Pro Resp Law Chart

ABA MODEL RULES OF PROFESSIONAL CONDUCT
RULE DESCRIPTION COMMENTS CALBAR Rules CA B&P Code

CLIENT LAWYER
1
RELATIONSHIP
1.0 Terminology
• Skill;
• Knowledge; 3-110
• Thoroughness;
1.1 Competence • Preparation.
• Must consult with an expert or refuse
engagement if not possessive of
requisite knowledge.
• Client sets objectives;

Scope of Representation and • Lawyer can limit scope.
1.2 Allocation of Authority • Cannot assist in illegal activities.
Between Client and Lawyer • Views of client are not views of
lawyer.
• Reasonable diligence and

1.3 Diligence promptness.
1.4 Communication
• Promptly inform client of any issue Rule 3-500 § 6103.5 requires
requiring informed consent; Rule 3-510 = Comment 2 to MR disclosure of all settlement
• reasonably consult with client 1.4 offers.
regarding means to achieve client’s
objectives;
• Must inform client of all settlement
offers
• keep client reasonable informed
about the status of the matter;
• promptly comply with reasonable
More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 1

requests for information;
• No unreasonable fees or expenses. Rule 4-200 § 6146

• Reasonableness is based on time & Basically same except says Limits fees on medical
labor; skill required; need to turn “unconscionable” instead of malpractice claims
1.5 Fees away other business; local rates; unreasonable. § 6148
• Communicate to client preferably in Communicate to client must be
writing in writing if >$1,000.
• No disclosure w/o informed consent

or implied consent; § 6068e
• Secure advice about lawyer’s Never disclose anything
compliance with rules; regardless of impact.
• To defend lawyer in malpractice or
against civil or criminal charges;
Confidentiality of
1.6 • To comply with law or court order;
Information
• Reasonably certain death or bodily
harm;
1.7 Conflict of Interest: Current • Cannot represent client if it will Rule 3-310
Clients adversely impact another client;
• Or will limit representation of
another client;
UNLESS:
• the lawyer believes he can handle
both (all) cases competently and
diligently;
• Not prohibited by law;

• The case does not involve the
claims of one client against another
represented by the same lawyer in
the same litigation;
• Each affected client gives informed
consent confirmed in writing.
1.8 Conflict of Interest: Current a) Cannot Enter Into Business

Clients: Specific Rules Arrangement With Client Or Acquire Rule 3-300
Any Ownership Interest Adverse To
No security interest adverse to client.
The Client Unless:
• Deal is fair and reasonable;
• Deal is disclosed in plain language
in writing to the client;
• Client is advised in writing to seek
advice of an independent attorney
and is given adequate time to do so;
• Client gives informed consent
signed in writing agreeing to the
terms of the deal, the lawyers role,
and indicating whether or not the
lawyer is representing the client in
that particular deal.
b) Cannot use information to the
disadvantage of the client unless the
client gives informed consent or
required by the rules.
Rule 4-400 is same as MR 1.8c
c) No gifts unless related to the client. gifts.
d) No media or book rights based on
representation in the case
e) No financial assistance to client
except court costs and expenses in
contingency cases; or if the client is
indigent.
f) No third party fees accepted unless: Rule 4-210
OK to pay third parties on behalf

• Client gives informed consent; of client with client consent; can
• No interference with professional loan money after
judgment for with client-lawyer
relationship;
• Information relating to
representation of client is protected
as required by Rule 1.6.
g) When representing multiple clients,
no blanket settlement or plea unless
each involved client gives signed
informed consent in writing and
lawyer discloses existence and nature
of all deals or pleas.
h) No agreement limiting lawyer’s
malpractice liability unless client has
independent counsel AND
malpractice settlement with
unrepresented clients unless client is
advised in writing to seek
independent legal counsel. § 6106.8
i) Lawyer cannot acquire proprietary
interest in a case unless acquiring a § 6106.9
lien against fees or it is a contingency
fee deal.
j) No sex with client unless it pre-dated
the client-lawyer relationship.
k) Any prohibition in this rule except for
sex applies to all members of a firm if
it applies to one member. Rule 3-120 (sex w/ client).
Lists myriad exceptions.
1.9 Duties to Former Clients a) Cannot represent a client if the
persons interests are materially 3-310e
adverse to a former client in the same
or substantially related matter
b) Lawyer cannot represent a client if
your old firm represented an

adversarial party or if you at the old
firm you gained privileged (Rules 1.6
and 1.9(c)) information about the
adversarial party.
c) If you or your firm or your former
form ever represented a client you
can never use any information you
gained during that representation
against the client nor can you even
disclose the existence of the
representation unless it is permitted
in the rules or has become generally
known.
a) If any lawyer in a firm is barred by

the rules from representing a client;
then the entire firm is barred unless
the barred lawyer’s interest in the
case is purely personal and will not
affect any of the firm’s other lawyers.
b) If a lawyer with specific knowledge
of a case and a client leaves the firm;
and if the firm no longer represents
that client; then the firm is free to
Imputation of Conflicts of represent someone with interests
1.10 materially adverse to that client
Interest
UNLESS it is the same case and
someone remaining at the firm has
privileged information about the
former client.
c) Disqualifications under this rule may
be waived by the client under the
conditions of MR 1.7.
d) Disqualification of lawyers in a firm
with former or current government
lawyers is governed by MR 1.11.

a) Current or former government
lawyers are subject to MR 1.9(c) and
also cannot represent a client in a
§ 8920
matter over which the lawyer had
§ 8921
substantial involvement while
working for the government unless
the government gives its informed
b) If one lawyer in a firm is barred from
a matter under this rule then so are all
lawyers in the firm unless the lawyer
is appropriately screened from
participation in the matter AND
written notice is provided to the
Special Conflicts of Interest government so that they can ascertain
for Former and Current compliance with the rules.
1.11 c) If a lawyer obtained confidential
Government Officers and
Employees information about a person while
working for the government he
cannot represent someone with
materially adverse interests.
However, the firm can as long as the
lawyer is timely screened from
participation and receives no share of
the fee on that engagement.
d) Current government employees are
subject to MR 1.7 and MR 1.9(c)
AND may not participate in matters
he was involved with while not a
government employee unless the
government gives its informed
1.12 Former Judge, Arbitrator, a) No representation unless informed

Mediator or Other Third § 6131
Party Neutral
b) Judge cannot negotiate for

employment; law clerk can after
notifying judge.
c) If one lawyer is disqualified all are
disqualified unless timely screened
AND written notice sent to all parties
and the court.
d) Arbitrators can represent clients who
they formerly served as partisans on
an arbitration panel.
1.13 Organization as Client a) Lawyer works for the company.

b) If lawyer knows that an officer,
employee, or other person associated
with the company is about to act
illegally or against the best interest of
the company, the lawyer must protect
the organization.
• Try to minimize disruption to the
company.
• Ask for reconsideration of the
matter.
• Advise the person that a second
legal opinion should be sought in
order to present company
management with two opinions.
• Go higher up or to the top of the
company.
c) If lawyer goes to the top and no
change, lawyer may resign per MR
1.16.
d) Lawyer should always point out that
his client is the company, especially
when meeting with officers or
employees whose interests may differ
from the company’s.
e) Lawyer can represent the company
and its officers or employees as long

as an officer of the company (not the

one being represented) approves the
dual representation per MR 1.7.
a) Try to retain normal relationship. Chapter 3 generally states that

b) If lawyer believes that client cannot you should always represent your
act in own best interests and is at risk, client competently.
lawyer may talk to others able to take
action to protect client or to seek
appointment of a guardian ad litem,
Client With Diminished conservator, or guardian.
1.14 c) Lawyer may release information
Capacity
under MR 1.6(a) but only to the
extent necessary to protect the
client’s interests.
a) Keep complete records; segregate Rule 4-100 § 6128

funds. 5 year retention requirement. Article 14 deals with
b) Lawyer may deposit his own funds funds for indigent defense.
into client trust account only to the See § 6210 - § 6228
extent necessary to pay bank fees.
1.15 Safekeeping Property c) Fees paid in advance go into trust
account and are removed as earned.
d) Notify client upon receipt of funds
belonging to client.
e) Disputed funds remain in trust; other
amounts distributed promptly.
1.16 Declining or Terminating a) Must withdraw and cannot begin Rule 3-700
Representation representation if: Must if malicious or baseless legal § 6068h
• Representation will violate rules. action Says you can’t reject the cause
• Lawyer physically or mentally of the defenseless or the
oppressed out of consideration

unfit. of yourself.
• Lawyer is discharged.
b) May withdraw if: Adds-can’t get along w/ co-counsel.
• No material adverse impact on DOES NOT say b1 – OK if no
client. adverse impact
DOES NOT say if financial burden.
• Client persists in illegal or
fraudulent activity.
• Client has used lawyer’s services to
perpetuate a fraud or crime.
• Client insists on action that lawyer
disagrees with.
• Client does not meet obligation to
lawyer and has been reasonably
warned.
• Engagement has become an
unreasonable financial burden on
the lawyer or the client has made
the engagement unreasonably
difficult.
• Other good cause for withdrawal.
c) Lawyer must notify the court of
planned withdrawal per court rules.
d) Lawyer should make termination as
easy on client as possible; give time
to find another lawyer; return unused
retainer, papers, etc.
1.17 Sale of Law Practice A lawyer may sell a law practice or an Rule 2-300
area of law practice including goodwill if:
a) Lawyer retires, moves, stops an area
of practice.
b) Entire practice or area of practice is
sold to another lawyer or group of
lawyers.
c) Seller gives notice to each client
regarding:
• Proposed sale

• Client’s right to retain other counsel
or take possession of the file.
• If no reply from client in 90 days,
OK to transfer file.
• If notice cannot be given, files
cannot be transferred without court
order.
d) No fee increases due to sale.
1.18 Duties to Prospective Client a) A person who discusses with a

lawyer the possibility of forming a
client-lawyer relationship is a
prospective client.
b) Even if lawyer is not hired, no
information may be disclosed except
former client info per MR 1.9.
c) Lawyer cannot represent a client with
interests adverse to the prospective
client if the prospective client
provides the lawyer with information
potentially harmful to the potential
client. If one lawyer in a firm is
disqualified under this rule, then the
whole firm is disqualified except as
in (d).
d) Exceptions to c:
• Both prospective and current clients
provide informed consent
confirmed in writing.
• Lawyer who received the
information tried to stop the client
from telling him more and
i) The disqualified lawyer is
timely screened

ii) Prompt written notice to the
prospective client.
2 COUNSELOR
• Independent professional judgment
2.1 Advisor • Candid Advice
• Can consider moral & other factors
with the law
a) May provide data to third parties if
compatible with client relationship
Evaluation for Use by Third b) Informed Consent if material issue
2.3
Persons or impact
c) Unless authorized, all protected by
MR 1.6
a) Arbitrator or mediator or similar Rule 1-710
Lawyer Serving as Third b) Make sure unrepresented parties You are subject to the Code of
2.4
Party Neutral know you are not representing Judicial Ethics
them.
3 ADVOCATE
Meritorious Claims and Must have basis in law and fact; not Rule 3-200 § 6068c
3.1
Contentions frivolous
Attempt to expedite the litigation
3.2 Expediting Litigation
consistent w/ client int.
a) A lawyer shall not knowingly:
• False statement of material fact Rule 5-200 § 6068d
• Fail to disclose adverse info to Rule 5-220
judge
• Offer or allow false testimony
3.3 Candor Toward the Tribunal b) Cannot allow client to fix the jury or
other
c) Disclose all known facts in ex parte
proceedings
d) Must take reasonable remedial
measures
3.4 Fairness to Opposing Party A lawyer shall not:
and Counsel a) Hide or destroy documents or Rule 5-300 § 6068f
obstruct Rule 5-310

b) Falsify evidence
c) Knowingly disobey an obligation
d) Be a jerk about discovery
e) Introduce opinion or irrelevant issues
f) Advise third parties not to give info
unless:
• Person is relative or agent of client
• And that person’s interests won’t be
harmed
A lawyer shall not:

a) Try to bribe the judge or fix the jury Rule 5-300 § 6068b
b) Communicate ex parte w/ judge or Rule 5-320
jury unless OK
Impartiality and Decorum of c) Talk to jurors after case if
3.5 • Court prohibits it
the Tribunal
• Juror doesn’t want to talk to him
• Misrepresentation, coercion or
harassment
3.6 Trial Publicity a) No prejudicial statements to the Rule 5-120

media Substantially same. § 6068f
b) Notwithstanding a), lawyer may Rule 1-320b
state: Says no gifts to the media. No
• Claim, offense, or defense, names if equivalent in MR?
allowed
• Information that is public record
• Scheduling or result of litigation]
• Request for assistance in gathering
info
• Public good danger warning
• Name and address of criminally
accused
• Info necessary to catch if not caught
• Arrest place and time
• Names of arresting and

investigating agencies and officers
c) Notwithstanding a) lawyer can make
any statement to counteract negative
publicity
d) No lawyer shall violate a)
a) Lawyer can’t advocate if he will be

witness unless: Rule 5-210
• Testimony relates to uncontested
issue
• Testimony relates to legal services
rendered
3.7 Lawyer as Witness • Disqualification of lawyer would be
hardship on client
b) A lawyer may advocate in a trial in
which another lawyer in the firm is
likely to be called as a witness unless
precluded from doing so by 1.7 or
1.9.
a) Don’t charge if no probable cause
b) Make sure defendant knows he can
have a lawyer
c) Don’t seek waivers from
unrepresented defendants
Special Responsibilities of a d) Timely discovery to defense
3.8 e) Don’t subpoena a lawyer about a
Prosecutor
client unless:
• No privilege
• Evidence is essential
• No other alternative
f) Don’t shoot mouth off to media
Make sure everyone knows you’re a
Advocate in Nonadjudicative
3.9 lawyer and conform to 3.3a– 3.4a-c 3.5
Proceedings
4 TRANSACTIONS
WITH PERSONS
OTHER THAN

CLIENTS
Truthfulness in Statements to a) No false statements of material facts
4.1
Others b) No failure to disclose
Don’t talk to someone who has their own Rule 2-100
Communication With Person
4.2 lawyer unless court order or OK by other Says nothing about court order.
Represented by Counsel
lawyer.
Dealing With Unrepresented Don’t fake that you are nonpartisan; no
4.3
Person legal advice other than to get a lawyer.
a) No ripping just to rip § 6068f
Respect for Rights of Third
4.4 b) Must notify sender of items sent in
Persons
error
LAW FIRMS AND
5
ASSOCIATIONS
a) Partners take reasonable efforts that
all lawyers in firm comply with MR
b) Supervisors make reasonable
Responsibilities of Partners, assurance that subordinates comply.
5.1 Managers, and Supervisory c) Lawyer responsible for another’s
Lawyers violation if:
• Lawyer orders or ratifies
• Knows but does not mitigate
a) Lawyer bound by MR regardless of
Responsibilities of a instructions
5.2
Subordinate Lawyer b) Not in violation if following orders
on a reasonable judgment call.
5.3 Responsibilities Regarding a) Supervisors to ensure reasonable
Nonlawyer Assistants compliance with MR.
b) Ensure subordinate conduct is
compatible with yours if working
together on a case.
c) Responsible for subordinate errors if:
• Lawyer orders or ratifies
• Knows but does not mitigate

a) No fee-sharing w/ non-lawyer except: Rule 1-310

• Time payments after death of a Cannot partner w/ non-lawyer if firm
lawyer will practice law
• Payment to estate of lawyer for Rule 1-311
amounts due Cannot hire disbarred or suspended
• Firm employees in retirement plan members to help render services to
• May share court awarded legal fees client in any way unless you notify
w/ non-profit client everybody and their brother.
b) Cannot partner w/ non-lawyer if firm Rule 1-310a
Professional Independence of
5.4 will practice law Financial arrangements with non-
a Lawyer
lawyers; same as MR 5.4a
c) Cannot allow client to direct your
Rule 1-600a
prof judgment
No fee sharing at all
d) Cannot practice as a PC or LLC if:
• A non-lawyer owns a piece of the
business
• A non-lawyer is a director or officer
• A non-lawyer has right to direct or
control lawyer’s judgment
5.5 Unauthorized Practice of a) Cannot violate or assist in violation Rule 1-300
Law; Multijurisdictional of local rules a) Cannot aid anyone in § 6104
Practice of Law b) If not admitted to practice in the unauthorized practice of law § 6105
jurisdiction cannot: b) Cannot practice in a jurisdiction
• Open an office or practice where doing so would be a
continually violation of local rules.
• Hold out as licensed to practice
there
c) Can work temporarily out of
jurisdiction if:
• Local counsel
• Connected to the case
• ADR related to a case in your
jurisdiction
• Other business in that jurisdiction
d) May provide legal services out of
area if:

• Your client has a presence there and
it is for your client and no pro hac
vice application required.
• In compliance with Federal Law.
a) Cannot participate in offering or
making:
• Employment arrangement that
Restrictions on Right to restricts to practice law upon
5.6
Practice termination
• Termination of right to practice is
element of settlement in a client
controversy.
a) Lawyer is subject to MR if services
provided are done outside a normal
client-lawyer relationship and they
are services that:
Responsibilities Regarding
5.7 • By the lawyer normally or
Law-Related Services
• Performed by any entity the lawyer
controls.
b) Services could legally be performed
by a non lawyer.
6 PUBLIC SERVICE
Should try to do 50 hours per year.
a) 50 hours to:
• poor people
• charitable organizations
Voluntary Pro Bono Publico b) provide additional services through:
6.1
Service • no-fee service to rights
organizations
• reduced fees to poor people
• activity to improve the profession
Should also give money
6.2 Accepting Appointments Don’t seek court appointment to represent
someone if doing so would lead to:
a) Violate MR
b) Unreasonable financial burden on

lawyer
c) Case is repugnant and would affect
judgment
OK to serve as officer or member of a
legal services organization, even if it has
interests adverse to a client as long as:
a) You don’t make decisions on matters
Membership in Legal
6.3 that would be incompatible with your
Services Organizations
client obligations.
b) Would hose a client of the
organization who is adverse to your
regular client.
OK to try and change the law if it will
Law Reform Activities help your client. But you must disclose
6.4
Affecting Client Interests that if approved, the action will help one
of your clients.
a) If you provide short-term non-
continuing legal service (post
earthquake advice, etc.) then you are:
Nonprofit and Court- • Subject to 1.7 & 1.9a only if you
6.5 Annexed Limited Legal are aware of conflict-of-interest
Services Programs • Subject to 1.10 only if you know
that another firm lawyer is subject
to 1.7 or 1.9a.
INFORMATION
7 ABOUT LEGAL
SERVICES
No false or misleading statements and no Rule 1-400d
leaving out a fact so it won’t be materially Also, 1-400f says you keep
misleading. everything 2 years
Communications Concerning
7.1
a Lawyer’s Services
7.2 Advertising a) Subject to 7.1 & 7.3, may advertise Rule 1-320b
b) No gifts or payments for referrals Deals with referrals. Allows gifts if Article 9

except: they did not lead to and were not § 6152
• May pay reasonable cost of ads offered in order to get the No trolling for work around
• Pay normal referral fees engagement. the local jail.
• Pay for a law practice per 1.17 Rule 2-200b § 6154
• Refer clients to a firm with a Same as MR 7.2b No runners or cappers.
reciprocal referral arrangement if:
i) The reciprocal agreement is
not exclusive and
ii) The client is informed of the
existence and nature of the
agreement
c) Any communication in connection
with this rule must have name and
office address of at least one lawyer
who wrote it.
a) Cannot directly contact a prospective Rule 1-400c
client unless:
• Target is a lawyer
• Target is a family member or close
friend
b) No calls, emails, etc. to prospective
Direct Contact With client if:
7.3
Prospective Clients
• Target told you to leave him alone
• Coercion or harassment
c) All envelopes, emails, etc. must begin
and end with “advertising material.”
d) OK to work for prepaid legal plans
that use boiler room tactics.
a) OK to communicate areas of
specialization or areas not handled
b) “Patent Attorney”
Communication of Fields of c) “Proctor in Admiralty”
7.4 d) Cannot claim specialist unless:
Practice and Specialization
• Certified by State or ABA AND
• Name of certifying authority noted
on ad.

a) No use of firm name that violates 7.1 See standards of rule 1-400
or implies public, gov’t., charitable
affiliation.
b) OK to list all locations but must say
7.5 Firm Names and Letterheads who practices where
c) No mention of a firm member who
holds public office
d) No implied affiliation unless such
exists.
Political Contributions to
Cannot accept court appointed or
Obtain Government Legal
7.6 government jobs if you make
Engagements or
contributions designed to solicit same.
Appointments by Judges
MAINTAINING THE
8 INTEGRITY OF THE
PROFESSION
Rule 1-200 basically same.
a) No false statements § 6068i
a) No false statements
b) Cannot further an application for
Bar Admission and b) Must disclose facts and reply to
8.1 a person you know to be
Disciplinary Matters requests for info unless conflict with
unqualified
MR 1.6
c) OK to serve as counsel for
applicant.
a) No starting rumors or making Rule 1-700
deliberate lies § 8920
b) If candidate for the bench, must § 8921
8.2 Judicial and Legal Officials comply with Code of Judicial
Conduct
a) Must report lawyers who you know

Reporting Professional violated MR
8.3
Misconduct b) Crooked judges
c) Not required that you violate MR1.6
8.4 Misconduct It is misconduct to: Rule 1-120
a) Violate MR or help others do so § 6068o
b) Engage in a criminal act that reflects § 6100

adversely on your honesty or § 6101
trustworthiness § 6102
c) Dishonesty, fraud, deceit or
misrepresentation
d) Engage in conduct prejudicial to the Rule 2-400 (discrimination)
admn. of justice; Discrimination
based upon race, sex, national origin,
religion, etc. is a violation of this
provision.
e) Imply or state you can influence the
gov’t.
f) Help a judge break the MR
a) You are subject to the rules of your
home jurisdiction regardless of where
the services were rendered. You are
also subject to the rules of the
jurisdiction where you rendered
Disciplinary Authority: services regardless of whether or not
8.5
Choice of Law you are admitted to practice there.
b) Choice of Law:
• Local rules apply first
• Rules of jurisdiction where issue
occurred next

Topic Sections Hints
Sex w/ Clients CR 3-120c OK if sex predates C-L relationship.
CR 3-110b Sex must not impair judgment.
MR 1.1
Multiple Representations MR 1.7 See list; many requirements
CR 3-310c Must be in writing.
Competence MR 1.1 Could be malpractice.
Business Relations w/ Clients MR 1.8a Look for unauthorized officer designation; s/b consented to in writing.
CR 3-300
MR 1.5 Look for value of stock – is fee reasonable?
MR 1.15 Safekeeping of client property and funds.
Fees MR 1.5 Must be reasonable and preferably negotiated in writing.
§ 6148 Must be in writing if >$1,000.
MR 4-200 Cannot be “unconscionable”
Side Deals – Steering Business MR 1.8 Must disclose all side deals and receive consent and give opportunity to consult
to Associates independent counsel.
Ordinary Rules
of Agency Must disgorge profit; cannot make undisclosed profit at client’s expense.
MR 8.4 Look for misconduct.

Side Deals – Purchasing MR 1.8 Must at least disclose and seek approval.
Adjacent Property Fiduciary Duty
Responsibilities MR 8.3 Must report known violations unless protected by MR 1.6.
MR 8.4
Suborning Perjury MR 3.3a See notes; if discovered, must take reasonable remedial measures.
And Providing Documents MR 3.4a Must discuss downside to testimony w/ client.
MR 4.3 Cannot directly seek to hide evidence or advise others to do so.
Attorney Work Don’t pretend that you are nonpartisan.
Product and Third party communications not privileged.
Attorney Client
Privilege

Topic Sections Hints
Disqualifying Lawyers MR 1.7

MR 1.8
MR 1.9
MR 1.10
MR 1.11
18 USCA § 207 Cannot use contacts to influence gov’t. decisions.

Pro Resp Law Chart

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Pro Resp Law Chart

Hochgeladen von

Copyright:

Verfügbare Formate

ABA MODEL RULES OF PROFESSIONAL CONDUCT

RULE DESCRIPTION COMMENTS CALBAR Rules CA B&P Code

• Client sets objectives;

• Reasonable diligence and

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 1

• No unreasonable fees or expenses. Rule 4-200 § 6146

• No disclosure w/o informed consent

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 2

1.8 Conflict of Interest: Current a) Cannot Enter Into Business

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 3

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 4

a) If any lawyer in a firm is barred by

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 5

1.12 Former Judge, Arbitrator, a) No representation unless informed

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 6

1.13 Organization as Client a) Lawyer works for the company.

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 7

as an officer of the company (not the

a) Try to retain normal relationship. Chapter 3 generally states that

a) Keep complete records; segregate Rule 4-100 § 6128

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 8

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 9

1.18 Duties to Prospective Client a) A person who discusses with a

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 10

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 11

A lawyer shall not:

3.6 Trial Publicity a) No prejudicial statements to the Rule 5-120

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 12

a) Lawyer can’t advocate if he will be

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 13

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 14

a) No fee-sharing w/ non-lawyer except: Rule 1-310

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 15

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 16

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 17

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 18

a) Must report lawyers who you know

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 19

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 20

MR 8.4 Look for misconduct.

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 21

Disqualifying Lawyers MR 1.7

More Free Outlines: http://c.finamore.home.comcast.net or http://finamore.net 22

Das könnte Ihnen auch gefallen