MPRE part 2.

Right of reply

"a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client." [ABA Model Rule 3.6(c)]

Aggregate Settlement

(!) lay out terms (2) Have all sign a writing (3) disclose all claims involved (4) receive from peached giving informed consent.

○ When must an attorney refuse employment? Five times HUBPI

(1) A believes C motive is harassment, (2) unsupportable factual/legal position/frivolous (3) Incompetent/busy (4) Personal feelings impair (5) Impaired physical or mental condition.

• Duty to Cooperate with Character Investigations. Three Steps + Rules

(1) applicant or connected attorneys must not knowingly make false statements of material fact 8.1(a) (2) applicants + connected attorneys must respond to all requests for information 8.1(b) (3) applicants + connected attorneys must correct any misapprehension 8.1(b)

When giving notice to former clients, this notice must look like

(1) descpriton of the screening proecudrse employees (ii) statement of firm's and lawyer's compliance with these rrquiemetns (3) review before tribunal is available (4) respond promptly to written inquiries or objections by the former client onceirng screening procedures.

○ Reasonability and requirements of contingent fees WrSiWhHowMan

(1) must be in writing, (2) signed by client, (3) disclose who pays expenses, (4) how the fee is calculated such as deducting expenses before or after the fee is calculated, and (5) what expense the client must pay regardless of winning the case.

Lawyers must not knowingly represent a client in a particular matter when another lawyer in their firm is disqualified from representing the same client and this disqualified lawyer had personally and substantially participated in the matter as a public officer or employee. For the representation to be ethical:

(1) the disqualified lawyer must be timely screened from any participation in the matter; (2) the disqualified lawyer must not be apportioned any part of the fee; and (3) written notice must be promptly given to the appropriate government agency.

○ When does the RPC apply to law related services? ND OR

(1) when the services are not distinct from legal services (2) when the lawyer owns or controls the entity providing services and does not take reasonable steps to ensure recipients understand that the attorney client relationship does not apply.

False testimony by a criminal defendant, ABA RULe

1. convincing 2. if insistent, consider withdrawal, if this solely the problem (but usually won't allow because withdrawal will not erase or prevent false testimony. 3. if all else fails, the lawyer must reveal the situation to the judge even if the tmeans disclosing he client's confidential information.

Four situations where informed consent is needed verbally L3EC

1. limiting the scope of the repesentation 2. third person paying client's legal fees 3. providing a materially harmful evaluation of a client's affairs for use by a third person 4. revealing confidential info or using it to their disadvantage

A lawyer or firm may only represent a client and prospective client with materially adverse interests in a same or substantially related matter if:

1. measure were taken to avoidd exposure to disqualifying info 2. lawyer screened+ notice to the prospective client OR both give informed consent

Trial and appellate courts often find it necessary to appoint lawyers to represent indigent clients and clients with unpopular causes. A lawyer must not seek to avoid apointment, except for good cause, whicch includes

1. violates rule 2. unreasonable financial burden on the lawyer 3. the lawyer finds the client or the cause so repugnant that the lawyer-client relationship would be impaired 4. lawyer could not represent the client effectively. [ABA Model Rule 6.2(c)]

Disclosure to Prevent Death or Substantial Bodily Harm

1.6(b)(1) permits a lawyer to reveal the client's confidential Informa- tin to the extent that the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm. Note that the exception applies to death or bodily harm whatever the cause; it need not be caused by the client, and the cause need not be a criminal act. Notice also that the death or bodily harm need not be imminent— it need only be reasonably certain. Finally, notice that the exception gives the lawyer discretion to disclose the confidential information; it does not require disclosure. Some states, however, do require disclosure.

Partisan arbiter.

A lawyer must not represent a private client in a matter in which the lawyer has earlier participated personally and substantially while serving as a judge or other adjudicative officer (e.g., a referee or special master) or as a law clerk to such person, or as an arbitrator, mediator, or other third-party neutral, unless all parties to the proceedings give informed consent, confirmed in writing. However, an arbitrator who is selected as a partisan of a party in a multi-member arbitration panel may subsequently represent that party. This is because a partisan arbitrator is not expected to be neutral.

Lawyer false testimony in a civil case

A lawyer must refuse to offer evidence that he knows is false. When a lawyer in a civil matter learns that his client has testified falsely or is about to testify falsely, the lawyer's path is clear. If the client hasn't yet testified, the lawyer can't call the client to the stand. If the client has testified and the lawyer learns that the testimony is false, the lawyer must take reasonable remedial measures (try to persuade the client to cooperate in withdrawing or correcting the false evidence; consider withdrawal; and disclose the situation to the judge if all else fails).

Sponsoring organization contact.

A lawyer or firm may personally contact representatives of groups that might wish to adopt a legal service plan for its members, beneficiaries, etc. This is more akin to advertising than solicitation because it is not directed at people seeking legal services for themselves; the representatives are acting in a fiduciary capacity and seeking legal services for their members (who will later choose whether to become a client of the lawyer or firm). [ABA Model Rule 7.3, comment 7]

Using former firm or former client information to the disadvantage?

A lawyer or their former firm who has formerly represented a client in a matter must not thereafter use information relating to the representation to the disadvantage of the former client unless the Rules permit or require, or the information has become generally known. can't consent

Expert fees

A tourney may pay reasonable fee to an expert, and expert only for preparing to testify and testifying. This must not be contingent.

○ What must you give clients at the end of contingent fee cases?

A written statement showing the outcome of the case, the remittance to the client, and how it was calculated.

Doucemtns sent to lawyers by istake

When a lawyer obtains such a document, and when she knows or reasonably should know that it was sent by mistake, she must promptly notify the sender so that the sender can take protective measures. [ABA Model Rule 4.4(b) and comment 2] The Model Rule does not address some related questions on which state law is split: e.g., whether the recipient must return the document to the sender, or delete electronically stored information, and whether the inadvertent disclosure of the document waives a privilege that would otherwise protect it.

Serious diminished capacity and compensation

When a person with seriously diminished capacity faces imminent and irreparable harm to her health, safety, or financial interest, a lawyer may take legal action on her behalf, despite her inability to establish a lawyer-client relationship or to make or express considered judgments about the matter. However, the lawyer cannot act until the person (or someone acting on her behalf) has consulted the lawyer, and the lawyer should not act unless he reasonably believes the person has no other representative available. Normally, a lawyer would not seek compensation for emergency actions taken on behalf of a nonclient. A

Legal service plan rules

The insurance company has set up a prepaid legal services plan of the kind referred to in the ABA Model Rules. A lawyer may receive legal business through such a plan, unless the operator of the plan uses live person-to-person contact to solicit people who it knows are in need of legal services in a particular matter covered by the plan. Person to person contact can be used as long as not tad people ho are known to need legal services in a particular matter covered by the plan.

Standard of care

The standard of care for an attorney is the competence and diligence normally exercised by attorneys in similar circumstances. If an attorney represents to a client that he has greater competence (e.g., is a specialist) or will exercise greater diligence than that normally demonstrated by attorneys undertaking similar matters, he is held to that higher standard

Requirements for trefferal

The term "nonlawyer professional" is not defined, but is generally interpreted as a person who belongs to a professional body that requires a high level of proficiency and regulates its members (e.g., doctor, accountant, insurance agent). A reciprocal referral agreement is subject to the following restrictions and guidance [ABA Model Rule 7.2(b)(4) and comment 8]: 1) The agreement must not be exclusive (i.e., the lawyer must not promise to refer all potential estate planning clients to his friend F and to no one else). 2) The referred client must be told about the agreement. If the agreement creates a conflict of interest for either the referring or the receiving lawyer, then that lawyer must obtain the client's informed consent, confirmed in writing, under ABA Model Rule 1.7. (Of course, one must wonder whether a reciprocal referral agree- ment invariably creates a conflict because it gives the referring lawyer a personal financial interest in sending the case to his referral counterpart rather than to some other lawyer.) 3) The reciprocal agreement must not interfere with the lawyer's professional judgment as to making referrals or providing substantive legal services. 4) The agreement "should not" be of indefinite duration and should be reviewed periodically to make sure it complies with the ABA Model Rules.

The captive law firm

This arrangement, also known as a "captive" law firm, is permissible as long as the lawyers exercise independent professional judgment for the insureds (who are, after all, the clients) and as long as the insureds are advised of the arrangement.

How does local law affect fee arrangements for witnesses?

This is a little bit of a trick question. The comments to Model Rule 3.4 state that both arrangements are improper in most common law jurisdictions. However, the text of the rules states that a lawyer may not offer a witness an inducement that is prohibited by law. So a categorical answer to this question is improper. One needs to know what the local law permits

Can judges research factual issues in a case, even if it is just to explain the case information to him, even if it is objective sources

This is not the correct answer, because a judge may only consider information that was presented at trial or judicially noticed. Even if the judge believes the information in a textbook, website, or the like, to be unbiased, he must not do his own research on factual issues [ Code of judicial conduct does not permit a judge to research the factual issues in a case.

Dealing with unrepresented persons

When dealing with an unrepresented person, a lawyer must not state or imply that the lawyer is disinterested. When the lawyer knows, or reasonably should know, that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer must make reasonable efforts to correct the misunderstanding. Likewise, if the lawyer knows or should know that her client's interests are likely to be in conflict with those of the unrepresented person, she must not give legal advice to that person

repping an org and a person, consent

When dual representation requires the consent of the organization, the consent must be given by an appropriate person other than the person to be represented. [ABA Model Rule 1.13(g)]

public comments on cases

When a case is pending or impending in any court, a judge must not make any public comment that might reasonably be expected to affect its outcome or impair its fairness, or make any nonpublic comment that might substantially interfere with a fair trial. The judge must require like abstention from court personnel under her control.

Disclosing Information that May Mitigate Punishment

When a convicted person is to be sentenced, the prosecutor must disclose to the defense and to the court all unprivileged mitigating information known to the prosecutor (except whena protective order of the court relieves the prosecutor of this obligation)

Complete, accurate, and candid

When a lawyer agrees to certify facts to a large number of persons who can be expected to rely on the lawyer, the lawyer has a special obligation to be complete, accurate, and candid. a. Securities Cases This special obligation most often arises when a lawyer has prepared an opinion letter to be used in disclosure documents for securities investors

Fee recovery

filing suit to recover a fee, a lawyer can generally use a common law or statutory charging lien. Many states also permit the lawyer to exercise a retaining lien under which she can retain documents, funds, and property of the client until her fee is paid—but there is a strong minority view contra. Also, if the lawyer receives funds out of which his fee is to be paid, and the client disputes the fee, the lawyer must retain the disputed amount in a client trust account until resolution of the dispute. Moreover, many jurisdictions have arbitration or mediation services to resolve fee disputes

- Hypotheticals

fine if you can't tell who it is.

Clients of former firm, a lawyer whose firm formerly represented a client _ acquired confidential information can't represent

another person in a same or substantially reatlated matter if that person's interests are materially adverse to that of the former client, unless former gives informed consent, confirmed in writing.

When a person in government service is currently working personally and substantially on a matter, she must not negotiate for

for private employment with any party or lawyer who is involved in that matter. There is an exception to this rule for law clerks (see G.3., below).

A lawyer's conflict of interest will not be imputed to the rest of her firm if the conflict relates to the duties owed to . . . and provide th edisuqlifie lawyer is

former clients form a prior firm + timely screened from participation + prohibition form receiving part of fee from the matter + prompt written notice to any affected former client.

The Model Rules state that the lawyer who mistakenly receives mail or electronic communication

from an opposing party should notify the opposing party [MR 4.4]. However, it explicitly does not require the lawyer to take any other steps, such as destroying or returning the mail or other communication.

Implied authority confidentiality and act

g, an attorney has implied authority from the client to use or disclose confidential information when appropriate to carry out the representation, unless the client gives specific instructions to the contrary. This is not the case for privileged information. The attorney-client privilege exists for the sole benefit of the client, and the client is the only one who can waive the privilege. The attorney cannot choose to waive the privilege without his client's express consent, even if he feels it would be appropriate to carry out the representation. P

confidentiality rules applying to information gained during the evaluation ] The client may limit the scope of the evaluation or the sources of information available to the lawyer, but the lawyer should describe

any material limitations in the report furnished to the third person.

• Attorney for attorney client privilege

any person the elaine consults to obtain legal services. Must be acting as an attorney.

○ Permissive withdrawal

any reason if no material adverse effect, reasonable belief client is doing something criminal or fraudulent involving lawyer's services, client used lawyer's services in past crime or fraud, client is repugnant, makes presentation unreasonably difficult, client hasn't paid and has been warned, unreasonable financial burden, other good cause.

Charging liens

any recovery obtained for the client serves as security for the lawyer's fees.

Former go vlawyers who enter private's eptriactice is pohribited from representing

anyone in a matter related to that encournateered in government practice unless government consents.

• Lawyers connected to your application?

anyone listed as a character reference, law school, job.

○ Who makes complaints against lawyers

anyone with knowledge of misconduct.

○ What is the practice of law

anything involving legal knowledge and skill beyond average, services concerning binding legal rights, traditionally performed by lawyers giving legal advice, appearing at judicial proceedings, drafting documents, negotiating settlements, giving legal advice, depositions

• Work product doctrine e

anything mad eon anticipation of litigation generally is not discoverable unless opponent shows substantial need n dun due hardship. But even in that case, entail mi[resins or opinions are not disclosed

Judge is prohibited form accepting gifts that

appear to undermine independence, integrity, or impartiality.

• Extent of ACP and Confidentiality

applies to consultations before, and even when the client dies.

Respondeat Superior

apply in suits for professional negligence. Thus, an attorney can be held liable for injuries caused by a negligent legal secretary,law clerk, paralegal, or employee associate when acting within the scope of employment. Furthermore, under general principles of partnership law, each partner in a general partner- ship is jointly and severally liable for the negligence of another partner committed in the ordinary course of the partnership business (i.e., any partner may be held personally liable for the entire judgment even if they had nothing to do with the negligent act). However, many law firms are set up as limited liability partnerships, limited liability companies, or similar entities. The law varies widely from state to state, but usually a partner of a limited liability entity will be shielded from personal liability for the misconduct of others in the firm.

Literary or media rights exception.

apply to literary or media rights that aren't substantially based on information relating to the representation. Here, the prohibition doesn't apply because the mystery novel is a work of fiction—it isn't based on information relating to the contract negotiation. However, Louis still must comply with the requirements for business transactions with a client.

A lawyer must not knowingly represent a person in a particular matter if their former firm had previously represented a client and the previous representation w

as in the same or a substantially related matter, the interests of this former firm's client are materially adverse to the lawyer's current client, the lawyer had acquired information relating to the representation of this former firm's client, and this information is also material to the current matter.

It is not frivolous to?

assert a position without first fully substantiating all fo the facts, knowing the vital evidence can only be uncovered through discovery, even though lawyer believes it will not ultimately prevail .

IOLTA create?

assist that wouldn't exist and then put that into public use.

○ What are methods of temporary out of state practice?, 4

associate with locally licensed attorney, pro hack + related things, mediation/arbitration, reasonably related to the home state practice

when does the duty of candor expire

at he end of proceeding, when final jdugemtn affirmed on appeal or time to appeal has expired.

no attorney client privlege applies in four scenarois

attorney's esrvices sought to engage in future crime or fraud, relevant to issue of ACP breach, formerly joint clients, copmetency of a clinet during will or inter vivos transfer.

- Informed consent includes disclosing g

aware of all relevant circumstances, reasonable alternatives, and foreseeable way she conflict could harm. if you cannot obtain informed consent form one without revealing a fac learned in confidence from another. Or if the second client will not permit eh lawyer to reveal the, eth can' represent the first client. Consent will not solve the conflict.

Serving judge as an executor/guradian or fiduciary for a member of family if the service won't

generally don't serve in the srole for anyone. however, a judge may serve in such a capital fo ra merman of family if the service does not interfere with decisions, (ii) Involve the judge in proceedings that would ordinarily come before him; or (iii) Involve the judge in adversary proceedings in the court on which the judge sits or one under its appellate jurisdiction.

Written and recorded solicitations?

generally fine

○ Can you practice in a state without a license?

generally no. But you have to have an active law license in one state and not be disbarred in any state. An unadmitted lawyer cannot represent that they are admitted to practice in that jinn or establish an office or continuous presence in that jinn. (5.5b)

What kind of damages can we receiver?

ges—e.g., the money paid out to discharge an adverse judgment, or the value of a lost cause of action. The plaintiff can recover for direct losses and also for losses that are indirect but foreseeable.

If many people wanted to be represented by one lawyer:

get consent that is informed, if actually becomes adverse, lawyer must readdress conflict and be forced to withdraw.

lawyer has to suggest in terms of fee dispute

has duty to suggest earns for proper resolution.

Lawyer talking outside the firm, the lawyer must beleive

hat the services of the outside lawyers will contribute to the competent and ethical representation of the client, and (ii) "should ordinarily" obtain the client's informed consent. The reasonableness of the lawyer's decision to retain lawyers outside her firm will depend on factors such as the background of the nonfirm lawyers, the nature of the services assigned to the nonfirm lawyers, and the professional conduct rules in the jurisdictions in which the services will be performed. [

Even if lawyers are participating in a way in a legal services organization that is adverse to client interest,

he lawyer must not knowingly participate in a decision/action of the organization if this would be incompatible with the lawyer's obligations to a client or the decisoin/action could have a material adverse effect onclietn presentation.

Consultations

hibits a lawyer from revealing information learned in a consultation with a prospective client, even when no client-lawyer relationship ensues. Here, the business owner called the lawyer, seeking legal representation. As a prospective client, he is owed a duty of confidentiality by the lawyer, and the lawyer may not disclose the substance of the conversation. Even if the matter is unrelated

Settling a malpractice claim

hus, a lawyer may settle a malpractice claim or potential claim made by an unrepresented client or a former client, but only if the lawyer first advises the client in writing to seek the advice of an independent lawyer about the settlement, and the lawyer gives the client a reasonable chance to obtain such advice.

Lawyers and facts during negotiation

hus, the Rules prohibit a lawyer from making a false statement of material fact. [ABA Model Rule 4.1(a)] However, the lawyer is under no duty to do the other side's fact research or volunteer any facts that would undermine the client's position.

valid fee agreement

i) the total fee is reasonable; (ii) the split is in proportion to the services rendered by each lawyer, or in some other proportion if each lawyer assumes joint responsibility for the matter; and (iii) the client agrees to the split in a writing that discloses the share that each lawyer will receive.

Prosecutor and precluding charges known not supported by probable cause

i.e., the rule prohibits a prosecutor only from charging a crime she knows is not supported by probable cause. This allows a prosecutor, as here, to ethically attempt to scare a defendant into pleading guilty. Although she wasn't sure if she had probable cause for the conspiracy charge, she didn't know the charge was notsupported by probable cause. To the contrary, while it is true that a prosecutor has the responsibility of a minister of justice and not simply that of an advocate, a prosecutor may, in fact, charge a defendant with a crime knowing there is insufficient evidence to prove guilt beyond a reasonable doubt. The Model Rules merely prohibit a prosecutor from charging a crime she knows is not supported by probable cause. Thus, this answer is incorrect.

Reporting up the ladder

if a lawyer knows the organization is acting/inteds to act in a manner violating legal obligation or law, and is likely to result in lsubstnail injury to the org, the lawyer must act in the best interest of the organization. In such instance, the lawyer ma use reporting

Reasonably believes evidence is false,

if crim d, must allow to testify.

When can a judge lead a fundraising event

if it concerns law, legal system, or administration of justice.

Lerangin afterwards that evidence was false

if occurs while proceeding is ongoing. lawyers is obglaited to take reasonable remedial measures. This duty expires when the case concludes. If acquired, can't appeal acquittal, has concluded.

○ When can clients avoid contracting about lawyer's services

if the K is not made at the outset or made beyond a reasonable time after representation begins, because this could pressure the client. Thus, in this situation the lawyer must show the this was fair and reasonable. Also can't K after the lawyer finishes the services, and the client doesn't know the facts need to evaluate the lawyer's compensation.

Can a candidate respond directly to allegations about a pending case?

if the allegations to which she is responding relate to a pending case, it is preferable for someone else to respond.

confidential information in a consultation must not later represent a different person in the same/related matter if:

if the confidential information could significantly harm the prospective client in the matter, unless the prospective client gives informed consent, confirmed in writing.

Harmful evaluation

if the lawyer knows or should know the evolution will materially harm the client, the lawyer must obtain client's informed consent prior to evaluation

○ When to withhold information

if the lien would react imprudently to immediate communication.

○ How can foreign lawyers advise on United States Law?

if working in permanent out of state (out of country) practice, the foreign lawyer may not directly advise her client on the US law, but must consult with a US lawyer/lawyer licensed in that jurisdiction relevant to the matter.

Is the lawyer a former partner or associate and the sharing pursuant to a separation or retirement agreement?

if yes, frees may be shared.

free to reject any case except for court appointments

if you have good case

not significant risk to client

impliedly authorized to disclose to third party

Candiates in partisan electons

in Partisan Elections May Be Identified with Political Organizations Unless prohibited by law, a judicial candidate in a partisan election may, not earlier than a minimum amount of time designated by other state law prior to the first applicable primary, caucus, or general election: (i) Identify herself as a candidate of a political organization; and (ii) Seek, accept, and use endorsements of a political organization.

Lawyers sometimes receives funds from a hthird party that are to be used to pay the lawyer's fee. These must be placeD?

in a client trust account until accounting and severance of the repsctive interests of he Lucent and the lawyer

○ Where do you report or why can someone be reported?

in any state where the lawyer is admitted, provided, or offered services.

○ What is permanent out of state practice?

in house counsel/gov lawyers engage in non lit practice across state lines. Certain lawyers are specifically authorized to practice in other states. Even if they render legal services to an employer in a state that they aren't admitted to practice, they must be admitted or seek pro hack to litigate a matter in that state. You still may be subject to the other jurisdictions continuing legal education requirements.

Where do you open a client trust fund account

in the state the lawyer practices unless client consents to elsewhere

Where does the client trust found account have to be located?

in the state where the lawyer practices, unless eh client or third person consents to having it somewhere else.

A lawyer is subject to regulation by each state

in which she is admitted to practie

Reasonable remdial measures

include disclosure to the court if finding out that client for witness testimony was false. Although a lawyer should sinus the issue with his client and seek the client's cooperation in disclosing the falsity, lawyer must reveal co-platiniff's perjury to court, even with client' cooperation. and ben if prejduciign.

○ Punishment for nonlawyers engage in unauthorized practice of law?

injunction, contempt criminal conviction.

IOLTA

interest on lawyer trust account programs where the lawyer must put into a pooled checking account earning interest if the sum is too small to earn any net interest.

○ What is not the practice of law ?

interviewing people, filling in forms, preparing tax returns, appearing pro se (meaning a lawyer can help someone do that).

conflict based on govenremtn work, are sure that the matter

involved specific facts parties

Any settling of multiple clients

is in writing after consultation

What a judge must do in accordance with her duties.

comment 1] To accomplish prompt disposition of the court's business, a judge must: (i) devote adequate time to her duties; (ii) be punctual in attending court and expeditious in determining matters submitted to her; and (iii) take reasonable measures to ensure that court officials, litigants, and attorneys cooperate in this regard. [CJC Rule 2.5, comment 3] Also, a judge must cooperate with other judges and court officials in the administration of court business. [CJC Rule 2.5(B)]

○ What must you do in terms of fees?

communicate your basis or rate of fee BEFORE or WITHIN a reasonable time of representation, also notifying any changes to fees communicated.

NOt privielged when

confides planning to commit a crime or fraud.

Can't disclose extent of conflict to a client because of your duty of confidentiality to someone else?

conflict is not wiavebale because you can't meet informed const requreiemtn

○ Rule of imputation

conflicts are imputed to all at firms except conflict uniquely personal to lawyer or conflict bae don part work of lawyer screened from case.

○ Civil cases, representing co-partite s BCCRWD

conflicts can usually be addressed by believing can represent both, explain consequences, get informed consent, re-dares conflict if potential confect becomes real, withdraw if reasonable lawyer would advise client against consent, must get consent of dropped clines if continuing to represent ay co-parties.

Paying reasonable fees of an expert witness must not be?

contingent on the testimony or outcome of the case

Quantum meruit claim under oncintegetn fees arrises when

contingentny ocomes to pass, when a favorbale sttelemtn or jdugemetn arises.

○ Committing (not necessarily convicted, can just be charges) constituting professional misconduct? + rule

crimes relevant of honesty, trustworthiness, or fitness, which include most violent crimes 8.4b

○ When are contingent fees not allowed?

criminal cases and domestic relations, except for collection on past due money.

Lawyers must not assist in what is known to be

criminal or fraudulent, must refuse to represent because would be fraudulent.

Financial, Business, or Remunerative Activities

Generally, a judge may not serve as an officer, director, manager, general partner, advisor, or employee of a business. However, a judge may hold and manage her own investments and those of her family and may manage or participate in a business closely held by the judge or a family member, or in a business primarily engaged in investing the financial resources of the judge or her family, unless such activity will: (i) Interfere with the proper performance of the judge's duties; (ii) Lead to frequent disqualification of the judge; (iii) Involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or (iv) Result in a violation of other provisions of the CJC.

When can a judge be a fiduciary

Generally, a judge must not serve as a fiduciary (e.g., executor or trustee), unless she does so for a family member. Such service must not interfere with the judge's duties or involve her in proceedings that would ordinarily come before her or that take place in her court or one under its appellate jurisdiction. The judge should resign as fiduciary if there is a conflict between her duties as a fiduciary and her duties under the CJC.

Permitted electronic solicitation.

Generally, a lawyer is not prohibited from sending truthful, nondeceptive communications (via mail, e-mail, text message, chat room message, etc.) to persons known to face a specific legal problem. These types of communications can be easily disregarded by the recipient and do not constitute live person-to-person contact. [ABA Model Rule 7.3, comment 2]

Trail counsel as witness

Generally, the lawyer places a limit on serving as both and must not advocate at a trial in which the lawyer I likely to be a necessary witness

Jugdge at a puvbic hearing or as a character withness or as a govnemrnt ocmmittee.

Governmental Hearings and Consultations A judge must not appear voluntarily at a public hearing before, or otherwise consult with, an executive or legislative body or official except on matters concerning the law, legal system, or administration of justice. Testifying as Character Witness A judge must not testify as a character witness, except when duly summoned to do so, i.e., by subpoena. Ordinarily, a judge should discourage parties from requiring his testimony as a character witness. Governmental Committees and Commissions A judge must not accept an appointment to a governmental committee or commission or other governmental position that does not relate to the law, legal system, or administration of justice.

Delays in a case? for what kdins of reason.

Here, however, the delay would be for the express purpose of forcing the plaintiff to settle the case for an artificially low amount. Seeking delays for that purpose would violate the lawyer's duty to the system to expedite litigation, even if the delay would serve the financial interests of the lawyer's client.

Former Firm Clients

IF old firm 1. Works on a matter 2. Actually acquired confidential material information about the matter 3. CAn't work on opposite side at the new firm without the former client consents.

False evidence, withdraw, and confidentiality

IF the withdrawal won't work, the lawyer. must disclose the situation to the judge, even if it means disclosing info the towel dbe protected under confidentiality

Transferring current and former clients

If Attorney A retires and sells his business to Attorney B, A must request the consent of current and former clients before transferring their files to B. A cannot transfer the files of current or former clients without their consent. Doing so makes A subject to discipline. PR0321A

Responding to judge misconduct.

If a judge has knowledge that another judge has violated the CJC in a manner that raises a substantial question as to the other judge's honesty, trustworthiness, or fitness as a judge, the judge must inform the appropriate authority. Similarly, a judge who receives information indicating a substantial likelihood that another judge has violated the CJC (or a lawyer has violated the RPC) must take appropriate

For former govenremtn employees, judos, arbiters, and the like, imputed disqualificaiton

If a lawyer is disqualified under this rule, the other lawyers in her firm are also disqualified unless the following conditions are met: (i) the lawyer is timely screened off from the matter; (ii) the lawyer is not apportioned any part of the fee earned in the matter; and (iii) written notice is given to the parties and the appropriate tribunal so that they can ensure that the above conditions are met.

Considering communications made from others only when.

Court Personnel A judge may consult about a matter with other judges and with other court personnel whose function is to aid the judge in carrying out adjudicative responsibilities (e.g.,the judge's law clerk). However, the judge: (i) must make reasonable efforts to avoid receiving factual information that is not part of the record; and (ii) must not abrogate his responsibility to decide the matter. [CJC Rule 2.9(A)(3)] Disinterested Legal Experts A judge may obtain the written advice of a disinterested expert on the applicable law, provided that the judge gives advance notice to the parties of the expert's identity and the subject matter of the advice to be solicited, and gives the parties a reasonable oppor- tunity to object and respond to the notice and the advice. [CJC Rule 2.9(A)(2)]

Due diligence

Due Diligence Required A lawyer is not a guarantor of every fact in the disclosure materials about the company or transaction. However, if the disclosures are inconsistent, or the lawyer has any reason to doubt their accuracy, the lawyer has a duty to inquire to deter- mine the correct facts

Insurance Company C hires attorney A to defend policyholder D in a car accident case brought by P. The liability limit in D's policy is $500,000, and P offers to settle for $450,000. D wants to settle because he would have no out of pocket costs, but C wants to go to trial. In this situation,

In this situation, A must disclose the conflict to D and invite D to obtain independent counsel (at C's expense) to advise D on the settlement issue. Note that if A fails to do that and negligently or in bad faith advises D to reject the settlement offer, A is subject to discipline and perhaps civil liability to D for malpractice. Additionally, if C negligently or in bad faith rejects the settlement offer, C will be liable for the entire judgment P obtains against D, even the amount over the policy limits. Independent counsel must be secured at C's expense, not D's expense. Attorney A may not go to trial per C's wishes nor settle per D's wishes. Attorney A must address the conflict.

○ What are three ways an AC relationship can form?

LC agreement, Implied assent and reasonable reliance, or court appointment

What funds must be placed in the account?

Money advanced by client to cover costs and expenses. Thelawyerc can then pay expenses with checks drawn on the account Legal Fees Advanced by Client the lawyer must refund to the client any unearned, prepaid legal fees at the close of the representation, and an irresponsible lawyer could harm a client by frittering away a fee advance. When a lawyer holds a fee advance in her client trust account, she may make withdrawals as fees are earned if there is no existing dispute about the lawyer's right to do so. To make sure there is no dispute, cautious lawyers send the client an itemized bill before withdrawing legal fees from the trust account. [See Restatement §44, comment f]

Small items

Most lawyers will put small items in a bank safe deposit box. because they must put it in safe places.

Be clearly certified

Must be certified and identified by the rognaizaiton if you are going to cali certification.

Any lawyer split for work?

Must be proportion al the work done by each lawyer or, each lawyers assumes joint responsibility for the representation. AND The total fee must be reasonable AND the client must consent to the arragenetn + terms.

When a client is commiting ilelgal ourse of action w/ use of services, can the attorney makea. full disclosure to the court and opposign counsel?

NO! she can't reveal all details of teh improprierty, but instead, just disaffirm prior work, whcih should alert th eother side.

Can a former client consent + writing be used to consent to using information that is confidential against them

NO., no exception that says informed consent confirmed in writing.

Proprertary interest in litigation?

NOT ALLOWED. Lawyers are not permitted to acquire interests in the subject matter of litigation. Here, the lawyer will receive an interest in the farm, the subject matter of the litigation, if the client wins. The reasons for the rule are that such arrangements give lawyers too much of a personal stake in the outcome of the litigation and make it too difficult for the client to discharge the lawyer. Thus, this is the best answer to this question.

False testimony by a criminal defendant, Minority View

Narrativ efashion: D lawyer can question the defendant in the ordinary way, until the law, where d speaks broadly, and di lawyer can't rely on the false parts o the story

communicating with corporatoins. Consent is needed when

Need consent of organization's counsel before communicating with: 1. person supervisign, directs, or consults with the corporate counsel abotu the matter, a person whose conduct may be imputed to the org for criminal or civl iability, or a person who has autority to bligate hte organization concernign the matter,

○ How can a lawyer recover their fee disputes? LTA

Liens (including retaining liens where they retain documents until the fee is paid), retain funds in a trust account, or arbitration/mediation.

Lawyers or associates with lawyers connected with a case must not

MAKE PUBLIC STAMTENT THAT SHOUDL SUBSTNAILLY LIKLIY TO PREJUDICE THE CASE. This includes discussing a charccerter/credence of a party, results of an examination, possibility of a plea

Truth or falsity of a judges qualificatiosn

MR 8.2 forbids a lawyer from making a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity about the qualifications or integrity of a judge or of a candidate for election or appointment to judicial or legal office.

A lawyer's former firm is prohibited from preresneting a person with interests materially adverse t those of a client of the formerly associated laywyer if

Matter is same or substantially related to the formerly associated lawyers repreesntaiotn, and any lawyer remaining in the firm has protected information.

exercise of religion and jduges

Membership in a religious organization as a lawful exercise of freedom of religion does not violate Rule 3.6. [CJC Rule 3.6, comment 4]q

Rule for Rules

Proceeding--> where proceeding is. Not a proceeding --> law of the predominant effect or where it occurred.

reach of fiduciary duty.

An attorney acting as a fiduciary for the client owes the client all of the customary duties of a fiduciary, including loyalty, confi- dentiality, and honest dealing.

False statemetn so flaw, duty of candor

An attorney is subject to discipline for knowingly making a false statement of law to the court or for failing to correct a previously made false statement of material law. [ABA Model Rule 3.3(a)(1)]

Paying witnesses loss of time

An attorney may pay reasonable compensation for witnesses' loss of tie in attending and testifying

Government securities and disqulification

An interest in the issuer of government securities is not a disqualifying economic interest, unless the value of the securities could be substantially affected by the proceedings.

Offciers an lawyer's helping organization

An officer or member of such an organization does not have a lawyer-client relation- ship with persons served by the organization, but there can be potential conflicts between the interests of those persons and the interests of the lawyer's regular, paying clients. [See ABA Model Rule 6.3, comment 1; and see South Dakota Op. 88-6 (1988)]

Tax shelter

Tax Shelter Opinions When a lawyer gives a widely disseminated legal opinion about the tax treatment likely to be afforded an investment, the lawyer must candidly disclose and estimate the degree of risk that the IRS will not allow the tax treatment being sought, even if such disclo- sure will be contrary to the interest of the client in selling the investment. [ABA Formal Op. 346 (1982)]

○ Emergency legal assistance to nonclient with serious diminish capacity **IFFF C, if no C, Needed.

lawyers can take legal action on her behalf despite ability to establish lawyer client relationship if the person faces imminent and irreparable harm. The lawyer can't act until the person or those acting on her behalf has consulted the lawyer. The lawyer should not act unless he reasonably believes there are no other representatives available. Actions taken should be limited tot that which is reasonably needed. Disclose confidence only to the extent needed to accomplish the entered protective action.

- Soliciting substantial gifts

lawyers may not solicit us botanical gifts from clients who are not the lawyers relative. A lawyer may accept a small gift corm flint, such as a took n of appreciation or an appropriate holiday gift.

○ Admitting mistakes

lawyers must admit if they materially erred, I objectively this would likely harm the client or something that the lawyer would key be discharged for. This only is for when the relationship is ongoing.

- Compensation from a third person

lawyers must not accept compensation from a third person unless: the client gives informed consent, the third person does not interfere with lawyer interfere, the arrangement does not compromise client's confidential information.

Emergencies and solicitation

n an emergency, a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required. Even in an emergency, however, assistance should be limited to that reasonably necessary in the circumstances [MR 1.1 [cmt. 3]]. An estate plan is not necessary during an emergency, and the lawyer is not competent to provide that service.

Heavy Handed Tactics

n representing a client, a lawyer must not use means that have no substantial purpose other than to embarrass, delay, or burden a third person.

Advertising through written communication must have

name and content info of one attorney responsible

Lawyers must not form partnership with non lawyers if

nay of the business activities constitute pracitce of law

A lawyer may withdraw from representing a client if the client substantially fails to fulfill an obligation to the lawyer (paying their legal bills for example) and has been warned that the lawyer will withdraw unless it's fulfilled. Another permissive ground for withdrawal is when it can be accomplished without material adverse effect on the interests of the client. This ground is .. . ? i

ndependent of any other ground for withdrawal. In other words, a lawyer may withdraw for any reason if it wouldn't materially harm the client's interests, but, if another permissive ground is present, the lawyer may withdraw even if it would materially harm the client's interests

Lawyer MAY REVEALwhen

needed to prevent reaonsly certain death or substantial bodily harm

Can a prosecutor threaten to bring a charge for which he does not have probable cause

no

Can a state flatly prohibit all lawyer advertisgin

no

Do yo uahv to keep in an interest bearing account?

no

Does an applicant need to have been convicted of a crime to it to come in in a character review?

no

Lawyer leaves the firm, what happens to the clients, if no lawyer left who knows anything.

no conflict, and can take the case.

- Can a lawyer financially assist a client in connection with pending or contemplated litigation?

no! For instance, the lawyer cannot make or guarantee a loan to the client.

Is there a requirement that the attorney be active in law/ license be active for them to be subject to the RCP?

no! if you had a license, still applies!

○ Can a lawyer use the filing of an ethics complaint as the basis of an action against the complainant?

no, because the complaint against the lawyer is privileged.

If a lawyer violates a legal ethics rule, does that automatically mean that she has also committed legal malpractice?does it create a presumption that she has committed malpractice?

no, bt is regarded as relevant evidence

Must not make false statements of matieral fact or law. Do you have to inform of relevant facts?

no, but you can't misrepresent them, by affirms somethingg knowingly false, says something misleading, or refusing to speak.

When a layer and person are not related can the lawyer solicit?

no, cannot solicit a gift.

if you commit malpractice can you escape discipline?

no, if yo breach a duty to client, you cannot escape discipline by reimbursing client for they rloss

Lawyers must not knowingly represent a client when another lawyer in their firm is disqualified from representing the same client because of a conflict between concurrent clients.. an imputed conflict between current clients, can you screen+notice?

no, only informed consent confirmed in writing

Can an attonrey request postponement without restriction?

no, there is a duty to expedite litigation.

Soliciating substantial gets from client

no, unless it is a family member/related to the client. , still can accept unsolicited gifts.

- Can you guarantee on from someone else to the client

no.

- In thru party payment situation, is three a writing requirement?

no.

Can a lawyer draft his own transfer documents

no.

Do you have to qualify that it is an advertisement?

no.

IS realizing financial or other benefit from otherwise improper delay a legitimate interest?

no.

do you have to disclose threat of crime?

no.

○ Can you waive being on opposite sides of the same litigation?

no.

○ If a complaint is dismissed, is there a right to appeal?

no.

For judge impartially considerations does the relative need to be a party personally?

no. it is enough for someone too close to judge to be around the parties.

reasonably believes but doesn't know the testimony is false

not barred form offering it

Talking with Jurors

not before o during, no investigation or anything. But can afterwards if it complies with local law an dis not harassment.

Determinative fator in contingency fee

not if ti is customary, you must consider if it is reasonable.

○ Is professional discipline in one state applying to another state?

not necessarily. Sister states accept disciplinary action by one state as proof of the misconduct, but not of the sanctions imposed, and sister states can impose their own sanctions for misconduct.

Official judicial letterhead is okay when

not seen as an attempt to exert pressure by rason of judicial office.

Advising to appear pro se is

not the assistance n the practice of law

Responding to media questionnaire.

ocacy groups, in an effort to discern their views on disputed or controversial issues. Responses to such questions might be viewed as impermis- sible promises or pledges. Thus, candidates who respond to such inquiries should give assurances that they will keep an open mind and will carry out their adjudica- tive duties faithfully and impartially if elected. If a candidate does not respond, she may state that a response might be perceived as undermining her independence or impartiality, or might lead to frequent disqualification. [CJC Rule 4.1, commen

routine business users

of the serves you tend to use

Competent through preparation

often when an attorney is counsel for an unrepresented person

communicating with a represented person

okay if consenting oconsel or court orer autorizes communication. PRhoibited even if teh party initated the communication or consented to it.

Accepting substantial gifts from clients

okay, unless soclited them. however be concerned for undue influence.

• Where is the burden of proof and duty on the applicant in establishing good moral character?

on the applicant, to make disclosures relevant to his fitness. The applicant has a right to due process. If denied review, the applicant is entitled to judicial review.

○ Burden of proof in disciplinary proceeding

on the prosecuting the charge, beyond a preponderance, but less than reasonable doubt.

Accepting compensation for extrajudicial activities,

only I it does not reasonably appear to undermine integrity.

Judges considering 3rd party communications outside the parties' lawyers

only court personnel who is aiding judge in adjudication, or written advice on applicable law, provided the judge gives parties notice of experts identify, subject matter of advice, and give parties a reasonable ability to object and respond to notice and advice.

○ When can a law firm related agreement restrict a right to practice

only in regard to retirement benefit agreements. Otherwise, law-firm related agreements can't restrict the right to practice, no non-competes with the relationship ends.

When disputed fees in the acount

only keep the disputed part in the account.

Preparing insturemtns giving self a substantial gift

only okaay when it Sia relive.

When does lawyer have to report crimes?

only when your shrives are used to commit them/

Breach of contract

ontract. For instance, an attorney may have breached a term of an express oral agreement with the client. If there is no express contract, a court may be willing to find an implied promise by the attorney to use ordinary skill and care to protect the client's interests.

○ Partners/Managers/ Supervisors have vicarious responsibility when (4)?

order, ratify, or fail to avoid or mitigate misconduct

Can a lawyer put her own money into the client's trust account?

ordinarily no, but the lawyer can put some of her own into that account for the sole purpose of paying bak service charges

Proespctiv ejuror communication

ore trial, a lawyer connected with a case, the lawyer's client, and persons working for the lawyer are prohibited from communicating with anyone they know to be a member of the venire from which the jury will be chosen. While a lawyer does have the right to investigate potential jurors for possible bias and to learn about their backgrounds, the investigation must not be vexatious or harassing, and the lawyer or his agent cannot contact members of the juror's family. A lawyer may communicate with jurors and members of the venire during an official proceeding such as the jury selection process. However, except during official proceedings, lawyers connected with the case may not communicate with jurors or prospective jurors (or their families) in any way. The prohibition extends to socializing, such as sitting with a prospective juror at a restaurant. Thus, in this case, although it does not appear that the lawyer's actions were vexatious or harassing, his conduct in socializing with the prospective juror to get a sense of the juror's political leanings was impermissible.

• Who regulates the legal profession?

ourselves and courts, not the state legislature

a lawyer must not practice in an incorporated firm or associateion if a nonlawyer

owns any interest tin the firm or association, is a director or officer of the firm, has high to diredt/control lawyer

Participating Lawyer Must Not Be Owner or Director A lawyer must not participate in the legal service plan if the lawye

owns or directs the organization that operates the plan.

○ Lawyer's duties to former clients and third parties

parties may be limited when lawyer owes a duty of confidentiality to former client, lawyer I corporate director, lawyer acts as a fiduciary.

○ A lawyer may not, in connection with a nonlawyer

partner with when the partnership involves the practice of law, give control or ownership of firm, can't be a director or officer, any kind of controlling force, fee split with non lawyers. As far as partnerships and law reltaed serices, it can be proper for an attorney to control a separate entitty that provided related services, but you can't share a partnership with related services.

○ Duty to prevent ethical violations upon partners, managers,

partners and managers and supervisors. must take reasonable measures to ensure compliance with the RPC for lawyers and non lawyers. This depends on the size of the organization.

When can a judge engage in ex parte contact

permissibly confer with judges as long as judge makes reasonable effort not to receive factual information not a part of the record as a s long as the judge does not abrogate her responsibility to decide the matter.

a lawyer unable to communicate with organizations?

person who supervises, directs, or regularly consults with the organization's lawyer about the matter at hand; (ii) A person whose conduct may be imputed to the organization for purposes of criminal or civil liability; or (iii) A person who has authority to obligate the organization concerning the matter. If the persons represented by her own counsel, then consent by that counsel rather than the orga counsel is sufficient.

, a lawyer who leaves government service and enters private practice must not represent a private client in a matter in which the lawyer participated

personally and substantially while in government service, unless the government agency gives informed consent, confirmed in writing.

, a lawyer who leaves government service and enters private practice must not represent a private client in a matter in which the lawyer participated (rule for positions

personally and substantially while in government service, unless the government agency gives informed consent, confirmed in writing. s conflict rule applies even where the lawyer is not taking a position adverse to the government agency. Even though James's position will be the same as the public defender's prior position—that Miller is not guilty—James will be disqualified unless the public defender's office gives consent.

○ When must the attorney decline or withdraw?

physical or mental condition materially impairs ability to present, violates the RPC, or fire dB the client.

Malpractice requires proof of what?

preponderance of evidence innocent of underlying criminal offense.

○ Lawyer's personal interests that may gee involves

presentation continue with the client's consent, uniquely personal conflict is not imputed to the firm.

• Exception sot the duty of confidentiality?

prevent death or substantial bodily harm, rectify/prevent substantial financial injury to another if services are used in furtherance, defense of self in dispute concerning lawyer conduct, obtaining ethics advice, diet and resolve conflict due to employment merger practice change, complying with court order.

lawyers who can practice permanently multi jurisdiction still must seek

pro hac vice to litigate a matter in that state

parthernship with a nonlyawer to practice law

prohibited

• ACP basic rule

prohibits a court or other governmental tribunal from compelling the revelation of confidential communications between an attorney and a client if the subject of the communication concerns the relationship between the A and C.

○ Sexual relations with client

prohibits a lawyer from starting a sexual relationship with a client (see C.9., infra); therefore, L would be subject to discipline if he himself were defending C in the copyright case

Notify client of property/

promptly notify client of reciting property in which client has interest

Disputed property

property, including money, be kept separate from the lawyer's own possessions or money until the dispute is resolved, and that the lawyer shall promptly distribute any part of the property that is not in dispute [MR 1.15]. Therefore, the lawyer must leave his fee and the amount of the expert's bill in the trust account pending resolution of the fee dispute, give the remainder to the plaintiff, and pay the expert out of his own pocket. The plaintiff placed the lawyer's entitlement to any recovery, as well as the expert's fee, in dispute. The express language of the rule mandates this result, and appears to allow a disingenuous client to manipulate the system to the lawyer's detriment, an unfortunate result of the client-protective rule scheme. Therefore, this answer is correct.

Full time judges may act

prose se, and give legal advice to and draft docs for a member of family without compensation, but otherwise can't practice law.

Setting aside convictions when conflict of interest?

prosecutor has standing to raise the issue because any conviction obtained when there is a conflict of interest is subject to being set aside. The court examines the circumstances and disqualifies counsel when the potential for conflict is serious.

○ What duties does an attorney to a prospective but unfounded client? CPA

protect the prospective client's confidential information, protect any property given to the lawyer, use reasonable care in giving the person any legal advice such as forming an action, having merit, etc.

Lead generators

provide a matching referral, and directory service is provided with a list of lawyers who provide the service and ability to select and contact one of this elawyers. A lawyer may pay others to generate client leads as long as the lead generator does not recommend the lawyer and the lead genera- tor's communications are not false or misleading. A communication by the lead generator is false or misleading if it creates a reasonable impression that: (i) it is recommending the lawyer; (ii) it has analyzed the person's legal problems when determining whether to refer the person to the lawyer; or (iii) it is making the referral without any payment from the lawyer. [ABA Model Rule 7.2, comment 5]

Allowing to practice in a limited liability entity

provided the lawyer remains personally liable to the client for her own malpractice, and the entity complies with legal requirements for notice, insurance coverage, and the like. [ABA Model Rule 1.8, comment 14]

○ When can a selling lawyer still practice?

public agency, legal services, in house counsel, change in circumstances unexpected.

Candidate Judges are allowed to

publicly enodre or oppoe a candidate fo rthe same judicial office, allowable to contirbute to a politlca orgnaizstion/candidate within a amoutn of set time, speak on behalf of their onw acndidacy, attend political getherings. (i) establish a campaign committee; (ii) speak on behalf of her candidacy through any medium; (iii) publicly endorse or oppose candidates for the same judicial office for which she is running; (iv) attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office; (v) seek, accept, or use endorsements from any person or organization other than a partisan political organization; and (vi) contribute to a political organization or candidate, but not more than a maximum dollar amount to be determined by each jurisdiction to any one recipient.

If a lawyer is entrusted iwht a large sum to hold for a long period, the lawyer should

put into a separate, interest bearing account, and th enters it earns will belong to the client.

A lawyer must not represent a private client in a matter in which the lawyer has earlier personally participated and substantially while serving as an adjudicative offer, clerk, unless

r other third-party neutral, unless all parties to the proceedings give informed consent, confirmed in writing. Thus, (A) is correct and (B) is wrong.

Third party payor

rd party can pay for a lawyer to represent a client, as the lawyer's brother is offering to do. However, the client must give informed consent to the arrangement, the third party must not interfere with the lawyer's judgment, and the lawyer must preserve the client's confidentiality

Plan. What you can do

reach out to organizations about adopting the plan. because not talking to anyone about hiring you personally but with the rep of th reorganization who acts as a fiduciary to others.

Plan, what can you not do

reach out to potential members of the plan, but the plan could reach out to members.

○ Requirement for waiving general conflicts

reasonable belief can represent each competently and diligently,

• ACP, confidential?

reasonable belief that outsiders will not learn of the contents of the communications (eavesdropper means it still remains privileged. IT must have been made not intended to disclose to outsiders and the communicator must reasonably believe no outsider would hear of it. Third party present will not destroy confidentiality IF the party was needed to further the ACP relationship. But the have to play a direct role in communication and can be present because of client's psychological needs.

○ What are some issues related to post-termination Naf

reasonable notice to the client, refund advanced unearned payment, return client files unless legally permitted retain those files.

Informed consent includes

reasonably available alternatives, explaining the burden.

If a person is engaged in an action that might be injurious to the company the lawyer msut

refer the matter to the highest authority who can act on behalf of the company.

A lawyer can only act as an advocatee at a trial where she is likely a necceary witness if the testiony

relates to an uncontested issue, value of legal services, or disqualification would work substantial hardship

○ You cannot represent a client if

representation will be directly adverse to another client or significantly risk that significantly will be materially limited by another interest

Can't represent a current client if , in terms of former clinet

represented the same or substantially related matter and the interests of client are materially adverse, risk that past information would material advance current client's position involving the similar legal dispute.unless unicorn, consent+confirmed in writing.

Dsiscpilinary proceedings begin against a lawyer when complaint is filed. if it isn't dismissed lawyer is

requested to respond to the charges an the grievance ecommittee will einvetigate the charges and may hold a hearing at the haring, lawyerr gets due process. if decision is imposed, th flawy is entitled to review of the decision by the state's highest court.

Contingent fees are only for when

resolved in the client's favor, but not any actual recovery generally. vor. Often, a contingent fee is expressed as a percentage of the client's eventual recovery in the case, but it need not be; an otherwise proper contingent fee may still be proper even if there is no res, or pool of money, from which the fee can be paid. Some lawyers may choose to offer discounted fees that are contingent on the client's ability to pay, but this is not what is generally meant by the term contingent fee. A fee paid solely to ensure the availability of a lawyer is called a true retainer fee. P

○ Difference between retainer fee and a prepayment fee?

retainer fees resave the lawyer's availability. These are typically not refunded.

An attorney must not charge the client for:

rhead expenses associated with staffing, equipping, and running the attorney's office.

Bans on liveperson to person solicitation

s below, a lawyer or firm must not, by live person-to-person contact, solicit professional employment when a significant motive for doing so is the lawyer's or firm's pecuniary gain (i.e., money). "Live person-to-person contact" means in-person, face-to face, live telephone, or other real-time visual or auditory person-to-person communica- tions (e.g., Skype or FaceTime) where the targeted person is subject to a direct personal encounter without time for reflection. [ABA Model Rule 7.3(b)]

Private work following government work

same matter + personal substantially involved

prior involvement in a matter as judge, judicial officer or law clerk or third party natural

same matter + personally and substantially involved.

Government work following private work

same matter + was personally sand substantially involved

Opposing client of law firm who left firm

same or sub realated + one lawyers has material confidential information

opposing protective clietn

same or substnailly realated + gathering info during the consultation that could significantly harm the prospective client

How to deal with imputed conflicts baed on disqualified lawyers prior dealings?

screen lawyer + ndoes not share in fee+ notify affected parties

steps to take when disclosing confidentiality info by accident and not consent or authorized?

see if candor or outside reporting of corporate violations or superseded by a different ethics rule

○ Three seller's duties when selling a law practice

sell entire practice/area to attorneys, written notice to clients including notice of sale, right to obtain counsel, right to obtain possession of files, and that consent is transferred and presumed after 90 days(or court order to transfer if unreachable), and cannot continue private practice in local area, unless you change the field (gov, in house, etc. ), and identify a qualified purchaser.

When the judge inadvertently receives unauthorized export communication related to substance

she must make provision promptly to notify the parties of the substance of the communication and give them an opportunity to respond. [CJC Rule 2.9(B)]q

Business Transaction

shouldn't knowingly acquire interest adverse to a client, unless (!fair, reasonable (2) fullydisclse transaction (3) transmit in writing in client (4) advise client to seek advise of independent counsel (5) give time to do that (6) receive a writing signed giving informed consent to essential terms + role in transaction.

in person solicitation

solicitation for profit in circumstances that are likely to result in overreaching or misleading a layperson. [Ohralik v. Ohio State Bar Association, 436 U.S. 447 (1978)] In practice, misleading communications and in-person solicitation are regulated rather than completely banned.

○ Legal services authorized by law

sometimes law authorizes a restricted branch of law in a state you are not otherwise authorized to practice (such as patent work)

Which JXN can try conduct?

state bar and where it occurred.

Specializaing rules

statement is truthful, but can't imply specialist in a field of aw unless he hs been certified or accredited and name of organization is identified

When money or property belonging to a client comes into the lawyer's hands, the lawyer must not

steal it, borrow it, or put it to the lawyer's own use. Furthermore, the lawyer must keep it separated from the lawyer's own money and property. A lawyer is subject to discipline for commingling the client's money or property with the lawyer's own personal or business funds or property.

When a client hires a lawyer on a contingent fee basis and then fires the lawyer before the case is over, the lawyer is

still entitled to quantum meruit recovery for the reasonable value of the work done before the firing. However, the lawyer's claim doesn't arise until the contingency comes to pass.

client has diminished capacity what is confidentiality duty?

still exists, but impliedly authorized to revel info to the extent needed to protect form substantial harm

○ What can the lawyer decide about

strategic decisions, but must consult with client about how to do the work.

retire djudge

subject to recall is allowed to serve as an arbitrator or mediator (except while serving as a judge) and is allowed to serve as a fiduciary. [CJC Application II]

○ Ratification

subsequently ratifying lawyer actions through sending money, ratifying, which is giving the same effect as if acting with actual authority. Still subject to discipline but can't sue of rummages.

• ACP, who is an agent

support staff, someone brough tin to assist, client communication.

Representing a client before a legislative body

sying on the organizations behalf, follow same rules of the court .a

Negligence, Duty of care

t it is not always clear when a person becomes a client. [Id. §50] Courts are quick to find that an attorney- client relationship has been established if the attorney's neglect has misled the alleged client.; If an attorney provides legal services during a consultation with a prospec- tive client, the attorney must use reasonable care. [See Restatement §§51,15] An attorney also owes a duty of due care to other nonclients in certain circumstances, including where: (i) the third party was intended to benefit by the attorney's rendition of legal services, or (ii) the attorney invited the third person to rely on her opinion or legal services.

when someone is a director and the lawyer but participates as a director

t the Model Rules point out that the dual role can create conflicts of interest. For instance, when the lawyer participates in a meeting asa director (rather than as the organization's lawyer), the attorney-client privilege will not apply to communications at the meeting, but some of the other directors may not realize that. If there is a substantial risk that the dual role will compromise the lawyer's professional judgment, the lawyer should either resign as director or not act as the organization's lawyer when a conflict arises. [

lawyer should not make statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding. This includes information

that the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and that would, if disclosed, create a substantial risk of prejudicing an impartial trial [MR 3.6]. The lawyer's conduct here is impermissible.

Why not put this into individual accounts?

the amount of interest it could earn would be less than the ban's service charge for maintaining

However, when an attorney seeks to withdraw from a case and the court denies the necessary permission,

the attorney has to continue the representation. This is true even if the lawyer attempted to withdraw on a mandatory ground, as was the case here.

that, when a child or other person without capacity has a guardian,

the attorney must convey any settlement offer to the child's guardian and accept the settlement offer if the guardian directs him to do so. If the attorney believes that the guardian is acting adversely to the ward's best interests, he may have an obligation to take corrective action. However, there are no facts here showing that the guardian is acting adversely to the child's best interests.

• Competence and confidentiality

the attorney must safeguard confidential information by making reasonable efforts to prevent disclosure or access.

IOLTA, after the bank deducts its service charges from the interest

the bank sends the remaining interest to the state bar or legal foundation.

When a client defends against a charge of misconduct by claiming reliance upon counsel?

the client has waived the attorney client privielge.

You generally can't limit malpractice elibaility unless

the client is independently represented in making the agreement

○ Who decides the scope of representation ?

the client, but the lawyer can limit this scope if reasonable and the client give informed consent (hiring for only certain purpose)

• The duty of candor ran confidentiality

the duty of candor is greater than the duty of confidentiality

When does the duty to rectify false evidence continue until?

the end of proceedings.

Official Letterhead is okay when

the judge indicates reference is personal + no likelihood that use of the letterhead would be reasonably perceived as an attempt to use the office to exert pressure.

Judges making reference songy if

the judge indicates the reference impersonal, and there is no lkliehood the use of the letterhead would be received as an attempt to use the judicial office to exert pressure.

○ What happens when you don't report something that you are mandated to report?

the lawyer is subject to discipline for violating 8.3 that requires disclosure.

○ What happens hen there eyes a disagreement about the means used to reach client objectives?

the lawyer may have to withdraw.

When dealing with unrepresented parties

the lawyer must correct the employees misunderstanding about the lawyer's role in the matter.

○ What happens when the attorney discovers illegal course of action

the lawyer must not assist in the wrongdoing and assist in the withdrawal. This sometimes requires nosy withdrawal by giving outsiders notice and disaffirming any prior opinions.

Third party claims to fund she lawyer has and not frivolous?

the lawyer must refuse to surrender the funds to the client until the third party has been paid. However, a lawyer should not unilaterally presume to arbitrate a dispute between the client and the third party. If there are substantial grounds for the dispute, the lawyer may file an interpleader action to have a court resolve the dispute.

To protect the client from being taken advantage of, for fees the layer market up?

the lawyer must secure the client' agreement in advance for any charge for expenses in excess of the actual costs, even if the total amounts charged are within a reasonable range.

If a lawyer has offered a piece of evidence and later discovers that it is false, she must take reasonable remedial measures. Steps?

the lawyer must speak with her client, urging cooperation oto correct. IF not cooperating, the lawyer should consider asking permission to withdraw. Withdraw becomes mandatory if the lawyers dicosvery of also evidence creates a rift where the lawyer can no longer effectively present. Lawyer should strike false evidence or cancel its effect.

f a lawyer provides nonlegal services through an entity that is not her law office but that she controls,

the lawyer must take reasonable steps to assure that people who receive the nonlegal services understand that those services are not legal services and that the Rules of Professional Conduct do not cover those services.

A lawyer may evaluate a client's affairs for the use of a third person if?

the lawyer reasonably believes that making the evaluation is compatible with the lawyer's other responsibilities to the client,

Multiple representation is okay when

the lawyer reasonably believes the risk of adverse effect is minimal and all have given informed consent to multiple rep.

- Lawyer's may not acquire property interest in the cause of action unless

the lawyer toners a contingent fee arrangement or within a state that allows attorneys to secure a payment of fee and repay advanced litigation expense by taking a lien on the proceeds of the case. These liens can be authorized by statute, case law, or created as a K between A and C

○ How is apparent authority created?

the mere act of retaining is not enough to give apparent authority in settlements, even though it typically is. There must be some other indication the lawyer was authorized to settle.

Usgin information learned from client with another clinet

the model rules prohibit an attorney for using clinet infomraiotn against the clinet without informed, written consent. If the information does not disadvantage, its Okay.

○ When in an attorney client relationship, and the client receives law related services, the lawyer must satisfy certain conditions: FDAIW

the related services must be 1. fair, 2. fully disclosed, and 3. essential terms of the transaction, and advised that 4. he should seek advise from an independent lawyer regarding the arrangement, and the client must give 5. informed consent. Writing signed by a client.

• When can a lawyer reveal information related to the representation?

the representation is impliedly representation to carry out the authorized or the client gives representation.

- Does a revocation of consent mean the lawyer cannot continue representing other client sin the matter

the revocation may or may not mean the lawyer can resent other reclined sin the matter.

○ Representing co-parties, criminal

the risk of conflict is high and representation is not advisable

When i) when a lawyer represents a client in bilateral negotiations with the government, (ii) in an application for a license or other privi- lege, (iii) when the government is investigating the client's affairs, or (iv) when the govern- ment is examining the client's compliance with a regular reporting requirement (such as the filing of tax returns).

the rules of duty and candortypcial don't apply.

- No property interest in ?

the subject/action of litigating (this does not apply to transactional matters). This sis not something that a client can consent to.

Business transactions with clients

the terms of the transaction must be fair to the client; the terms must be fully disclosed to the client in writing, and such disclosure must cover the essential terms of the transaction and the lawyer's role in the transaction; the client must be advised in writing that he should seek advice from an independent lawyer regarding the arrangement; and the client must give informed consent in a writing signed by the client.

third Party Payor and consent

the third party payor must not interfere with the lawyer's professional judgment, and the lawyer must preserve the client's confidentiality. Here, the insurer is the third-party payor and the driver is the client. Therefore, the lawyer may not relate information to the insurer regarding the representation of the driver without the driver's consent. The Rules do permit a lawyer to reveal confidential information to prevent a client from using the lawyer's services to commit a fraud. The facts here suggest that the insurer suspects a fraud, but there is no suggestion that the lawyer's services are being used to further a fraud. Rather, the insurer is attempting to use the lawyer to determine whether a fraud was committed in the past. Therefore, this answer choice is correct.

○ There is a duty to report when

the violation raises substantial question as to lawyer's or judge's honesty, trustworthiness, or fitness to practice.

a conflict baed on personal interest of lawyer isn't imputed to the firm unless

there is a significant risk it would materially omit their rpesentation fo the client

aggregate settlements or, in a criminal case, aggregate plea agreements unless

there is disclosure as to: the nature of all the claims or pleas, persons involved, and each client gives informed consent in writing.

Screening former client conflict

there is no sharing of fees, no access to case files, notice to former client with disclosure about procedures.

Unearned fees and expense

they can only be kept in a client trust account and withdrawn as they re earned for incurred. Not appropriate for the lawyer to assume that all of the expense ones is the office property.

Similar legal issuses vs. substnailly related

they must have some relation, they aren't an issue just because rebasing similar legal issues.

refusing to offer evidence that you reasonably believe is false but you Cann't refuse to offer

this simony of a criminal defendant who is giving false info

• Types of criminal acts that result in the rejection from the bar

those involving moral turpitude including violence or dishonesty or general dishonesty. Concealing ANY ACT is a violation of moral turpitude, even if the action that is concealed is not of a turpitude nature.

○ What factors are considered in writing fees?

time and labor, complexity, nature of relationship, and fixed or contingent, the fee charged in the area, the amount at stake, time limitations, the nature and length of the relationship, the competence of the attorney.

- When is a sexual relationship better?

when it predated the lawyer client relationship. When a organization, the rule applies to any person who supervise, direst, or regularly consults the lawyer consenting the organization's legal matters. Even when predating, the lawyer should consider whether the relationship will materially limit the lawyer client relations and implicate conflict to interest concerns.

○ When do you not have to fulfill mandatory reporting?

when it violates duty of confidentiality or the violation was leaned in a lawyer's assistance program. In fact, you would violate the confidentiality rules if it was reported. (8.3c and comment 5)

Reroting another lawyers conduct is permitted

when not susbtnatila question, but required to do so when it is a subtotal question, but shouldn't threaten charges for purpose of obtaining aan advantage for your client.

○ Firm use

when one lawyer can't take eon a matter, the either lawyers can't take it on.

Ex parte for judges is allowed when

when the communications are expressly authorized by law; with the consent of the parties in an effort to mediate or settle a pending dispute; or in certain emergency or administrative matters.

○ When wall the lawyer's action bind the client?

when the lawyer has accrual or apparent authority

○ When is reporting not mandatory?

when the question raised was not substantial, reflect concerns or the violation was just suspect, and the person does not have actual knowledge.

When can lawyers serve as both.

when the testimony as a witness relates solely to an uncontested matter or a formality. Soley to the nature of the value of legal services rendered. or if withdrawal as counsel would cause substantial hardship (does no tinclude duplication of legal fees or loss of a relationship don't constitute this)

○ When subordinate lawyers act upon the directions of a supervisor may be relevant in determining what?

whether the subordinate had knowledge that is required for some ethics violation (such as knowing whether the allegations in a memo turned draft are frivolous)

○ What are three decisions that clients must be the ones to control?

whether to settle in a civil case, what to pela in a criminal case, whether to waive a jury trial in a criminal case, and whether to testify in a criminal case, and in all cases whether to appeal.

advising a member of a group to go work with prosecution.

which was perfectly ethical), the attorney has had private attorney-client conversations with parties on "both sides." That is a conflict which is not subject to informed consent

Conflicts between concurrent clients in this same firm

whole firm is disqualified when one is disqualified, unless informed consent.

Gov lawyers who receive confidential information about a person may not later present private client

whose interests are adverse to that person, when the info could be use dot the material disadvantage to that person. CAN use if the interests are adverse but the it won't materially disadvantage that person

Lawyer who is an attorney for the govenermnt may be subject to discipline for negotiations private employment . . . .

with an entry that is invoked as a party in a matter for which they attorney is participating in personally and substantially.

○ When is fee division allowed?

within the firm, retiring members, retired members, and former member swath pending cases.

When economically bt not legally adverse

won't get punished for railing to disclose, but may disclose for client goodwill.

Mandatory Withdrawl

would result in a violation of the law or Rules, the lawyer has a physical or mental condition that impairs their ability to represent the client, or the lawyer is discharged.

Fee sharing msut be in

writing! and must be reaosnable

○ Formalities of fee agreements

written is preferred, and is required for contingent fees.

can judges publicly explain court procedures?

yes

Can a judge communicate with the hirigin committee?

yes!

○ Can attorneys and clients agree prior to which jurisdiction applies in conflicts of interest disputes?

yes! They can enter into an advance agreement specifying the predominate effect jurisdiction.

Can an appointment be a financial burden?

yes!a lawyer can only refuse to accept w/ good cause, such as, appointment would cause ivoaltin of law or roc, or would be unreasonably financially burdensome.

- Can lawyers accept substantial gifts?

yes, but it may be void for undue influence.

Can you condition a nonindignet cline trees on cingnecy?

yes, can make pyaemtns and then say I don't have to ge these back if we lose.

○ Credit for services?

yes, can use a lien, credit card, bank loans to pay a fee.

can a lawyer refuse to offer evidence reasonable believed as false?

yes, except fo ra criminal defendant testimony. This applies sin a ancillary proceeding gtoo

Can you disobey court orders?

yes, for the purpose of making a challenge to the validity for an order.

Solication, do you have to know that they need legal help?

yes, its communication initiated to a person specifically known to need legal services

Can a client ever consent to there information being used to their disadvantage?

yes, otherwise can't use client's confidential info for lawyer's now benefit or disadvantage fo the client.

○ Can an attorney accept property in return for services?

yes, provided it does not involve an interest in the action/litigating subject. The attorney also has to be careful if it is a business transaction.

- Can a lawyer advance court costs

yes, the lawyer may advance court costs an dither litigation expenses and repayment be contingent on the outcome of the cease.

CAn yo solicit for things that don't include pay?

yes, you can solicit if it isn't motivated by pecuniary gain.

Can a lawyer communicate with a represnted person concenring a mtter outside the rerpesentaiton?

yes.

Do you have to admit adverse what is in the same level?

yes.

○ What happens if you fail to clearly decline legal services but the lawyer should know the client to be reasonably relies that they have hired you?

you are their lawyer!

Talking with an unrepresetnted person about your client's matter.

you can, but you must not state or imply that you are disinterested. and if this person conflicts with your client' sinters can't get legal advice.

Confidential information government to private practice

you cannot represent a private client agains tone whose confidential government information was acquired during employment.

Government to private practice or priavte to government agency

you cannot represent a private client if the same matter lawyer worked for personally and substantially on matter unless the agency consents. IMPUTED but can be screened out.

Opposing former clients

you cannot represent new clients against your former client if the matter is same/substntially related to the former client's matter unless the former client consents.

Prospective client and adversity

you cannot represent someone adversely in the same matter if the confidential information that was obtained during consultation would be significantly harmful to prospective client. This is imputed to the firm.

○ How to collect the fees?

you could do the work and then bill, or ask for payment in advance. However, if you pay legal fees in advance, the money is not yours until you have earned it.

○ If charging the same, routine rate for a regular client?

you do not have to repeat the fee information each time,

You can only participate in a group or prepaid services plan the tases personal contacts to enroll members or sell subscriptions if

you do not own or direct the org the operates the plan

○ What happens when there is a settlement and plea offer?

you must promptly inform clients of settlement and plea bargain offers unless the client has expressly authorized acceptance or rejection of certain offers.

Influencing a judge

cannot convey the impression that anyone is in a position to influence the judge.

Duty of Competence

Lawyers must act with the knowledge, skill, thoroughness, and preparation needed to do the work

Judical cadiate in a partisan, non partisan or renting election.

(i) Act in a manner consistent with the independence, integrity, and impartiality of the judiciary; (ii) Comply with applicable election, election campaign, and campaign fund-raising laws and regulations of the jurisdiction; (iii) Review and approve the content of campaign statements and materials produced by the candidate or her campaign committee before their dissemination; and (iv) Take reasonable measures to ensure that other persons do not undertake on her behalf activities that the candidate is prohibited from doing by Rule 4.1.

Duty to notify, keep records, render accountings, and pay over promptly

(i) The lawyer must notify the client promptly when a third party turns over money or property to the lawyer to hold on the client's behalf; (ii) The lawyer must keep complete, accurate, and up-to-date records of all money and property held on behalf of the client. These records must be kept in accordance with gener- ally accepted accounting practice, and they must be preserved for five years after the termi- nation of the representation; (iii) The lawyer must render appropriate accountings of all money and property held on behalf of the client; and (iv) When the time comes to pay over money or deliver property to which the client or a third party is entitled, the lawyer must do so promptly.

Establishing Defense

A lawyer mayodisclsoe a clinet' sconfinece, to establish a defense to a criminal charge or civil claim gains lawyer based on conduct were the client was involved. Does not have to await thefiing of r formal charge or complaint. Self protection is an exception to. ondifentiality.

The attorney is subject to discipline because the spectator initially declined the attorney's request for an interview. ABA Model Rule 3.5(c) provides that after the trial is over and the jury is discharged, a lawyer must not communicate with a former juror or prospective juror if any of the following conditions is met:

(i) local law or a court order prohibits such communication; (ii) the juror has told the lawyer that she does not want to communicate; or (iii) the communication involves misrepresentation, coercion, duress, or harassment.

Aggregate settlement agreement process

(i) the clients come to an agreement about how the aggregate sum will be shared; (ii) the lawyer discloses to each client all terms of the sharing agreement including the total amount that will be paid, the existence and nature of all claims, defenses, and pleas involved in the settlement, the details of every other client's participation in the settlement, and how and by whom the lawyer's fees will be paid; and (iii) each client gives informed consent in a signed writing. N

Contractual limitatons/modifications clients can avoid.

(i) the contract was made some time after the representation began, unless the lawyer shows that the contract and circumstances of its formation were fair and reasonable to the client; or (ii) the contract was made after the lawyer's work was completed, and the client was not informed of facts needed to evaluate the appropriateness of the lawyer's compensation or other benefits conferred on the lawyer by the contract.

When disclosing to avoid conflicts o fintersts

(i) the disclosure may be made only after substantive discussions regarding the new relationship have occurred; (ii) the disclosure must be limited to the minimum neces- sary to detect any conflicts of interest; (iii) the disclosed information must not compromise the attorney-client privilege or otherwise prejudice the clients; and (iv) the disclosed information may be used only to the extent necessary to detect and resolve any conflicts of interest.

Certification as a specialist unless

(i) the lawyer has in fact been certified as a specialist by an organization that has been approved by the ABA or by an appropriate state authority; and (ii) the name of the certi- fying organization is clearly identified in the communication. [ABA Model Rule 7.2(c) and comment 9]

• Two requirements that are not allowed to become an attorney

Citizenship and residency

Crime or fraud, failure to disclose material facts

A lawyer must disclose material facts to a third person to avoid assisting in a crime or road unless confidentiality rules prevent this.

What gifts must be reported by a jduge

. Gifts that Must Be Reported If not prohibited by the requirements of Rule 3.13(A), the following may be accepted but must be publicly reported if so required by Rule 3.15: (i) Gifts incident to a public testimonial; (ii) Invitations to the judge and her spouse, domestic partner, or guest to attend without charge an activity related to the law, the legal system, or the administration of justice, or an event associated with any of the judge's educational, religious, chari- table, fraternal, or civic activities permitted by the CJC, if the same invitation is offered to nonjudges who are engaged in similar ways in the activity; and (iii) Gifts, loans, bequests, or other things of value, if the source is a person who has come, or is likely to come, before the judge, or whose interests have come, or are likely to come, before the judge.

Not a soliciatin

. However, a communication is not a solicitation if it: (i) is directed to the general public (e.g., through a billboard, website, television commercial, or Internet banner advertise- ment); (ii) responds to a request for information; or (iii) is automatically generated in response to an Internet search. [ABA Model Rule 7.3(a) and comment 1]

Exoeditng litigation

A lawyer must make reasonable efforts to expedite litigation, consistent with the interestsof the client. [ABA Model Rule 3.2] A lawyer may occasionally ask for a postponement for personal reasons, but he should not make a habit of it

STATEMENTS ABOUT JUDICIAL AND PUBLIC LEGAL OFFICIALS

A lawyer must not make a statement that the lawyer knows is false about the qualifications or integrity of a judge, hearing officer, or public legal official, or about a candidate for a judicial or legal office. The same rule applies to statements made with reckless disregard as to truth or falsity. [ABA Model Rule 8.2(a); Restatement §114]

Permissible activities for judges

(i) Assistance in planning for fund-raising, and participation in management and invest- ment of funds; (ii) Solicitation of contributions for the organization, but only from members of the judge's family or from judges over whom the judge has no supervisory or appellate authority; (iii) Membership solicitation, even though the dues or fees generated may be used to support the objectives of the organization, but only if the organization is concerned with the law, the legal system, or the administration of justice; (iv) Appearing or speaking at, receiving an award at, being featured on the program of, and permitting her title to be used in connection with an organization's event (if the event is a fundraiser, such participation is permitted only if the event concerns the law, the legal system, or the administration of justice); Making recommendations to a fund-granting organization in connection with its programs and activities, but only if the organization is concerned with the law, the legal system, or the administration of justice; and (vi) Service as an officer, director, trustee, or nonlegal advisor, unless it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge, or will frequently be engaged in adversary proceedings in the court on which the judge sits or one under its appellate jurisdiction.

a judge or judicial mandate cannot

(i) Lead or hold office in a political organization; (ii) Make speeches on behalf of a political organization; (iii) Publicly endorse or oppose a candidate for public office; (iv) Solicit funds for, pay an assessment to, or contribute to a political organization or a candidate for public office; (v) Attend or buy tickets for dinners or other events sponsored by a political organization or a candidate for public office; (vi) Publicly identify herself as a candidate of a political organization;(vii) Seek, accept, or use endorsements from a political organization; (viii)Personally solicit or accept campaign contributions other than through a campaign committee authorized by Rule 4.4; (ix) Use or permit the use of campaign contributions for private benefit; (x) Use court staff, facilities, or other court resources in her campaign; (xi) Knowingly, or with reckless disregard for the truth, make a statement that is false or misleading, or that omits facts necessary to make the communication considered as a whole not materially misleading; (xii) Make a statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; or (xiii)In connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.

Prior involvement: when must a judge disqualify himself?

(i) Served as a material witness in the matter; (ii) Served as a lawyer in the matter; (iii) Was associated in law practice with a person who participated substantially as a lawyer in the matter at the time they practiced together; (iv) Presided as a judge over the matter in another court; or (v) Served in governmental employment, and in such capacity participated person- ally and substantially as a lawyer or public official concerning the proceeding, or publicly expressed in such capacity an opinion concerning the merits of the partic- ular matter in controversy.

Other Regulation of Truthful, Nondeceptive Communications—Intermediate Scrutiny Because attorney advertising is commercial speech, regulation of it is subject to only inter- mediate, rather than strict, scrutiny and can be regulated if satisfying a three prong test.

(i) The government must assert a substantial interest in support of its regulation; (ii) The government must demonstrate that the restriction on commercial speech directly and materially advances the interest; and (iii) The regulation must be narrowly drawn.

Intentional Tort

(just as any nonprofessional would be) for fraud, misrepresentation, malicious prosecution, abuse of process, or misuse of funds.

Judge, adjudicative offer, law clerk:

, a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing. This only applies to mattes where the mediator served. When the issue the lawyer mediates is already resolved, you can freely work.

○ Choice of law

, if the conduct in question occurred in connection with a proceeding, the rules of the tribunal where the proceeding sits will apply.

retaining liens.

, the lawyer holds documents, funds, and property of the client until his fee is paid.

○ What can the lawyer not advise on?

-> anything illegal or fraudulent. However, the attorney can discuss the legal consequences of a certain action. If illegal or fraudulent, the atty must explain why.

When an organization is the lawyer's clinet, when orgs an constituents clinfct, the lawyer remains organization's lawyer, not the person

. It would be appropriate for the lawyer to remind the person that communications between them may not be protected by the attorney-client privilege, and that the person may want to obtain independent counsel. [ABA Model Rule 1.13] Here, the lawyer should not have asked the question unless he was prepared for an affirmative answer. He should have known before asking that if the answer was yes, the employee's interests and the marine supply company's interests would conflict; thus, the lawyer should not have offered to represent the employee, and certainly should not have promised to keep the employee's statements in confidence. (Note that the lawyer could be subject to discipline for this conduct.) The issue here, however, is what course of action the lawyer may now take. Now that the lawyer has agreed to represent the employee, and the employee has confessed in confidence, the only thing the lawyer can do is withdraw from the matter entirely and keep the employee's confession in confidence. [See ABA Model Rule 1.9]

When a lawyer is fired he must return?

. When a lawyer is fired, he must return all "papers and property to which the client is entitled." [ABA Model Rule 1.16(d)] In this case, the client is entitled to all the papers the lawyer has prepared.

Reciprocal reveal agreements with a lawyer o non lawyer professional

., "I will refer poten- tial clients, patients, or customers to you if you will do likewise for me." [ABA Model Rule 7.2(b)(4)] "

Biases for judges must be

2.11(A)(1)] To be disqualifying, a bias must be personal and stem from an extrajudicial source; adverse attitudes toward a party formed on the basis of evidence presented in the case are not disqualifying

Concurrent Clients

8 provides that a lawyer must not use or reveal confidential information of a prospective client. [See also ABA Model Rule 1.6] Here, the information communicated to the patent attorney was not confidential; thus, the patent attorney's undertaking representation of the pharmaceutical corporation did not create a concurrent conflict of interest-there is no significant risk that the representation of the pharmaceutical corporation would be materially limited by the patent attorney's responsibilities to the bioengineering firm. Consequently, the patent attorney may continue to represent the pharmaceutical corporation

Communication allowed by consent to discus rule

: (i) a lawyer from communicating with a represented person when the communication is authorized by law or court order or when the communication doesnot concern the subject of the representation; (ii) represented persons from communicating directly with each other; and (iii) a lawyer from interviewing an unrepresented person who will be called as a witness by some other party.

To prevent commercial speech from misleadingg consumers, the government may require commercial advertisers to make certain factual didclsorues if this requirement is not

: (i) not unduly burdensome, and (ii) reasonably related to the state's interest in preventing decep- tion. [Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio, 471 U.S. 626 (1985

Exceptiosn to imputed disqualification

: (i) the conflict is personal to the disqualified lawyer (e.g., a family or romantic relationship) AND does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm; or (ii) the conflict involves the disqualified lawyer's former work, and the disqualified lawyer is timely screened from participation in the matter and is apportioned no part of the fee from the matter.

Criminal activity and withdrawwal

:A lawyer must not counsel or assist a client to engage in fraudulent or criminal behavior. If she discovers that conduct she assisted with and believed was legally proper is not, she must withdraw. [Model Rule 1.2.] However, here the client has asked for the lawyer's help in committing crimes but the lawyer has not helped. She therefore need not withdraw, although she must continue to avoid assisting the illegal behavior.

Lawyers as mediator, and unrepresented parties

:A lawyer serving as a mediator does not represent anyone. Unrepresented parties may not understand that, and a question like the husband's demonstrates that the husband does not. At that point, the lawyer has a clear and unequivocal duty to explain to the husband the difference between the lawyer's role as the mediator and the role of a lawyer who represents a client. The husband should not be looking to the mediator for partisan legal advice, and the husband is entitled to know that.

rules for gifts and instruments

:Lawyers are not permitted to solicit gifts from clients or prepare documents giving gifts to themselves (except as a favor to certain relatives or where the gift is insubstantial). However, there is no rule prohibiting a lawyer from receiving a substantial gift from a client, unless the lawyer receiving the gift drafts the instrument that creates the gift. A lawyer may accept a gift that does not require an instrument. In th

Lawyers and requirement of appeals discussions

:Lawyers may reveal confidential information in response to a court order, but the lawyer is required to consult with the client about the possibility of an appeal of any such order. The client may or may not authorize the appeal, but the lawyer's duties of communication and confidentiality require that the lawyer consult about that possibility before turning over the information.

Lawyers and prepping reports for third parties.

:Lawyers who are engaged to prepare reports for third parties sometimes will conclude that making the report will be adverse to the client's interests. When that happens, the lawyer may deliver the report to the third party only with the client's informed consent. Here, the attorney's action was not proper because he did not obtain the client's informed consen

Even unrelated jurors and lawyers, communication with jurors

:The lawyer would be subject to discipline if she answered the forewoman's questions while knowing that the forewoman is a member of an impaneled jury. Model Rule 3.5 states that a lawyer may not communicate ex parte with a juror during a trial unless authorized to by law or court order. This restriction applies to all lawyers, not just those involved in the trial.

Paying for advertising and other Services

A A lawyer may pay the reasonable costs of permitted advertisements (e.g., broadcast airtime, directory listings, or newspaper ads). Additionally, a lawyer may pay the usual charges of: (i) a legal service plan (see D., infra), (ii) a not-for-profit lawyer referral service, or (iii) a qualified lawyer referral service. "Qualified" means that the service has been approved by an appropriate regulatory authority. A lawyer who accepts assign- ments or referrals from a legal services plan or lawyer referral service must ensure that the organization's communications comply with the lawyer's obligations (that is, are not false or misleading). [ABA Model Rule 7.2(b)(1), (2) and comment 7]

Appointment to justiciar office candidate activiies

A candidate for appointment to judicial office may communicate with the appointing or confirming authority, including any selection, screening, or nominating commission. Also, a candidate may seek the endorsement of a person or organization, other than a partisan political organization. [CJC Rule 4.3]

What is a reccoemdnation

A communication about a lawyer's services is a "recommendation" if it endorses or vouches for the lawyer's credentials, abilities, competence, character, or other professional qualitie

Ommitted Facts

A communication can be true but misleading if it omits a fact that is necessary to make the communication as a whole not materially misleading. [ABA Model Rule 7.1, comment 2]

High fees.

A court will not enforce a contract for an unreasonably high attorney's fee or an unreasonably high amount for expenses, and the attorney is subject to discipline for trying to exact such a fee or amount for expenses. Even if, in theory, the attorney and client bargained at arm's length over the fee, many clients are inexperienced with attorneys' fees. Thus, in fee disputes, courts strain to give the benefit of the doubt to the client. PR0111

JUDGES SERVIGN as an arbiter or mediator

A full-time judge must not act as an arbitrator, mediator, or private judge unless expressly authorized by law. This does not, of course, prevent the judge from participating in arbitra- tion, mediation, or settlement conferences as part of her regular judicial duties. [CJC Rule 3.9 and comment 1]

Practicing law as a judge

A full-time judge must not practice law. However, a judge may act pro se and may, without compensation, give legal advice to, and draft or review documents for, a member of her family. A judge must not, however, act as a family member's lawyer in any forum. [CJC Rule 3.10]

Right to be heard

A judge must allow every person with a legal interest in a proceeding the right to be heard according to law. Although a judge may encourage settlements, he must not act so as to coerce a party into settlement. It is important to keep in mind the possible effects of a judge's participation in settlement talks, i.e., the effects on the judge's views of the case as well as on the parties' perceptions if the judge retains the case following unsuccessful negotiations. [CJC Rule 2.6 and comment 2]

Judges in deterring fee waiver

A judge must assure herself that acceptance of reimbursement or a fee waiver would not appear to undermine her independence, integrity, or impartiality. In making this deter- mination, a judge should consider the following: (i) Whether the sponsor is an accredited educational institution or bar association rather than a trade association or a for-profit entity; (ii) Whether funding comes largely from numerous contributors rather than from a single entity and is earmarked for programs with specific content; (iii) Whether the content is related to the subject matter of litigation pending or impending before the judge, or to matters likely to come before the judge; (iv) Whether the activity is primarily educational rather than recreational, and whether the costs are reasonable and comparable to the costs of similar events sponsored by the judiciary or bar associations; (v) Whether information related to the activity and its funding sources is available upon request; (vi) Whether the sponsor or source of funding is generally associated with parties or interests currently appearing or likely to appear in the judge's court, thus poten- tially requiring the judge's disqualification under Rule 2.11 (see C.18., supra); (vii) Whether differing viewpoints are presented; and (viii)Whether a broad range of judicial and nonjudicial participants are invited, whether a large number of participants are invited, and whether the program is designed specifically for judges.

public statement of committment

A judge must disqualify himself if he, while a judge or a candidate for judicial office, has made a public statement other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or to rule in a particular way in the proceeding or controversy. [CJC Rule 2.11(A)(5)]

Can a judge serve on a govenremtnal committeee

A judge must not accept an appointment to a governmental committee or commission or other governmental position that does not relate to the law, the legal system, or the admin- istration of justice. Such appointments are likely to be very time-consuming, can involve the judge in controversial matters, and can interfere with the independence of the judiciary. A judge may, however, represent a governmental unit on a ceremonial occasion, or in connection with a historical, educational, or cultural activity. [CJC Rule 3.4 and comments 1 and 2]

Acceptance and Reporting of Gifts, Loans, Bequests, Benefits, or Other Things of Value

A judge must not accept gifts, loans, bequests, benefits, or other things of value if acceptance thereof is prohibited by law or would reasonably appear to undermine the judge's indepen- dence, integrity, or impartiality. [CJC Rule 3.13(A)]

administrative appointments and campaigns

A judge must not appoint a lawyer to a position if the judge knows (or learns through a timely motion) that the lawyer, the lawyer's spouse, or the lawyer's domestic partner has contributed to the judge's election campaign more than the jurisdiction's specified dollar amount within a designated number of years prior to the judge's campaign. However, this provision does not apply if the appointive position is substantially uncompensated; the lawyer is selected as part of a rotation of qualified lawyers chosen without regard to their political contributions; or the judge finds that no other lawyer is willing, compe- tent, and able to accept the position. [CJC Rule 2.13(B)]

Judges and discrimination

A judge must not hold membership in an organization that practices invidious discrimina- tion based on race, sex, gender, religion, national origin, ethnicity, or sexual orientation. [CJC Rule 3.6(A)] Even if the judge is not a member of such an organization, he must not use the organization's benefits or facilities if he knows or should know that it practices one of the prohibited forms of invidious discrimination. However, the judge may attend an event in a facility of the organization if his attendance is an isolated event that could not reasonably be perceived as an endorsement of the organization's practices. [

Judge using non public information

A judge must not intentionally disclose or use nonpublic information acquired in his judicial capacity for any purpose unrelated to his judicial duties. [CJC Rule 3.5]

testifying as a character witness

A judge must not testify as a character witness, except when duly summoned to do so, i.e., by subpoena. Ordinarily, a judge should discourage parties from requiring his testimony as a character witness. [CJC Rule 3.3 and comment 1]

No "Family Exception" to Prohibition Against Candidate Endorsement

A judge or candidate must avoid involvement in a family member's political activity or campaign for public office. Reasonable steps must be taken to avoid the implication that the judge or candidate endorses the family member. [CJC Rule 4.1, comment 5]

Activities of Other Persons

A judge or candidate must take reasonable measures to ensure that other persons do not undertake on her behalf any of the prohibited activities set forth in 1., supra. [CJC Rule 4.1(B)]

responding to statements by others.

A judicial candidate may make a factually accurate public response to false or misleading statements issued by her opponent, third parties, or the media, concerning, e.g., her integrity, experience, or fitness for office. [CJC Rule 4.1, comment 8] Although the candidate may respond directly, if the allegations to which she is responding relate to a pending case, it is preferable for someone else to respond. [CJC Rule 4.1, comment 9]

permitting promises related to judicai lorgnaization

A judicial candidate may make campaign promises related to judicial organization, administration, and court management, e.g., promises to dispose of case backlogs or to begin court sessions on time. It is also permissible to pledge to take certain actions outside the courtroom, such as working to improve the jury selection system or advocating more funds to improve the physical facilities of a courthouse. [CJC Rule 4.1, comment 14]

Prospective waivers of malpractice liability

A lawyer must not make an agreement with a client that prospectively waives or limits the lawyer's liability for legal malpractice, except in the unlikely event that the client is indepen- dently represented in making the agreement. [ABA Model Rule 1.8(h)(1)] Note that unlike with settlements (above), the client must actually be represented by independent counsel; advising the client to seek representation is not sufficient

Campaign committees

A judicial candidate running in a public election may establish a campaign committeeto manage and conduct her campaign. The candidate is responsible for ensuring that the committee complies with applicable law and applicable parts of the CJC. [CJC Rule 4.4(A)] Solicitation Time Limits The candidate must direct the committee not to solicit or accept contributions more than a certain amount of time (designated by other state law) prior to the applicable election, nor more than a designated number of days after the last election in which the candidate participated. [CJC Rule 4.4(B)(2)] Campaign Contribution Limits The candidate must direct the committee to solicit and accept only reasonable contribu- tions, not to exceed the jurisdiction's specified limits. [CJC Rule 4.4(B)(1)] Disclosure Requirements The candidate must direct the committee to comply with any statutory requirements for disclosure and divestiture of campaign contributions, and to file with the appro- priate authority a report that states the name, address, occupation, and employer of each person who has contributed an amount in excess of the applicable maximum. The report must be filed within a post-election time period designated by the jurisdiction. [CJC Rule 4.4(B)(3)] 5. Activities of Judges Who Become Candidates for Nonjudicial Office When a judge becomes a candidate for a nonjudicial elective office, she must resign her judgeship unless applicable law permits her to retain her judicial office. If the judge becomes a candidate for a nonjudicial appointive office, she need not resign her judgeship, provided that she complies with all other provisions of the CJC. [CJC Rule 4.5]

Misleading non associated lawyers

A law firm name is misleading if it includes the name of (or otherwise implies a connection with): (i) a deceased lawyer who was not a former member of the firm, (ii) the name of any lawyer who is not associated with the firm or predecessor firm, or (iii) the name of a nonlawyer. [ABA Model Rule 7.1, comment 5]

Ex parte communication

A lawyer can't have that w/o authorization of law or court order.

Impermissibel solicitatoin

A lawyer is prohibited from soliciting professional employment, regardless of what method is used or who the target is, if [ABA Model Rule 7.3(c)]: The target of the solicitation has made known to the lawyer that she does not want to be solicited by the lawyer; or The solicitation involves coercion, duress, or harassment.

Misrepsenting self as lawyer

A lawyer is required to be truthful when dealing with others on a client's behalf. Though he generally has no affirmative duty to inform an opposing party of relevant facts, he still must not misrepresent himself [MR 4.1].

False or misleading information

A lawyer is subject to discipline for any type of communication about the lawyer or the lawyer's services that is false or misleading. [ABA Model Rule 7.1] This rule applies to all kinds of communications, including advertisements, personal communications, office signs, professional cards, professional announcements, letterheads, brochures, letters sent by post or e-mail, and recorded telephone messages. [See ABA Model Rule 7.1, comment 1]

Lawyer's discipline for clinging client property

A lawyer is subject to discipline for commingling the client's money or property with the lawyer's own personal or business funds or property. When the lawyer comes into possession of non-monetary property to be held on a client's behalf, the lawyer must identify it as belonging to the client and must put it in a safe place. Although it is advisable to place small items in a safe deposit box, Nate is subject to discipline because he commingled Elva's property with his own.

Who can a lawyer control as far as discussions?

A lawyer may advise a person not to voluntarily give information to an opponent or other party if the following conditions are met: (i) the person is a client, or a relative, employee, or agent of a client; and (ii) the lawyer reasonably believes that the person's interests will not be harmed by not volunteering the information. Beth's best friend and the crossing guard don't fall within any of these categories.

Arbitration of legal malpracticee claism

A lawyer may agree prospectively with a client to arbitrate all legal malpractice claims, provided that such an agreement is proper under local law and the client understands the scope and effect of the agreeme

Bringing a motion wiht no law or facts

A lawyer may bring a motion for which no basis in law exists, no facts in the record support the motion, and the lawyer's only argument is to reverse the law.

Securing wavier of pretrial rights

A prosecutor must not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing. [ABA Model Rule 3.8(c)]

Rules for subpoenas

A prosecutor must not subpoena another lawyer to give evidence about a client or former client unless the evidence is 1. not privileged, 2. is essential, and 3. cannot be obtained in another way. [ABA Model Rule 3.8(e)]

Nominal Gifts or Gratuities

A lawyer may give a nominal gift or gratuity as an expression of appreciation to a person who recommended the lawyer or the lawyer's firm, provided the gift or gratuity was not intended or reasonably expected to be a form of compensation for recom- mending the lawyer's services. Such gifts must not exceed a token item that would be given for a holiday or in the course of ordinary social hospitality. A gift is prohibited if offered or given in consideration of any understanding that such a gift would be forth- coming or that referrals would be made or encouraged in the future. [ABA Model Rule 7.2(b)(5)] Must be given as a token after the fact not because they would promise they would recommend you.

Lawyer Legal services provider

A lawyer may participate in a prepaid or group legal services plan that uses personal solicitation to secure clients, as long as: (1) the lawyer is not personally involved in the solicitation; (2) the organization is not owned or directed by the lawyer; and (3) the persons solicited are not known to be in need of legal services in a particular matter.

REsfuing to grant extensions

A lawyer may refuse a request to grant an extension or other courtesy for any reason or no reason at all within the bounds of the law. While ethical principles encourage civility and courtesy, no rule requires a lawyer to grant an extension on request, especially when his client has already made clear that he is concerned about potential delay [MR 1.3 [cmts. 1, 3]]. Therefore, this answer is correct.

Lawyers offering false evidence, criminal

A lawyer may refuse to offer evidence that she reasonably believes is false, except for a criminal defendant's testimony on his own behalf. Here, Heather suspected—but did not know—that Joe's testimony would be false. This is a criminal case, but Joe isn't the defendant. Thus, Heather had the option of refusing to call Joe as a witness. However, she won't be subject to discipline for calling him because she didn't know that his testimony would be false.

Disclosure to Prevent or Mitigate Substantial Financial Harm

A lawyer may reveal the client's confidential information to the extent necessary to prevent the client from committing a crime or fraud that is reasonably certain to result in substan- tial financial harm to someone, if the client is using or has used the lawyer's services in the matter. The same is true if the client has already acted and the lawyer's disclosure can prevent or mitigate the consequent financial harm.

• Financial harm confidentiality exception

A lawyer may reveal the client's confidential information to the extent necessary to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial financial harm to someone, if the client is using or has used the lawyer's services in the matter. The same is true if the client has already acted, and the lawyer's disclosure can prevent or mitigate the consequent financial harm

Reform gropu

A lawyer may serve as a director, officer, or member of a law reform group, even though a reform advocated by the group may harm one of the lawyer's clients. Canbeenfit client, but must disclose it.

Lawyer serving as director

A lawyer may serve as a director, officer, or member of a legal services organization (apart from the lawyer's regular employment) even though the organization serves persons whose interests are adverse to the lawyer's regular clients. [ABA Model Rule 6.3] This general rule is, however, subject to the limitations stated below. However, the lawyer must not knowingly participate in decisions or actions of the org if incompatible o client obligations, adversely affect rep of organization's clients.

Inconsistent legal positions

A lawyer may take inconsistent legal positions in different tribunals at different times on behalf of different clients. The mere fact that advocating a legal position on behalf of one client might create precedent adverse to the interests of a client represented by the lawyer in an unrelated matter does not create a conflict of interest [MR 1.7 [cmt. 24]]. . A conflict of interest exists, however, if there is a significant risk that a lawyer's action on behalf of one client will materially limit the lawyer's effectiveness in representing another client in a different case; for example, when a decision favoring one client will create a precedent likely to seriously weaken the position taken on behalf of the other client

Lawyer's financially assisting clients?

A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that a lawyer may advance court costs and expenses of litigation. The repayment of these expenses may be contingent on the outcome of the matter, and a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client [MR 1.8(e)]

disclosing evidence to remedy conviction

A prosecutor must promptly disclose new, credible, and material evidence that creates a reasonable likelihood that a defendant was wrongly convicted. [ABA Model Rule 3.8(g)] Further, the prosecutor must seek to remedy the conviction of a defendant in his jurisdiction if he knows of clear and convincing evidence that the defendant was innocent. [ABA Model Rule 3.8(h)]

Reimbursement of client

A lawyer who has breached a duty to his client with monetary effect cannot escape disci- pline by reimbursing the client for any loss. Thus, even if the lawyer pays the client back for any damage he caused, he is still subject to discipline.

SImultaenous oposition ain a different but unrelated litigation.

A lawyer who is presently representing a client in one litigation matter should not simultaneously oppose that client in a different litigation matter, even if the two matters are unrelated.

Whistle blower protection

A lawyer who reasonably believes that she has been fired because she acted pursuant to Model Rule 1.13(b) or (c) (see a. and b. above), or who withdraws under circumstances that require or permit her to act pursuant to either of those paragraphs, must proceed as she reasonably believes necessary to assure that the organization's highest authority is informed of the firing or withdrawal. [ABA Model Rule 1.13(e)]

Quick advice and relationship

A lawyer-client relationship exists between the lawyer and the person who obtains the quick advice, but neither person expects the relationship to continue past the quick-advice stage. [ABA Model Rule 6.5, comment 1] A lawyer may participate in a quick-advice program sponsored by a court or nonprofit organization, subject to client consent to limit relationship and keeping rules of professional conduct,t relaxing conflict of interest rules unless the lawyer actually knows that giving the quick advice creates a conflict of interest. [ABA Model Rule 6.5(a)(1)] As in other contexts, actual knowledge can be inferred from the circumstances. [ABA Model Rule 1.0(f)] The rule of imputed conflicts of interest [ABA Model Rule 1.10] is also relaxed in a quick- advice situation. Therefore, a lawyer may dispense advice in a quick-advice program unless the lawyer actually knows that he is disqualified from doing so because of a conflict imputed from another lawyer in his firm.

When may lawyer obtain a proprietary interest in the client' cause of action or subject matter of litigation?

A lien, authorized by law, to secure his fee or a reasonable contingency fee (in civil case

Public office an duding names

A private law firm must not use the name of a lawyer who holds public office (either as part of the firm name or in communications on the firm's behalf) during any substan- tial period in which the lawyer is not regularly and actively practicing with the firm. [ABA Model Rule 7.1, comment 8]

Inconsistent legal positions in two unrelated cases

Absent informed consent, confirmed unwriting form both clients, lawyers' can't represent two clients in separate unrelated matters when they have inconsistent legal positions if they have a seubstnaitla risk that representing one client will be materially limited by the layer's responsibilities to other clients.

• Disclosure v use ACP v confidentiality

ACP concerns only disclosure of information, confidentiality prevents disclosure and use of information. By use, the attorney can be punished for using information to the disadvantage clients

• Difference between ACP and Confidentiality

ACP governs communications only and disclosures during process dings. Dock relates to all information reading to representation and disclosures in any setting.

• ACP v. Confide., compulsion vs gossip

ACP is an exclusionary rule preventing the tribunal from using measures to compel communication between A and C. Confidentiality is an ethical duty prohibiting an attorney form voluntarily revealing information related to the representation.

• Difference in communications protected: ACP vs. Confidentiality

ACP proacts confidential communication between A and C, Confidentiality will govern communications and other information that A obtains related to the representation, regardless of source: So all information relating to the representation

○ Justice, Harassment, Discrimination, and Professional Misconduct

Acts that are prejudicial to the administration of justice, constitute harassment or discrimination in connection with the law practice constate professional misconduct. (8.4d)

○ Screening procedures

As discussed in more detail infra, in certain situations involving conflicts based on a lawyer's former representation of a client, former employment, or former consul- taction with a prospective client, the imputation will be cured provided the disqualify- feed lawyer is timely screened from participation in the matter (does not have to access files, etc.) and is apportioned no part of the fee from the matter (apart from their normal salary or partnership share). Written notice of the procedures must promptly be given to the affected client or person. [ABA Model Rule 1.10(a)(2)]

Divesting Problematic Interests

As soon as practicable without serious financial detriment, a judge must divest herself of investments and other financial interests that might require frequent disqualification or otherwise violate Rule 3.11. [CJC Rule 3.11, comment 2]

How to avoid a competence problem

Associate, learn it in time, emergency.

Using the term association or affiliation.

Associated and Affiliated Law Firms Two law firms may hold themselves out to the public as being "associated" or "affiliated" if they have a close, regular, ongoing relationship and if the designa- tion is not misleading. But using such a designation has a significant drawback— ordinarily the two firms would be treated as a single unit for conflict of interest purposes. [ABA Formal Op. 85-351 (1985)]EXAMPLEThe ABC firm practices business law in Denver. For many years it has worked regularly and closely with the XYZ firm, which practices patent law in Washing- ton, D.C. If the ABC firm letterhead lists the XYZ firm as its Washington, D.C., affiliate in patent matters, then any conflict of interest that would disqualify the XYZ firm will ordinarily also disqualify the ABC fir

• ACP, who can waive the privilege?

Attorney, agent, or client can waive it by failing to object or disclosing to their party.

Ex parte proceedings, duty of candor

Because only one she is present nd the other has no opportunity to offer its version, the adversary system does not apply. Thus, he lawyer must inform of all material facts, even those that are poor.

Bank deposits and bias, judges

Bank Deposits, Mutual Insurance Policies, and the Like Suppose that a judge, or member of the judge's family, owns a deposit in the First Federal Bank. That does not disqualify the judge from hearing a case in which First Federal is a party, unless the proceedings could substantially affect the value of the deposit. The same rule applies to a deposit in a mutual savings association or credit union.

• ACP, what corporate clients are covered?

Between high ranking corporate officials, and also covers communication w/ corporate employees if the employee communicates with the lower at the superior's direction, the employee knows the tat purpose of the commination is to obtain legal advice for he corporation and, the communication concerns a subject within the cope of the employee's duties to act for the corporation.

○ Different firms splitting fees?

Both firms must be involved, responsible and either split proportionate to the services performed, or each assume joint responsibility and split any way they like. This must be reasonable, and the client consents to the arrangement in writing.

What is okay to puff?

Certain types of subjective statements, such as those relating to the relative merits of the case, estimates of price and value, and a party's intentions as to an acceptable settlement are not considered statements of material fact in this context. [

Judges participating in settlement talks

Can encourage, but can't be coercive.Consider if parties have asked for certain level of participation by the judge, whether the parties are ralatively sophisticated, whether tried by judge or jury, whether parties participate with their lawyers, whether partisan are not represented, whether civil or criminal.

Comingling funds

Can't commingle client funds with other funds held in connection w/ representation but can put your own in their for sole purpose of paying bank service charges

Fasle statemetns

Can't make a false statement of material fact to a third person in connection with a representation but you can puff on issues of prideor value, or a party's intentions as to settlement these aren't considered.

Gov restrictions for judicial neutral decision maker

Can't negotiate for private employment for any party personally and substantially involved in. unless a clerk, the clerk must let judge know win advance.

Judical Role or Neutral private practice, third party neutral

Cannot represennt client a matter personally or substantially involved in as a neutral. UNLESS ALLLLL PARTIES consent. Can't negotiate for

Necessity over disqualificatoin

Case law has created a rule of necessity that overrides the rules of disqualifica- tion. For example, suppose that Judge Z is the only judge available to rule on an emergency motion for a temporary restraining order. Judge Z may rule on the motion even though he might be disqualified were it not an emergency. Even in such a situation, Judge Z should disclose the ground for disqualification on the record and should use reasonable efforts to transfer the matter to a different judge as soon as possible. [CJC Rule 2.11, comment 3]

○ Substantive vs. Procedural Decisions

Clients make substantive, lawyers make procedural.

Judges and pro bono

Code of judicial conduct allows a judge to encourage lawyers ot particpate in pro bon o by provdiign a lis tof programs.

Reporint reuiqrements judge

Compensation received for extrajudicial activities as permitted by Rule 3.12 (see 13., supra); (ii) Gifts and other things of value permitted by Rule 3.13 (see 9., supra), unless the value, alone or in aggregation with other items received from the same source during the same calendar year, does not exceed a dollar amount determined by other state law; and Reimbursement of expenses and waiver of fees or charges permitted by Rule 3.14 (see 14., supra), unless the amount thereof, alone or in aggregation with other reimburse- ments or waivers received from the same source during the same calendar year, does not exceed a dollar amount determined by other state law. [CJC Rule 3.15(A)] Contents of Public Report The public report must state the date, place, and nature of the activity for whichthe judge received compensation. Any gifts, loans, or other things of value must be described. The report must also state the source of reimbursement of expenses or waiver of fees or charges. [CJC Rule 3.15(B)] Time for Making Report Public reports must be made at least annually. However, reports of reimbursement of expenses and waiver of fees or charges must be made within 30 days after the conclu- sion of the event or program. [CJC Rule 3.15(C)] Location of Filing Public reports must be filed in the office of the clerk of the court on which the judge sits, or in some other office designated by law. If feasible, reports must also be filed on the court's website. [CJC Rule 3.15(D)]

Determining Requisite Skill

Complexity + specialized nature of the matter, lawyer experience, training, preparation the lawyer can give, whether it is feasible to refer the matter to another. A lack of legal knowledge is a failure to seek it

Former person of the org and consent before talking

Consent is not needed before talking to a former constituent of the organization. [Id.] However, when talking with either a present or former constituent, a lawyer must take care not to violate the organization's legal rights, such as the attorney- client privilege.

Client consent for naming clients.

Consent of Named Clients If a lawyer wishes to identify some regular clients in an advertisement, the lawyer must first obtain the clients' consent. [Id.]

part time judges

Continuing part-time judges, periodic part-time judges, and pro tempore part-time judges are exempt from many, but not all, of the CJC provisions that restrict outside activities and political activities. [See CJC Application III, IV, V]

When can you disclose confidential information d

Death + bodily injury, financial injury if services in furtherance, self and spite concerting conduct, legal ethics advice, resolve conflicts of interest due to change, comply with court order DFSAIO

Overcoming a prospective client conflict, in a way that isn't informed consent oncfimed in writing?

Demonstrate that the lawyer took care to avoid exposure to any more confidential information than was necessary to determine whether to represent the prospective client;Demonstrate that the disqualified lawyer is timely screened from any participation in the matter and will not share the fee; and Give written notice to the prospective clien

Including a Disclaimer

Depending on the circumstances, the inclusion of an appropriate disclaimer or other qualifying language may preclude a finding that the advertisement or other communica- tion is misleading to the public. [ABA Model Rule 7.1, comment 3]

Should avoid, when representing a current client

Directly adverse or materially limited by the responsibilities to another client, a former client, a third party, or a lawyer's interest. CAN PROCEED reasonably believes able to provide competent and diligent representation to each affected client.

IS a directory listing an advertisement?

Directory listingsor group advertisements listing lawyers by practice area, without any further information, do not constitute prohibited recommendations. [ABA Model Rule 7.2(b) and comment 2]

Facts, Duty of candor

Discipline for knowingly making a false statement of fact, failing to correct. But the attorney I snot reuiqred to have personal knowledge of the pleadings and other documents. Attorney is responsible by asserting sit makes, such as in an affidavit or assertion fact sin oral argument, myst know or believe. The attorney has no duty to disclose harmful facts, is what the system is for.

Violation of a Lowe rlawyer disciplinary rule, what about the partner?

Each partner is liable for the firm's obligations for civil liability. For discipline, only if ano dewqute training, or ordered/ratified/ failed to mitigate.

Breach of duty of due care

Errors of Judgment An attorney is liable for negligence, but not everything that causes harm is negligence. An attorney is not liable for "mere errors in judgment" if the judgment was well-informed and reasonably made.If the answer is there to be found through standard research techniques and sources, and if the attorney does not find it, he has breached the duty of due care.

Unless prohibited by law, a candidate for elective judicial office may, no earlier than a minimum amount of time (to be determined by other state law) prior to the first appli- cable primary, caucus, or general or retention election, do the following:

Establish a campaign committee pursuant to Rule 4.4 (see 4., infra); (ii) Speak on behalf of her candidacy through any medium; (iii) Publicly endorse or oppose candidates for the same judicial office for which she is running; (iv) Attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office; (v) Seek, accept, or use endorsements from any person or organization other than a partisan political organization; and (vi) Contribute to a political organization or candidate for public office, but not more than a maximum dollar amount to be determined by each jurisdiction to any one organization or candidate.

Puffery

Estimates of value are regarded as puffery

What must every advertisement include?

Every advertisement or other communication about the lawyer's or firm's services must include the name and contact information (website address, telephone number, e-mail address, or physical office location) of at least one lawyer or law firm that is responsible for its content. [ABA Model Rule 7.2(d)]

No Duty to volunteer facts that may help the other side except

Ex parte proceedings, must inform court of all material facts enabling it to make an informed ecision

public statements about pending matters

Except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, a prosecutor must not make extrajudicial statements that have a "substantial likelihood of heightening public condemnation of the accused." A prosecutor must take reasonable care to prevent investiga- tors, police, employees, and other subordinates from making such statement

ex parte communications are allowed when

Expressly Authorized by Law A judge may have ex parte communications when expressly authorized by law [CJC Rule 2.9(A)(5)], which is defined to include court rules and decisional law, as well as constitutional and statutory law. [CJC, Terminology] Some communications authorized by law occur in conjunction with a judge's service on certain "specialized" courts, such as drug courts or mental health courts. Judges serving on such courts may have to assume a more interactive role with parties, treatment providers, probation officers, and social workers. [CJC Rule 2.9, comment 4] Mediation or Settlement With the consent of the parties, the judge may confer separately with the parties and their lawyers in an effort to settle or mediate a pending matter. [CJC Rule 2.9(A)(4)] Emergencies or Administrative Matters In other situations, the judge may have an ex parte communication only if all four of the following conditions are met: (i) The circumstances require the judge to communicate with one side only (if the other side cannot be reached); (ii) The communication concerns an emergency or a scheduling or administrative matter as distinct from a substantive matter or matter affecting the merits; (iii) The judge believes that no party will gain a procedural, substantive, or tactical advantage from the communication; and (iv) The judge notifies the lawyers for the other parties of the essence of the communi- cation and gives them an opportunity to respond.

Ecobonic interest in matter or parties, or if someone in the household. Defining economic interest of judges?

For the purpose of this rule, the term "economic interest" means that a person owns more than a de minimis legal or equitable interest. A "de minimis interest" is an insignificant interest that raises no reasonable question regarding the judge's impartiality. [CJC, Terminology]

Advances against fees and expenses go to?

Funds that are advanced by the client must be placed into the client trust account, to be withdrawn as the fees are earned and the expenses are incurred. The client cannot consent to placing the funds in the office account.

When can attorneys meet with employees of an organization that they are against

GEnerally, a lawyer is porhibited from contact wiht an employee of a represeneted corp of 1. the employee is the one who supervised, directed or consulted with the lawyer concerning the matter or 2. had authority to obligate the corporation with respect to the matter or 3. whose act or omission in connection with the matter could have been imputed to the corporation for liability

Consent vs. sCreening

If a lawyer who is disqualified from representing a client joins a new firm, the new firm may be disqualified as well unless the lawyer is properly screened. Proper screening means the disqualified lawyer doesn't work on the case, discuss it with those who do, or have access to case files. It also requires that the disqualified lawyer doesn't share fees from the matter, and the former client is given notice (along with periodic certifications of compliance with the screening procedures). Alternatively, the former client can give informed consent, confirmed in writing, but here Fisher has refused to give consent.

CLO or CEO mandatory reporting

If a securities lawyer becomes aware of credible evidence that her client is materially violating a federal or state securities law, she must report the evidence to her client's chief legal officer ("CLO") or chief executive officer. The same reporting duty applies to credible evidence that one of her client's personnel has breached a fiduciary duty under federal or state law or has committed a "similar material violation" of federal or state law., must send to a CLO who will then investigate the situation

Judges and family disqualification

If someon within the third degree of relationship to judge has substntial financial interest that could be affected by outcome.

What does a CLO have to do if concluding a violation did occur or is about to.

If the CLO concludes that no violation occurred, he must report that conclusion back to the securities lawyer. If the CLO concludes that a violation did occur, is occurring, or is about to occur, the CLO must take all reasonable steps to get the client to make an "appropriate response." Roughly stated, that means that the client must stop or remedy the violation and make sure that it does not happen again. The CLO must report those results to the securities lawyer. if lawyer believes CLO didn't achieve appropriate response, lawyer must report evidence to: (i) the client's whole board of directors, (ii) the audit committee of the board, or (iii) a committee made up of outside directors (directors who are not beholden to the client). Notice that the Sarbanes-Oxley reporting rule is mandatory, unlike ABA Model Rule 1.13(b), which gives the lawyer some discretion about how to proceed (see 3., supra).

○ When will a lawyer not be subject to discipline?

If the conduct is proper in the jurisdiction in which she reasonably believed the effect of her conduct will predominately occur.

Duty to report to the highest aturhoity or outside th eorganiztin

If the lawyer for an organization learns that a person associated with the organization has acted, or is about to act, in a way that violates a duty to the organization or a law in a way that might be imputed to the organization, and if the violation is likely to cause substantial injury to the organization, the lawyer must proceed as is reasonably necessary to protect the interests of the organization ABA Model Rule 1.13(b) does, however, give the lawyer a narrow range of discretion—she need not report the violation if she reasonably believes that the organi- zation's best interests do not require the violation to be reported, when reporting to highest authority. Bt if highest authority is not taking appropriate action, the relent info can be to outside the organization even if it would otherwise be protected by confidentiality. this is only for preventing substantial injury to huge organization. This does not apply to lawyer investigating an alleged violation of the law or defend organization against a violation.

Ex parte comunication: Time extension

If the local rules of court allow lawyers to appear ex parte, without notice to the adversary, to obtain extensions of time to plead or respond to discovery, a lawyer may do so—but the lawyer must not discuss the merits of the case when requesting the extension of time.

Conflict between Curren tclients, transacional

If there is a conflict between current clients, a lawyer may undertake the representation if she reasonably believes that she can competently and diligently represent each affected client despite the conflict, and each client gives informed consent, confirmed in writing. The clients' signatures are not required.

Disputed funds

If there is a dispute over funds (between the lawyer and the client, or between the client and some third person), the lawyer must keep the disputed portion in the client trust account until the dispute is resolved.

Lawyer leaves the firm, what happens to the clients

If your firm is now working on the other side of a former lawyers client who has since left, If one lawyer left at the firm has confidential information about the case there is a conflict unless the former client consents

When is something substantially related?

Involve the same transaction or legal dispute or otherwise is a substantial risk that confidential factual information as would normally have been obtained in the prior repsrentation would materially advance the new client's position.

What happens when a lawyer leaves a firm, the client follows them, and the firm wishes to represent a current client in a matter that is the same or related to the interests of the former client?

Is disallowed when the matter is related, or the same to that of the formerly associated lawyer representing the client and a lawyer remaining in the firm possesses confidential info protected that is material to the matter.

Calling in a specialist

It is a breach of the duty of due care for a general practitioner to attempt to handle such a problem if a reasonably prudent lawyer would have sent the client to a specialist.

Minimizing Time Spent on Business Activities

It is improper for a judge to devote so much time to her business activities that it inter- feres with her judicial duties. [CJC Rule 3.11, comment 1]

When is a judge obligated to take action?

It is not necessary for the judge to know for sure. The judge's obligation to take appropriate action arises when the judge has a reasonable belief that the lawyer's performance is impaired by alcohol.

What kind of conduct can a judge not engage in

Judges are encouraged to engage in appropriate extrajudicial activities. Nevertheless, when engaging in such activities, a judge must not: (i) Participate in activities that will interfere with the proper performance of the judge's duties; lead to frequent disqualification; or reasonably appear to undermine the judge's independence, integrity, or impartiality; (ii) Engage in conduct that would reasonably appear to be coercive; or (iii) Use court premises, staff, stationery, equipment, or other resources, except incidentally, for activities that concern the law, the legal system, or the administration of justice, unless such additional use is legally permitted.

PResrving records

Lawyer must preserve records for 5 years after representation ends.

Plan may personally contact members

Lawyers are permitted to participate in a group or prepaid legal service plan, even though the plan uses live person-to-person contacts to enroll memberships or sell subscriptions, provided that: (i) the personal contact is not undertaken by the lawyer themselves; and (ii) the plan only contacts persons who are not known to need specific legal services in a particular matter covered by the plan (as this does not fall within the definition of solicita- tion). [ABA Model Rule 7.3(e) and commen

○ What is actual authority?

Lawyers belief: communicated by client to lawyer expressly or impliedly. The lawyer reasonably believes he is authorized to act based on her doling with the client. can be actions required by law or court order

- Does the presence of a third party disrupt confidentiality?

No, confidential remains confidential remains confidential even if known by others, unless h information becomes generally known

Does an attorney always have to seek a guardian ad litem

Normally, a client has authority to accept or reject a plea agreement. [Model Rule 1.2.] However, the issue here is that the client is developmentally disabled, so the lawyer must look to Rule 1.14 when dealing with a client who appears to have diminished capacity. Rule 1.14 allows the lawyer to take "reasonably necessary protective action" when he feels that the client is risking major physical, financial, or other harm due to diminished capacity. While this can include seeking the appointment of a guardian ad litem, the lawyer need not do so in all cases

Does third party knowledge affect confidentiality

No, though third parties who are not needed to facilitate conversation or there for support in ACP situation may break privilege

○ Can settlement agreement for clients restrict the right to practice?

No.

Free legal services.

Offers to provide free legal services are generally permissible. Furthermore, certain political or ideological solicitation (e.g., solicitation on behalf of a civil rights organi- zation or nonprofit organization) is constitutionally protected. [See ABA Model Rule 7.3(b) and comment 5]

Completion of a matter

Once a lawyer agrees to handle a matter for a client, the lawyer must see the matter through to completion (unless, of course, the lawyer is fired or is required or permitted to withdraw). If there is doubt about whether the lawyer-client relationship has come to an end, the lawyer should clarify it, preferably in writing.

Service Charges

Only depsoti the amount needed to pay bank service charges.

Warnignabout statute of limitations

Ordinarily, that duty would include cautioning the prospective client about an impending statute of limitations deadline. [Id.] Here, however, a cautionary word to the prospective client would constitute disloyalty to the existing client, the doctor. [See, e.g., Flatt v. Superior Court, 9 Cal. 4th 275 (1994)-warning prospective client about statute of limitations was not required when it would be disloyal to present client

Participation in Caucus-Type Elections Is Permitted

Participation in a caucus-type election procedure does not constitute public support for or endorsement of a political organization or candidate. [CJC Rule 4.1, comment 6]

Trials and fairness. You cannot

Refer to material that is not reasonably believed to eye relevant or supported by admissible evidence, assert personal knowledge, opinion on justness, credibility, culpability, or guiltyt or innocence.

Referral between attorneys?

Rule 7.2 prohibits a lawyer from paying anyone, including another lawyer for recommending him or referring him. You cannot fee split with a referring lawyer who doesn't assume responsibility or work on the matter. You can still refer clients to each other

Organizational securities and judges.

Securities Held by Organization Suppose that a judge is an officer, director, advisor, or other active partici- pant in an educational, religious, charitable, fraternal, or civic organiza- tion. Suppose, further, that the organization owns securities of the XYZ Corporation, which is a party to a case that the judge is assigned to hear. The judge's involvement with the organization does not give the judge an economic interest in the XYZ Corporation. The same is true if a judge's spouse, domestic partner, parent, or child is an officer, director, advisor, or other active participant in such an organization.

Legal Causation

That is, the injury would not have happened but for the defendant's negligence, and further- more, that it is fair to hold the defendant liable for unexpected injuries or for expected injuries that happen in unexpected ways. [S

Informing nonrepresetned parties that you are not representing them!

The Model Rules specify that a lawyer is acting as a third-party neutral when he helps two or more non-clients to resolve a dispute [MR 2.4]. They also specify that a lawyer must inform unrepresented parties to such a process that he is not representing them. Here, the lawyer is not truly neutral because the woman has used his services in the past and the other parties do not know that. He also has failed his obligation to explain his role, including the fact that he is not representing any of the parties. Parties are free to structure negotiations or mediations in any way they wish, but lawyers are required to explain their roles as facilitators or mediators.

• How do the rules regarding the disclosure of information for bar admittance stand against rules protecting confidentiality?

The attorney-client relationship is supreme and supersede duty, e even if the relationship is terminated. As long as being come to as a lawyer for advice .

What dry facts can you say with a case?

The claim, charge, or defense involved (provided there is an accompanying statement that the charge is only an accusation and that the party is deemed innocent until proven guilty); The names of persons involved (unless the law prohibits it); Any information that is already in the public record; The scheduling or result of any step in litigation; The fact that an investigation is ongoing, a request for help in getting information, and a warning of danger (if appropriate); and Routine booking information about a criminal defendant, such as his name, address, occupation, family status, the time and place of arrest, the names of arresting officers, and the names of investigating officers or agencies.

Gifts and estates

The conflicts rule for gifts from clients doesn't prohibit a lawyer from seeking to have herself or her colleague named as executor of an estate or counsel to the executor or to some other fee-paying position. There may be a general conflict, though, if the lawyer's interest in obtaining the appointment will materially limit the lawyer's judgment in advising the client concerning the choice of an executor or other fiduciary. In that situation, Michelle would need to get Pierre's informed consent, confirmed in writing, and explain her financial interest as well as the availability of alternative candidates for the position.

public hearing -- judge

The judge may testify at a public hearing in connection with matters concerning the law.

Disclosure by the judge for impartiality purposes

The judge should disclose on the record any information the judge believes that the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no reasonable basis for disqualificatio

Procedure for remittal of groudsn of disqualification

The parties and their lawyers can remit (waive) all of the foregoing grounds of disquali- fication, except personal bias concerning a party or a party's lawyer. [CJC Rule 2.11(C)] The procedure for remittal is as follows: 1) The judge discloses on the record the ground for disqualification. The judge may then ask whether the parties and their lawyers wish to discuss waiver. 2) The lawyers consult privately with their respective clients. 3) All of the parties and their lawyers meet, outside the presence of the judge, and agree that the judge should not be disqualified. The agreement must be incorpo- rated into the record. 4) If the judge is willing to do so, she may then proceed with the case.

Permissive revealing to the SEC

The securities lawyer may reveal to the SEC, without the client's consent, any confi- dential information that is reasonably necessary to: (i) stop the client from committing a violation that will cause substantial financial injury to the client or its investors; (ii) rectify such a financial injury if the lawyer's services were used to further the violation; or (iii) prevent the client from committing or suborning perjury in an SEC matter or lying in any matter within the jurisdiction of any branch of the federal government.

Even if the client lies and the attorney knows, F allegiance to the court.

There is obligation to not mislead court, lawyer are not required to report past criminal acts unless his services are used to commit them. There is a strong policy in favor of confidentiality, so that the client feels comfortable communicating honestly with the lawyer even about embarrassing or legally damaging subjects. Here, the defendant has revealed to the lawyer that she has committed two crimes--murder and perjury. She clearly has not given the lawyer consent to reveal that information to anyone. Therefore, the lawyer may not tell the prosecutor that the defendant perjured herself. Note, however, that the lawyer must not assist the defendant in lying under oath again.

○ What is apparent authority?

Third party's belief: third party believes the lawyer has the authority based on client's actions. Even if the lawyer acted without actual authority, client is still bound if lawyer had apparent authority. Client can sue lawyer to damages and lawyer is still subedit to discipline

What does it mean to be substantially related?

To be the same transaction or risk confidential information materially advance the new client's position.

pledges or promises

To determine whether a candidate has made a pledge or promise, one must examine the totality of a statement. If a reasonable person would think that the candidate has specifi- cally undertaken to reach a particular result, then a pledge, promise, or commitment has been made. Note, however, that a statement of personal views on legal, political, orother issues is not prohibited. [CJC Rule 4.1, comment 13] The United States Supreme Court has held that such "announce clauses"—i.e., prohibitions on judicial candi- dates announcing their views on disputed legal or political issues—violate the First Amendment. [Republican Party of Minnesota v. White, 536 U.S. 765 (2002)]

Imply connection with organization

Trade names (e.g., "The Bulldog Law Firm")—even ones that do not include the names of one or more partners—are permitted, provided the name is not misleading and does not imply a connection with a governmental agency or with a public or charitable legal services organization. If a firm name uses a trade name that includes a geographical name (e.g., Greater Chicago Legal Clinic), a disclaimer explaining that it is not a public legal aid organization may be required to avoid a misleading implication.

Can opposing cousnel talk to expert witness

Under some rules of discovery, a party may discover information about the opinions of an opposing party's expert only in designated ways. If those rules forbid the lawyer from "following up" directly with the expert about this matter, the lawyer has violated the general rule against violating the rules of the tribunal

Unfounded conclusions

Unfounded Conclusions A truthful communication can be misleading if there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer's services for which there is no reasonable factual foundation. [Id.]

Unjustified expectations

Unjustified Expectations A true communication about a lawyer's accomplishments in past cases is misleading if it could make a reasonable person think that the lawyer could do as well in a similar case, without regard to the facts and law in that case. [ABA Model Rule 7.1, comment 3]

Unsubstantiated comparisons

Unsubstantiated Comparisons An unsubstantiated comparison of a lawyer's services or fees with those of other lawyers is misleading if it could make a reasonable person think that it can be substantiated. [Id.]

Informed consent agreement/confirmed in writing? unless

Waivable conflicts of interest unless screening + written notice takes care of it.

○ When are you likely to appear as should have been knowing that the person reasonably relied upon your representation ?

When the court date/appearance is soon and you don't tell the person that you are not available.

Rectifying Fraud

Where the client intends to perjure himself, the lawyer should not assist him in doing so. If a client does plan to commit perjury, the lawyer must try to talk the client out of giving the perjured testimony. Next, the lawyer must attempt to withdraw from the case if that will solve the problem. Finally, if the client persists in testifying falsely, the lawyer must attempt to convince the client to rectify the fraud. If the client refuses to rectify the fraud and disclosure of the fraud to the tribunal is the only way to rectify the client's false statement, then the lawyer must disclose the fraud to the court.

can a judge make promises?

With respect to cases or issues that are likely to come before the court, a judge must not make pledges, promises, or commitments that are inconsistent with the impartial perfor- mance of the adjudicative duties of the office. [CJC Rule 2.

A lawyer who is hired to evaluate a client's affairs for a third person may be

able to the third person for negligence in rendering the evaluation.

○ When is a subordinate attorney excused from their actions

acting on the orders of another lawyer does not excuse misconduct unless it was a reasonable resolution of an arguable question of professional duty.

○ Acts constituting acts of professional misconduct?

acts of dishonesty, fraud, deceit, or misrepresentation.

Private work using gov info gains ta person

actuablyrecived confidential government info while working for government, info could materiallyy disadvantage the person

Which actions require informed consent confirmed by a signed writing business transactions with the client,

aggregate settlement agreement sand business transactions with the client.

Ongoing duty of confidentiality for former clients

You cannot use confidential infomration to former client's disadvantage without consent, unless the info is now generally known.

r:Model Rule 3.8 addresses the special duties of prosecutors. A prosecutor in a criminal case shall refrain from prosecuting a charge that the prosecutor knows is not supported by

[robable cause

Who is subject to the code of judicial conduct?

all persons performing judicial functions, including magistrates, commissioners, referees ,and special masters.

lawyers acting as a client's behalf in a proceeding

allowed, but must disclose representative, doesn't need to disclose client.

Compenste through non monetary property or giving the lawyer an interest in a business?

although generally permitted, arrangements are subject to rule governing business transactions with clients (must be fair to client, etf.)

A judge must publicly reprot

alue of: compensation received for permitted extrajudicial activities (see 13., supra); gifts and other things of value (see 9., supra) that exceed a designated dollar amount; and reimbursement of expenses and waiver of charges (see 14., supra) that exceed a designated dollar amount.

Payin witnesses, travel meals and lodgeing

an attorney may pay expenses reasonably incurred by the witnesses in attending and testifying (travel, hotel, meals, incidental)

- Ho to handle multiped representation conflicts?

analyze the facts of the case and applicable law. If she concludes she can effectively. 2. the lawyer discloses the potential conflict to each client and explain how it can harm each client, alternatives, and disadvantage for one lawyer between two of them. Lawyer then invites and confirms writing informed consent. If the conflict ripens into a conflict the lawyer predates these steps and withdraw if a reasonable lawyer would have to advise either of the two client snot to consent. The lawyer may continue to represent one consenting client, but only if the client who is dropped gives informed consent to the continuation, confirmed in writing.

Small sums should go into?

a pooled client trust account. Holds funds entrusted to the lawyer by a variety fo clients. This is typically a checking accountt earning interest

○ How to recover in contingent fee cases?

a s a percentage of eventual recovery

Ex parte communication + written communication

a written communication to a judicial office his not ex parte if a copy of the communication is timely sent to opposing parties. Otherwise the person cannot communicate orally without adequate notice to the adversary.

○ Lawyer's have a duty to accept what kinds of cases?

a fair share of unpopular matters or clients.

○ An attorney is what to a client?

a fiduciary .

○ Interference with Professional Judgment

a lawyer cannot allow a person who recommends, employs, or pays for serving a client to direct or emulate the lawyer's professional judgment 5.4c

Lawyers for entities

a lawyer for an entity may disclose confidential client information to protect the client if the Board of Directors refuses to do so and other conditions are met. However, that authority does not extend to information relating to the representation by an attorney who is investigating an alleged violation of law by the entity. Because that is what this lawyer was doing, the lawyer is bound to keep the information confidential.

Emergency and skill level

a lawyer may assist a client, even if the lawyer does not have the skill ordinarily required in the field in question, if referral to or consultation with another lawyer would be impractical. However, the assistance should not exceed what is reason- ably necessary to meet the emergency. [`

Paying Witnesses

a lawyer may not offer an inducement to a witness prohibited by law. Some exception sprohibied by local law include

○ Stating or implying ability to improperly influence officials

a lawyer must never imply that they can influence a government agency or official to achieve results by means violating the law or ethics rules.

- Literary or media rights

a lawyer must not acquire literary or media rights to a story base din part on info relating to the lawyer's recreation of a client. But, the rights can be after the matter is entirely completed ,appeals and all.

○ Judges and attorneys, professional misconduct

a lawyer who knowingly assist a judge or judicial officer in conduct that violates the Code of Judicial Conduct or other law violates 8.4f and is subject to discipline .

Forme rFirm

a lawyer's former firm cannot represent a person with interests materially adverse to those of a client of the formerly associated lawyer if (i) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and (ii) a lawyer remaining in the firm has material confidential information about the matter.

• Client

a person or entity seeking legal services.

A lawyer must not communicate about a matter with?

a person the lawyer knows is represented by counsel, unless that person's counsel consents or unless the law or court order authorizes this communication, even if the represented person imitates cconversations

Laywers practicing in teh form of a professional conrproation

cannot if a nonlawyer owns an interst in corporatin, is a riector or officer of te corproation, or if teh nonlawyer has a right to direct or contorl professional jdugemetn

Lawyers are required to hold the property of others with the

care required of a professional fiduciary

○ Hat are the required communications with the client?

case status updates, general plan, reasonable requests for information responses, anything requiring informed consent.

○ What sanctions are the most common

censure or reprimanded, suspension, disbarment (permanent unless reapplying) probation, restitution, limitations on practice.

• Four standards of resolving confect of interest and disclosure e

changing firms, two firms merge, practice being purchased lawyers disclose limited client information to resolve conflicts, subject to four conditions: disclosure made only after substantive discussions regarding threw relationship have Eco cured, 2. disclosure limited to minimum necessary to detect conflicts 3. disclose info must not compromise attorney civet privilege, or there wise prejudice clients. 4. the disclosed information may be only sued to the extent needed to detect and resolve any conflict sofa interest.

choice of law

choose law of that which is preceding happening. if no preceding, the state where conduct occurred, unless primary effect I felt elsewhere, then in hat state.

LAwyers related to another layer cannot represent acros the table unless

cilients give infomred consent.

How does malpractice differ from disciplinary?

civil vs. disciplinary, injured plaintiff not state bar, compensate injury not punish

○ Material imitation

client can be materially limited b the lawyer's personal interests or interests to different client, former client, or third person.

When disqualified involving a former client,

b/c disqualified because of conflict involving former client, get informed consent confirmed in writing from each affected OR lawyer disuwqlification arose out of disqualified lawyers association with former firm + screeened + no fee+written notice

All money a lawyer receives in connection with a representation must

be placed in a client trust fund account, separate form lawyer's own personal an dbuinsess accounts

Certain less vulernable targets

below, a lawyer or firm is generally not prohibited from initiating live person-to-person contact with (i) other lawyers; (ii) persons with whom the lawyer or firm has a familial, close personal, or prior professional or business relationship (including current and former clients); or (iii) routine business users of the type of legal services offered by the lawyer or firm (e.g., entrepreneurs, small business owners, executives who hire outside counsel to represent an entity, and any other persons who regularly engage lawyers for business purposes).

If representing two clients at once, and it fails, the lawyer will likely be obliged to withdraw from the representation of

both of them.

Informed consent + writing signed by cleint

business transactionpecuniary interest adverse to client, aggregate settlement, contingent fee.

- Consent to future conflicts

but only if it is reasonable to do so, and only if the client truly understands the paretic- ulnar kinds of conflicts that may arise and the consequences of consenting.

Part time, retired, and pro temper are exempted from some btut not all

but otherwise, applies to all doing judicial functions.

Duties owed to prosepctive client

f no lawyer-client relationship ensues from a consultation with a prospective client, the lawyer must: (i) protect the person's confidential information, including declining representa- tion of others in the same or a related matter; (ii) protect the prospective client's property; and (iii) use reasonable care in giving the person any legal advice, e.g., whether the claim has merit.

- When must attorneys withdraw

client demand the lawyer engage in conduct illegal/violate Rock, Can also withdraw for anything if it does' materially adversely effect on client. Withdraw is also justified if the client want sot take on a criminal/fraudulent action, can also permit withdrawal if lawyer services were misused, , or can withdraw if the lawyer considers the actions repugnant, and also can withdraw if the client doesn't abide by the agreement treating to the presentation, such as a fee agreement.

○ When must you promptly inform?

client of settlement and plea bargain offers unless client expressly authorized acceptance of rejection of certain offers.

• ACP, going away when client puts legal services at issue

client waives privilege when legal services at issue in the case. When D appeals a conviction on ineffective assistance of counsel.

material harmful to client

client's informed consent required before disclosure.

○ What is direct adversity?

clients on oppose sties of the same matter, representing client's opponent in another ratter, cross-examining current client in another matter.

Settling real or potential malpractice

can't do with unrepresented client or former client w/o advising client in writing to seek independent counsel + give opportunity to do so.

Financial assistance to client

can't in connection w/ ending or contemplated litigation but you can advance court costs + expenses and can agree to forgive repayment if client loses or can forgive outright the indigent fees

purchased of seller' salients must

can't increase fee because of sale and honor existing fee arrangements

Malpractice limitations

can't limit malpractice claim unless represented independently. or settle, at least advised in writing t seek and given reasonable opportunity to seek advice of independent legal counsel

- Direct adversity

can't rape one if adverse to one.

Once becoming a former client, can you represent a opposer of a former client?

mostly yes.

Former Firm: when a lawyer leaves

can't represent a client if the (1) if former firm had represented client and (2) previous representation was in the same + matter (3) interests of former firm client are materially adverse to the lawyer's current client (4) lawyer acquired info related to representation of the former firm's client (5)this info is material in the current matter. UNLESS INFORMED CONSENT CONFIRMED IN WRITING FROM FORMER FIRM'S CLIENT

Disparing judges.

can't say anything with false, reckless disregard of true or false.

Disobeying a court rule or order,

can't unless you are making a good faith challenge to validity.

crime or fraud

can avoid assitstin crime or fraud by avoid assisting, if only by disclosing information, then lawyer is reqrueid o do so unless sonfidientailly protects this.

Even if made in the course of a professional consultation, what to do with unrelated statements

can be brought up later when not protected by the attorney client privielge.

reciprocal referral agreements

can be for lawyers and no layer professionals. They cannot be exclusive, and client must be informed of the agreemnt

Fraud, deceit, dishonesty, misresp

can be problem even if unrelated to law practice

Confdeentialtiy and future crime or frauds

can disclose communications revealing intent to commit future crime or fraud reasonably certain to result in substantial financial harm if lawyer's services used (or to prevent or mitigate financial harm if client has already acted

judges making accomidations

can do so for pro se litigation if needed for matters to be herd.

- Literary media rights

can gee tights in book, even while the case is going goon , fi this is not the crux of literary work.

You must not charge a contingent fee in criminal or domestic relations except

can in domestic relations if collecting post judgment balnace

Judge independently investigating

can only consider evidence presented, extending to info available in easy research

Specialization

can state that practice an area, can say specialize, but can't say certify unless clearly identified the ferrying organization and that org is approved by the state bar or aba.

Extrajudicial statemetns

can't be made to the extent the lawyer know,s or should know that will be public and have substantial likelihood of prejduciign an adjectivee proceeding gin the matter or prosecutors can't make statement shegihtening public condemnation of the accused,

Former clients

can't be same matter + materially adverse

Duty of diligence

must act with the reasonable diligence and promptness. Should zealously advocate

• Three things required for admission to the legal profession

must be rationally related to the practice of law such as graduation from accredited law school, uphold constitution oath, good moral character.

Lawyers preparing instruments are?

er:A lawyer may accept a gift from a client, but may only prepare the instrument if he is a close relative. According to the Model Rules, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship. "Distant cousin" would not qualify. Thus, the lawyer must not prepare the instrument.

○ Buyer's duty in purchasing law practice

must honor existing fee arrangements, but still has the option to change in future matters.

When can prosecutors subpoena to testify about client crimes?

ever, they may not do so unless the information is unprivileged, the information is essential to an ongoing investigation or prosecution, and there is no other feasible alternative to get the information. B

Rules prohibit in person solicitation fo employment from client when attorney's significant motivation is pecuniary gain. l

exceptions include by explain the need for services and offering services without charge or suggesting the person to seek help.

Judicial committees can't participate in

e must not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary. Among others, a judge or a judicial candidate must not lead or hold office in a political organization.

○ Nonlawyer and ethical obligations

must make sure that nonlawyers are compatible with obligations with the profession. (5.3)

Exception to economic interest for judge impartiality

mutual fundsnds unless the judge manages the fund or it could substnailly effect the value of the interest.

- When can the lawyer pay curt costs and litigation expenses without provisions for repayment

when for an indigent client.

Communicating with corporations. When is consent not needed?

when form a former employee.

Invovlement in the proceeding, judge

e. Involvement in the Proceeding A judge must disqualify herself if the judge knows that she, her spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person, is: (i) A party, or an officer, director, general partner, managing partner, or trustee of a party; (ii) A lawyer in the proceeding; (iii) A person with more than a de minimis interest that could be substantially affected by the proceeding; or (iv) Likely to be a material witness in the proceeding. [CJC Rule 2.11(A)(2)] 1) Meaning of Third Degree of Relationship Persons within the third degree of relationship are: great-grandparents, grandpar- ents, parents, uncles, aunts, brothers, sisters, children, grandchildren, great-grand- children, nieces, and nephews—in short, anyone related more closely than cousin. [CJC, Terminology]

Special conduct rules for federal courts

each federal court that a lawyer is admitted to practice must make an independent evaluation of the lawyer's conduct. The fact that a lawyer has been disciplined by a state is evidence in a proceeding and can convince federal sanctions.

○ When can you be disciplined related to the unauthorized practice of law?

engaging in or assisting someone in the UPoL. MR5.5(a), including engage a disbarred or suspended lawyer in the practice of law.

a government lawyer who receives confidential information about ta person

ent information about a person must not later represent a private client whose interests are adverse to that person if the information could be used to the material disadvantage of the person. This covers information ACTUALLY RECEIVED by the government lawyer, not that could be imputed. Information that the gov is prohibited oto revealing.

if a lawyer worked personally and substantially on a matter in private practice or other nongovernmental employment, the lawyer must

when he later enters government service, unless the government agency gives informed consent, confirmed in writing. Therefore, Owen needs the agency's consent as well.

○ Fee splitting with nonlawyer is allowed when

death benefits to lawyer's estate, funds to purchase practice from the deceased, disabled, or disappeared lawyer, bonus plans and regular salaries, or court awarded legal fees with a non-profit organization that employed, retained, or recommended the lawyer's employment in that matter. Temp agency fee and salaries generated by vees are not considered fee splitting.

Solo Practioner death or disabilit

death or disability of a solo practitioner can create havoc for her clients. To prevent that, every solo practitioner should designate another competent lawyer who, upon the death or disability of the solo practitioner, would review the clients' files, notify the clients of the circumstances, and determine whether protective action is needed.

- Liability insurance policy concerns

defense lawyers for insurance changes per state how they represent, the business or the policy holder.

Attorney client privielge and consultations

define someone who discusses the possibility of forming a lawyer-client relationship with a lawyer as a prospective client. [MR 1.18.] MR 1.18(b) states that even when no client-lawyer relationship ensues, a lawyer who has met with a prospective client shall not use or reveal information learned in the consultation.

Representing current client make sure not

directly adverse or signgifant risk of material limtiaton

- Financial injury exception

disclose info to prevent client from committing frame or fraud, reasonably certain to result i=to substantial injury of cinnamal interest or pretty of another if the client has bused or is suing your services in furtherance of the crime or fraud (allow sot disclose past crim eon fraud if you are able to prevent mitigate ore rectify the financial injury. The financial injury exception only applied where the client is using your series to do it.

• Informed consent and implied authority

disclosing with client consent, authority to disclose I implied if disclosure ea. sin client' interest.

○ What happens when the lawyer fails to handle the conflict properly?

disqualification as consul in the matter, professional discipline, legal liability for malpractice.

○ How to consider a firm?

do lawyers have ea. formal agreement, hold themselves out in a way that makes the republic thick prating together, share revenue and responsible, tiling among salve about matters handling,

○ If a conflict of interest is apparent before taking on a matter?

do not take it on.

• ACP, what Is communication?

does not core communications not made for legal assistance or preexisting documents or records.

○ What is the general rule with fee splitting with other lawyers?

don't.

- WPD

done in the anticipation of litigation . Such as a written statement form a fact witness.

Adversely affecting a client through legal service board decisions

dont' be a part of these decisions but can be sth th eboard

○ Basic rights of attorneys in disciplinary proceedings

due process and limited to what was complained of. Rules of evidence still apply, but 5th amendment can be invoked and no disciplinary action can be taken against an attorney if based solely on pleading the fifth.

Judges can' testify asa character witness unless

duly summouned

A lawyer is not permitted to report if learned through privileged communication.

ivileged communication with the other lawyer or one of his clients, the lawyer is not permitted to report the misconduct. In fact, the lawyer would be subject to discipline for violating the confidentiality rules if he did report it. When a lawyer knows that another lawyer has violated the Rules of Professional Conduct in such a way that it raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer, he must report the violation to the appropriate professional authority. This is true, even if the conduct involves the other lawyer's personal affairs. A lawyer may also choose to report suspected misconduct, even without actual knowledge, but he is not required to do so. A lawyer need not report other violations that do not raise a substantial question as to the other lawyer's honesty, trustworthiness, or fitness as a lawyer, but is permitted to do so.

Judges an dimpairmetn

judge + reasonable belief the performance of a lawyer or another judge is impaired by drugs, alcohol, or a condition, must take apprrirpate action. If serious enough, may have to report them.

Appearnces of imropriety

judge must avoid.

When does a judge disqualify himself

judge must disqualify himself in a proceeding in which the judge's impartiality might reason- ably be questioned. (Disqualification of federal judges is governed by 28 U.S.C. section 455.) Note that the rule employs a reasonableness standard; a far-fetched argument or litigant's whim is not sufficient to disqualify a judge

Safeguarding in possession

keep securiteis in a sfae desposit box, i fyou don't do this, you are subject to dsicpline.

Disputed property. When a lawyer posses property that more than one claims interest, disputed portion must be

kept separate by the lawyer until dispute is resoled.

Permissive Withdrawal

l: Unless ordered to continue representation by a tribunal, a lawyer may withdraw if: (1) it can be done without material adverse effect; (2) client persists in a criminal or fraudulent course of action involving the lawyer's services; (3) client used the lawyer's services to perpetrate a crime or fraud; (4) client conduct that the lawyer considers repugnant or has a fundamental disagreement; (5) client fails to substantially fulfill an obligation to the lawyer (i.e., fees) and is given reasonable warning of withdraw unless fulfilled; (6) representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (6) other good cause.

Confdientialtiy covers, when it is a corporation

lawyer and corporate employee if employee commuincates at ridection of supervisor, employee knows the purose is to obtain legal davice for corproation, and commuincation concerns a subject wihtin scope of employees' duties to act

When in the course of rep, a lawyer possess property claim interest the property shallowing be kept separate until dispute is resoled. Remmittance?

lawyer is not required to remit the funds the lawyer believes reasonably represent what is owed.

- Aggregate settlement agreements

lawyer must not participate in the making of an aggregate settlement agreement unless the following conditions are met : 1. lawyer assured clients agree about how the sum will be shared 2. must disclose to each clint all the terms of the settlement, including entails of how each client will be paid and how each charge will be resolved, who pays whom for fees. 3. each client gives informed consent in a writing signed by the client.

Lawyers must not knowingly represent a client when another lawyer in their firm is disqualified from representing the same client because of a conflict involving a former client.

lawyer must obtain from each affected client informed consent, confirmed in writing. Or, the disqualification must arise out of the disqualified lawyer's association with a prior firm, the disqualified lawyer must be timely screened from any participation in the matter, the disqualified lawyer must not be apportioned any part of the fee, and written notice must be promptly given to any affected former client.

○ If conflict is apparent only fer the lawyer has taken on the matter an informed onset of the affect client can't sol ethe problem

lawyer must withdraw.

Negotiating for Employment

lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge. This only applies to mattes where the mediator served. When the issue the lawyer mediates is already resolved, you can freely work.

Missapprehnsion

lawyer who believes a opponent is underestimating the strength of the client has no duty to correct this unless the lawyer caused it.

- Who can the lawyer freely accept gifts from

lawyer's relative, when it isn't a substantial gift. A relative is one who the layer maintains a close familial relationship.

Lawyer can in person solicit when

lawyer, family close personal professional relationship with the lawyer.

- Preparing legal instruments

lawyers are prohibited from preparing legal instruments that create es substantial gift to eh lawyer or elative, except for when the donor is one of the lawyer's relative.

When can you acquire interest in the subject matter of litigation?

when it in in the form of a contingent fee.

- Business transactions with the client

lawyers must not enter into business transactions w/ client or acquire ownership interest that is adverse to a client unless all the following conditions are satisfied: 1. Terms are fair to the client. 2. terms are fully disclosed in writing 3. disclose covers essential arms of the transaction and 4. the client is advised in writing he should get the advice of an independent lawyer about the arrangement before entering into it. And the client must be give a reasonable chance to obtain that advice and, 5. the client give sin formed consent in a writing that the client signs. This rule does not apply to traditional commercial transaction for goods the client regularly markets to others, by no advantage in this situation.

What are the extent of duties in a negotiation

lawyers must not misrepresent mateiral facts to other lawers, but have no duty to infomr oposing party of relevant facts.

Solicitation rules prohibit live real time contact wiht prospective fee grenating clients unelss they are

lawyers, relatives, close firends, or former clients.

Every lawyer has a professional responsibility to provide legal service to people who cannot pay for it. [ABA Model Rule 6.1] Violating ABA Model Rule 6.1 is not grounds for professional disci- pline

line; Model Rule 6.1 recommends that every lawyer should spend 50 hours per year on pro bono work. A "substantial majority" of those hours should be spent doing unpaid legal service for poor people or organizations that address the needs of poor people.

Gifts Acceptable Without Reporting for judges

little intrinsic value, thing of value from individuals whose appearance or interests in a case would require the judges disqualifaciton in any vent Ordinary social hospitality; (iv) Commercial or financial opportunities, including discounts and loans in the regular course of business, provided the same opportunities are available on the same terms to similarly situated persons who are not judges; (v) Rewards and prizes given to participants in drawings and contests that are open to persons who are not judges; (vi) Scholarships and fellowships, provided they are available to similarly situated persons who are not judges, based on identical criteria; (vii) Books, magazines, journals, and other resource materials supplied by publishers on a complimentary basis for official use; and (viii)Gifts, awards, or benefits associated with the business or separate activity of a spouse, domestic partner, or other family member residing in the judge's house- hold, but that incidentally benefit the judge.

○ How do lawyers treat vulnerable clients

maintain normalcy, take protective action if client risks substantial harm. When taking protective action, the lawyer can authorize to disclose the alien's confidential information to the extent needed to protect client interests. Even if the client says no to revealing information, as long as the exactions done are to protect them.

opposing former firm's client

make sure not acqureied material conietnioanl info white at former firm/same or substantially related matter.

opposing former clinet

make sure not same or sutbatially related matter

- Representing two clients with inconsistence legal positions

make sure that the precedent of one wont' mislead heathery tis is a situation, the law must disclose the estuation to both and seek informed consent confirmed in writing. If on eddoes not consent, the lawyer must seek permission to withdraw from one or both cases.

A lawyer or firm must not accept a government legal engagement (i.e., employment that a public official has the power to award) or an appointment by a judge if the lawyer or firm

makes or solicits a political contribution for the purpose of obtaining such employment or appointment ("pay to play" contributions). [ABA Model Rule 7.6 and comment 1]. Prhibits only those that would not have been made but for the desire to be consider for th employment or appointment. that are substantial compared to contributions made by other lawyers or firms, are madefor the benefit of an official who can award such work, and are followed by an award to the lawyer or firm support an inference that the contributions were for the purpose of obtaining the work. Other factors, such as a family or professional relationship with the judge or a desire to further a political, social, or economic interest, weigh against inferring a prohibited purpose. [ABA Model Rule 7.6, comment 5] 2. Excluded Employment Excluded from the ambit of the rule are: (i) uncompensated services; (ii) engagements or appointments made on the basis of experience, expertise, qualifications, and cost, following a process that is free from influence based on political contributions; and (iii) engagements or appointments made on a rotating basis from a list compiled without regard to political contri- butions. [ABA Model Rule 7.6, comment 3]

○ When does lawyer authority end? MF DDDC

matter is complete, lawyer withdraws fired, issue dissolves, client dies, lawyers dies cannot continue. The lawyer must notify parties relying on continued existence of authority.

○ Substitute attorneys

may be denied if this cause undue delay or disruption. Courts are more likely to disallow attorney withdrawal.

- Lawyers who use confidential information for their own pecuniary gain?

may be subject to civil liability

Using client information for own gain

may have to account to th decliner, former client, or prospective client for his profits.

A judge must disqualify when impartiatliy

might reaosnbaley be questioned, but can be reasonable. not far-fetched.

Permissive disclosure

to prevent reasonably certain death or substantial bodily harm and to prevent certain types of economic harm to others. When a client uses the lawyer's services in furtherance of a crime or fraud int the future!! lawyers may disclose information relating to a client's representation in order to prevent, mitigate, or rectify substantial injury to the financial interests or property of another. to obtain legal advice about compliance to protect the lawyer's ability to assert claims and defenses on his own behalf, to comply with a court order or law, and in order to detect and resolve conflicts of interest related to a change in employment.

taking opposite positions on the same legal question in a different and later case or behalf of different clients

to the Model Rules, an attorney is permitted to take opposite positions on the same legal question in a different and later case or on behalf of different clients. Here, the attorney seeks to represent a manufacturer in a case that does not involve the prior clients.

YOU MUST REVEAL WHEN:

to the extent necessary to mitigate or rectify sutbatnial injury o another's financial interest for the lawyer's services.

Judges and discrimination and organizaions

udge must not belong to any organization that practices discrimination based on race, sex, gender, religion, national origin, ethnicity, or sexual orientation. [CJC Rule 3.6] Moreover, a judge is not permitted to use benefits or facilities of such an organization if the judge knows or should know that the organization so discriminates. However, an isolated attendance or incident is not a violation if it could not be perceived as an endorsement of the organization's practices.

• When does ACP not apply?

used to aid in future crime or fraud, self-protection, litigation between former joint clients, competency or intent of deceased client. When relevant to an issue of breach of duties arising out of the AC relationship,

Lawyers may not assist if?

using services, to pertureate past or future crime fraud, if this mitigates consequences of financial harm.

To represent two current clients with adverse interests, a lawyer must

ust reasonably believe that he can provide competent representation; each client must give informed consent, confirmed in writing; and the representation must not be prohibited by other law. Here, Lawyer did not obtain informed consent as defined in the Rules. He merely informed the clients that he might need to withdraw at some point if a conflict arises. The Rules require him to explain what sorts of conflicts could arise and what alternatives the couple has. Lawyer did not do that, so this is the correct answer choice.

Lawyer serving a third party neutral in a matter

utral in a matter must not thereafter become the lawyer for anyone involved in the matter, unless all of the parties give their informed consent, confirmed in writing. [ABA Model Rule 1.12(a)] This conflict is imputed to other lawyers in the lawyer's firm, but it can be solved by screening the lawyer from the matter, assuring that he does not share the fee, and notifying the parties in writing about the screening arrangement. [ABA Model Rule 1.12(c)] No conflict arises when a lawyer who served as a partisan arbitrator for a party is later asked to become that party's lawyer. [ABA Model Rule 1.12(d)]

- Direct adversity

vigorously cross examining a current client.

promptness, so as no tot

violate/cause unneeded anxiety as a result.

○ Four things that constitute violating the RPC?

violating, attempting, helping another or using someone else to violate the RPC. (8.4(a)

When does the appearance of impropriety arise?

when a judges conduct would create a reasonable perception she has violated the CJC or acted in some way that reflects adversely on her honesty, impartially ,temperament, or fitness

Tax positions

when advising about a debatable tax position, the attorney must warn the client about possible penalties and adverse consequences.

When does rectifying false evidence end?

when chance for appeal has expired

When is screening avialblae only?

when conflicts arise from duties owed to former clients arising from the lawyer's association with a prior firm.