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MPR I

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lmuscari's version from 2017-04-09 22:39

Section

Question Answer
8.1 Bar Admission & Disciplinary MattersBar Admission & Disciplinary Matters:

a lawyer shall not:
(a) knowingly make a false statement of material fact; or
(b) fail to disclose a fact necessary to correct a misapprehension unless protected by Rule 1.6.
1.1 CompetenceCompetence:

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
1.3 Diligence:Diligence:

A lawyer shall act with reasonable diligence and promptness in representing a client.
1.4 CommunicationCommunication:

(a) A lawyer shall:

(1) promptly inform
(2) reasonably consult with the client about the means of client's objectives
(3) keep the client reasonably informed about the status
(4) promptly comply with reasonable requests for information
(5) consult with the client about any relevant limitation on the lawyer's conduct
5.1 Responsibilities Of Partners, Managers, & Supervisory LawyersResponsibilities Of Partners, Managers, & Supervisory Lawyers:

(a) A partner in a law firm or lawyer who has managerial authority shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.

(b) shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.

(c) shall be responsible for another lawyer's violation of the Rules of Professional Conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer is a partner or has managerial authority and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
5.2 Responsibilities Of A Subordinate LawyerResponsibilities Of A Subordinate Lawyer:

(a) A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.

(b) A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty.
5.3 Responsibilities Regarding Nonlawyer AssistanceResponsibilities Regarding Nonlawyer Assistance:

With respect to a nonlawyer

(a) a partner, and managerial lawyer shall make reasonable efforts to make sure others follow the rules of PR:

(c) a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if

(1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer is a partner or has managerial authority and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
8.3 Reporting Professional MisconductReporting Professional Misconduct:
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer shall inform the appropriate professional authority.

(b) applies to judges

(c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program.
1.6 Confidentiality Of Information:Confidentiality Of Information:

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, impliedly authorized or lawyer reasonably believes necessary:

(1) to prevent reasonably certain death or bodily harm;
(2) to prevent the client from committing a crime or fraud
(3) to prevent, substantial injury to the financial interests or property of another
(6) to comply with other law or a court order; or
(7) to detect and resolve conflicts of interest

(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.
1.2 Scope Of Representation And Allocation Of AuthorityScope Of Representation And Allocation Of Authority:

(a) a lawyer shall abide by a client's decisions concerning the objectives

(b) A lawyer's representation does not constitute an endorsement of the client's political, economic, social or moral views or activities.

(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.

(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences
1.16 Declining Or Terminating RepresentationDeclining Or Terminating Representation

(a) a lawyer shall not represent a client or, shall withdraw from the representation of a client if:

(1) the representation will result in violation of the rules
(2) the lawyer's physical or mental condition materially impairs the lawyer's ability
(3) the lawyer is discharged.

(b) a lawyer may withdraw from representing a client if:

(1) withdrawal can be accomplished without material adverse effect on the interests of the client;
(3) the client has used (or is continuing to use) the lawyer's services to perpetrate a crime or fraud;
(4) the client insists upon taking action that the lawyer considers repugnant
(5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable
(6) the representation will result in an unreasonable financial burden on the lawyer
(7) other good cause for withdrawal exists.

(c) A lawyer must comply with applicable law requiring notice; a lawyer shall continue representation notwithstanding good cause for terminating the representation.

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests,
3.3 Candor Toward The TribunalCandor Toward The Tribunal:

(a) A lawyer shall not knowingly:

(1) make a false statement of material fact
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction
(3) offer evidence that the lawyer knows to be false. may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

(b) A lawyer who represents a client and who knows that a person intends to engage in criminal or fraudulent shall take reasonable remedial measures, including disclosure to the tribunal.

(c) The duties apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.
4.1 Truthfulness In Statements To OthersTruthfulness In Statements To Others

In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.
Rest. § 59 Definition of “Confidential Client Information”Definition of “Confidential Client Information”

Confidential client information consists of information relating to representation of a client, other than information that is generally known.
Rest § 60 Duty to Safeguard Confidential Client InformationA Lawyer’s Duty to Safeguard Confidential Client Information

(1)
(a) the lawyer may not use or disclose confidential client information if reasonable will adversely affect a material interest of the client or if the client has instructed the lawyer not to

(b) the lawyer must take steps reasonable to protect confidential client information against impermissible use associates or agents that may adversely affect a material interest

(2) a lawyer who uses confidential information of a client for the lawyer’s pecuniary gain other than in the practice of law must account to the client for any profits made.
Rest § 63 Disclosing Information When Required by LawUsing or Disclosing Information When Required by Law:

A lawyer may use or disclose confidential client information when required by law after takes reasonably appropriate steps to assert information is privileged or protected by disclosure.
Rest § 64 Disclosing Information in a Lawyer’s Self-Defense:Using or Disclosing Information in a Lawyer’s Self-Defense:

Can reasonably disclose if necessary to defend lawyer or associate or agent against a charge or threatened charge by person client or associate or agent acted wrongfully in the course of representing.
Rest § 66Using Disclosing Information to Prevent Death or Serious Bodily Harm
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