)notify/permission from tribunal when terminating rep
1.16(d)Must protect client interests: notice, time, surrender property, refund
2.1Give advice
3.1No frivolous law/arg.
3.3 (a)No (1) false statement (2) not disclose legal authority (3) offer false evidence honor client dec. to testify
3.3 (b)Take remedial measures re crime fraud in proceeding
3.3 (c)continues until end even if protected by 1.6
3.3 (d)Ex Parte: Inform all facts
3.4(a)No obstruction to evidence
3.4 (b)falsify evidence/assist false testimony
3.4(c)disobey rules of tribunal
3.4 (d)Frivolous discovery request, fail to comply with discovery
3.4(e)allude to matter not supported/opinion
3.4(f)request w/holding of info unless relative or employee, or interest of person wont be adversely effected
3.5(a)No influence on judge, juror
3.5(b)no ex parte communication during proceeding
3.5 (c)No talking to jury after proceeding if: prohibited by law, juror says not to, involves harassment.
3.5(d)Dont disrupt tribunal
3.6(a)no statement that will be prejudicial to proceeding
3.6(b)May state: claim, public record, "matter in progress". dates, ask for assistance, warning (public interest) identity of person.
3.6(c)Can make statement required to protect client from prejudicial effect
3.6(d)No prejudicial comments by ppl in firm or gov't agency
3.7 (a)Lawyer can't be witness unless: (1) uncontested issue (2) relates to legal services (3) disqualification would be hardship on client
3.7 (b)Can rep if another lawyer in firm is witness
3.8 (a)No prosecuting w/out PC
3.8(b)assure accused advised of right to counsel
3.8(c)dont seek waiver of pretrial rights
3.8 (d)Timely disclosure of evidence
3.8 (e)No subpoena for info re past client unless: essential, not privileged, no other way.
3.8 (f)No prejudicial comments
3.8(g)If evidence that D did not commit: (1) disclose to crt, and if conviction: 2) disclose to D and undertake further investigation
3.8 (h)Clear and convincing that person didnt do it: remedy conviction
3.9Rep in non adjudicative proceeding must say appearing in rep capacity
4.2If counseled, must get consent by lawyer or court to talk to them
4.3Unrepresented? Cant say disinterested, correct misunderstanding, no legal advice.
4.4(a)no means to embarass/delay/burden 3rd person or violate obtain evidence
4.4(b)Receive accidentally sent email? notify sender
5.1(a)Partner efforts for methods to assure conform to rules
5.1(b)Direct supervisor: ensure subordinate conforms
5.1(c)dont order/ratify/know of conduct that breaks rules or partner knows and doesnt avoid/take remedial action
4.1(a)No false statement to 3rd person
4.1(b) Disclose fact to avoid assisting in fraud/crime unless prohibited by 1.6
5.2(a)Subordinate bound by rules unless judgement call then on superior attny.
5.2(b)Nuremberg defense okay if superior gives reas. resolution to arguable question of professional duty
5.3(a)Efforts to ensure non lawyer conduct compatible with rules (partner)
5.3 (b)Efforts to ensure non lawyer conduct compatible (direct supervisor)
5.3(c)No ordering, ratifying conduct against rules or not mitigating consequence of broken rules
5.4(a)No sharing legal fees with nonlawyer unless estate, employee retirement/comp. plan, or award share to non profict org.
5.4(b)No partnership with nonlawyer where activities involve practice of law
5.4(c)person paying cant direct/regulate lawyer's professional judgment
5.4(d)Cant practice law if non lawyer owns interest, is a director/officer, or controls professional judgment
5.5(a)Cant practice/assist other to practice in jdx not licensed.
5.5(b)Lawyer not admitted in a jdx may not establish a systematic presence to practice or hold to public that they are admitted.
5.5(c)May provide temp services if in association, authorized to appear, mediation/arb. related to practice in jdx, arises out of lawyers practice in jdx
5.5(d)Corp or Govt
6.1(a)Aspire to 50 hrs probono
memorize

 

Question Answer
7.1No false/misleading statement
memorize
7.2(a) :May advertise thru written/recorded/electronic Communication
Question Answer
7.2(b)May pay usual cost for ad, referral but referral must not be exclusive, and client informed of agreement
memorize
7.2(c) :Communication must include address and lawyer/firm responsible
Question Answer
7.3(a)no solicitation when motive pecuniary gain unless person is a lawyer, family or existing client
7.3 (b)lawyer shall not solicit solicit if: target said no desire to be solicited, or solicitation involves coercion, duress, harassment
7.3(c)solicitation must include "ad material" unless lawyer or family
7.4(a)Lawyer can communicate that the lawyer does/does not practice in particular fields of law
7.4(b)Lawyer admitted to patent practice can use "Patent Attny"
memorize
7.4(c) :Admiralty Practice: "Admiralty"
Question Answer
7.4(d)Dont say specialist unless (1) certified (2) certifying org. is clearly identified.
7.5(a)Tradename cant imply connection with agency/gov't/charitable service
7.5(b)Offices in lots of jdx can use one name, but identify where lawyers practice
7.5(c) No "law offices of Barack Obama"or sbstl period lawyer not active in firm
7.5(d)State/imply partnership only if true
8.3(a)Report if lawyer honesty, trust, fitness in question
8.3(b)judge violates: inform authority
8.3(c)if under 1.6 or lawyer assistance program no disclosure
8.4 (a)Bonus: violate rules, you get this
8.4 (b)Dont commit crime or act that reflects poorly on profession
8.4(c)engage dishonesty, decit, fraud, misrep
8.4 (d)Conduct prejudicial to justice
8.4 (e)imply/state ability to influence govt/official
8.4 (f)Assist judge in conduct violation of rules/law
memorize