MPRE QUICK RULES TO MEMORIZE (1.

6, ACP, COI)

Exceptions to Duty of Confidentiality

1. Client gives informed consent (1.6a)client consents after full disclosure. Lawyer must explain to client exactly what lawyer intends
to disclose and how that disclosure is likely to affect the client.. Lawyer must explain to client exactly what lawyer intends to disclose and
how that disclosure is likely to affect the client. You never have implied authority to disclose information that will harm your client.
2. Implied authority (1.6a)A lawyer has implied authority under Rule 1.6 only if the disclosures are required by the rules of
procedure or will help, not hurt the client. Atty can reveal facts that will help client in negotiations and turn over documents for pending
litigations.
3. To Prevent Reasonably Certain Death or Substantial Bodily Harm (1.6b1)An act of any time that is reasonably certain to kill or
seriously injure someone. Can be an act by anyone not just clientnot disclosing past crimes, focusing on the now!!
4. To Prevent the Client from committing a CRIME or FRAUD that is reasonably certain to result in substantial injury to the
financial interests or property and in further of which the client has used or is using lawyers services (1.6b2)lawyer cannot
report misconduct that does not rise to the level of crime or fraud OR if it might injure anothers fiancs, has to be reasonable certain.
Cannot cause minor injure.
5. To prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to
result, or has resulted from the clients commission of a crime or fraud in furtherance of which the client has used the lawyers
services (1.6b3)Even if crime and harm have already occurred, lawyer can try to mitigate or rectify it. Lawyers services MUST have
been used to futher the clients crime or fraud
6. To secure Legal advice about the lawyers compliance with these laws (1.6b4): to see if their conduct complies with ethical standards
7. Lawyers claim / Self Defense (1.6b5)reveal information relating to the representation necessary to establish a claim or defense.
Cannot be broader than necessary. i.e. client v. atty unpaid fees or malpractice; client v.atty
8. To Comply with Other Law (1.6b6)A court might order a lawyer to testify or turn over certain documents that are not covered by ACP.
Lawyer has right to appeal disclosure before complying, but if held up on appeal may reveal info necessary to comply with court order
(or contempt). Still must disclose to client.
9. Information that has become generally known after representation ended (1.9c)not when you are in middle of representation. And
you need informed consent to speak to media.

Mandatory DisclosuresYou must disclose or you will face criminal charges/ disbarment
1. False Evidence Offered to a Tribunal Rule 3.3aprohibits a lawyer from offering evidence that the lawyer knows to be false. You need
to take remedial measures. Perjury: disclose, unless lawyer can correct the problem in some other manner. If you know D want tell
truth, just put on stand and let talk.you cannot ask them questions.
2. Criminal or Fraudulent Conduct related to a proceedings before a tribunal (3.3b)if lawyer know any person to engage, is engaging
or has engaged in criminal or fraudulent conduct relating to THAT proceeding, shall take reasonable remedial measures, if necessary to
disclose to the tribunal. COVERS PAST< PRESENT<FUTURE< CRIMES RELATING TO THAT PROCEEDING.
3. When the client is an organization, a clear violation of law may be revealed to prevent substantial injury to that organization
(1.13)REPORT UP, to the highest authority if necessary. Can report wrongdoings to authorities outside the organization if reporting up
did not work. Report up, then out. Might want to consult an ethics expert first.
4. Responsibility in Ex Parte Proceeding (3.3d): When you are required to appear in court to reveal material facts to court.

Exceptions to Attorney Client Privilege: when one of 5 privilege elements does not attach. CL privilege.you have to be in one of these
exceptions.
1. Testamentary Exception: court can compel a lawyer who drafted will to testify to information shedding light on the testators intent.
Testators would want it to make sure intentions are honored. That person is dead.
2. Crime Fraud Exception: when client has used lawyers services to commit fraud. You can do so voluntarily or be ordered
3. Deceased Client Exception: when a client has died and societys need for privileged information out weighs harm to deceased client.
4. Waiver By Disclosure: A client may waive by turning over privileged documents to another party. Whether intentional or not. i.e.
elevator talk need to keep information confidential.
5. Waiver By Failure to Object: client deemed to have waived ACP if lawyer fails to object to a question that calls for privileged
information .
6. Waiver by Attack a Lawyers Work: client who sues for legal malpractices waives right to claim ACP for communications relevant.
7. Advice of Counsel Defensecan waive if client testifies was acting in advice of counsel.

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Conflict of Interest

A lawyer shall not represent a client if the representation involves a concurrent conflict of interest.
A concurrent conflict of interest exist if : 1) representation of one client will be directly adverse to another client , OR 2) there is a
significant risk that the representation of one or more clients will be materially limited by the lawyers responsibility to another client. ,
3rd party, or lawyers interests.

A lawyer may represent a client (if all of these elements are met):
Lawyer reasonable believes that the lawyer will be able to provide competent and diligent representation to each affected (sub/obj)
Representation is not prohibited by law
Representation does not involve assertion of a claim by one client represented by the lawyer in the same litigation or other
proceeding before a tribunal. (NON-CONSENTABLE)
Each affected client gives informed consent in writing.
o Explain the facts that create the conflictwhat will happen if you have to withdraw and the consequences. Likelihood that
conflicts grow so serious that you have to withdraw.

Examples of Conflicts Between Two Current Clients

Representing opposing side in the same litigation. Lawyer or law firm cannot handle both sides of the same case. Client consent is
IRR and ineffectiveits non-consentable. 1.7b3, per se rule

Representing opposing sides in the same TR. Lawyer may usually not represent both sides
1. OKAY WHEN= parties have already agreed to all the terms and just need the terms drawn up to formalize the agreement
2. BUT= if there are any material disputed terms= NONCONTESTABLE1.7b1. you wont be able to provide competent and
diligent representation to each client.

Opposing a Current Client in Unrelated Litigation: always a conflict and requires consent form the clients on both side. Current client
has absolute veto. Concerned about breach of loyalty to current client, and materially limiting representation for new client. 1.7a1/2

Opposing a Current Client in Unrelated TR: Always a conflict but often consentable. 1.7= who interests are only economically adverse,
does not ordinarily create a COIand may not require consent

Multiple Representation of Allied Parties: Always a conflict but often consentable. 1.7 Comment 18, need to explain to client the risk
and advantagesmust be informed.
1. Pros: Save legal fees, save time scheduling meetings
2. Cons: if it fails, all parties have to get a new lawyer, a lot of time and money, cannot claim ACP

Multiple Representations in TR 1.7,. Yes, representing 2 or more people who have common goal in a TR is permitted under 1.7 as long
as the clients wont suffer too much if the proposed TR falls apart.

Specific Rules
BUSINESS TRANSACTION a) lawyer shall not enter into a business TR with a client or knowingly acquire ownership, possessory,,
security, or any other pecuniary interest adverse to client unless
1. Terms and TR are fair, reasonable to client, fully disclosed, transmitted in writing
2. Client is advised to seek counsel and is given reasonable opportunity to do so
3. Client gives informed consent, in writing signed by the client to the essential terms of the TR and the lawyers role in the TR,
whether the Lawyer is representing the client in the TR.

INFO DISADV Client: b) a lawyer cant use info relating to the representation of a client to the disv of a client, unless client gives informed
consent.

GIFTS: c) lawyer shall not solicit any subst gift from a client or a person related to the lawyer unless the lawyer or recipient is related to
the client. Related= spouse, child, gchild, parent, gparent, or relative/ indv whom the lawyer maintains a close familial relationship.

Literary/Media Rights: d) prior to the end of representing a client, the lawy cannot make or negotiate an agreement giving the lawyer
literary or media rights to portrayal or account based in substantial part on the information relating tot the representation.

Financial Assistance e) : lawyers shall not provide financial assistance to a client in connection with pending or contemplated
litigationEXCEPT THAT
1. Can advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter
2. Lawyer representing an indigent client may pay ct costs and expense of litigation on behalf of the client.

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 Compensation f) A lawyer shall not accept compensation for representing a client from a person other than the client unless
1. client gives informed consent
2. no interference with the lawyers indp profession judgment or client-lawyer relationship,
3. information relating to representation of a client is protected required by 1.6

Aggregate Settlement g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the
claims of or against the clients , unless each client gives informed consent, in a writing signed by the client . Lawyer has to disclosure the
existence and nature of all the claims or pleas involved and participation of each person in the settlement

Lawyer Limit Liability for Malpractice (h):

1. A lawyer shall not make an agreement limiting his liability to a client for malpractice unless the client is indp represented in
making the agreement! OR
2. A lawyer cannot settle a claim or potential claim for such liability with an unrepresented client or former client unless that
person is advised in writing the desirability of getting a lawyer and is given a reasonable opportunity to get one.

Proprietary Interest: I) lawyer shall not acquire propriety interest in the COA or SM of the litigation the lawyer is conducting EXCEPT
1. Acquire a lient authorized by law to secure the lawyers fees or expenses AND
2. Contract with the client for reasonable contingent fee in a civil case

Sex j: A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed before atty-client relationship
commenced.