Aba Model Rules Of Professional Conduct

Front 1

MRPC 8.1

Back 1

Bar admission and Discipline
Can't lie on bar admission, can't fail to disclose material information

(applies to bar applicant or atty in connection with a disciplinary matter)

Front 2

MRPC 8.2

Back 2

Judicial and Legal Officials

(a) can't lie (or recklessly disregard truth) regarding judges'/legal officers'/judicial candidates' qualifications or integrity.
3
(b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct.

Front 3

MRPC 8.3

Back 3

Reporting Professional Misconduct

A lawyer who knows of a violation raising a *substantial question* of another lawyer's honesty, trustworthiness or fitness as a lawyer must report to "appropriate professional authority"

ditto for a judge that atty knows has violated judicial rules of conduct that bring into *substantial question* the judge's fitness

Front 4

MRPC 8.4

Back 4

What Constitutes Atty Misconduct

It is professional misconduct for a lawyer to:
(a) (try to) violate the rules of professional conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit *any* [not just legal] criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state/ imply getting results by improper means
or
(f) knowingly assist a judge/judicial officer in a violation

Front 5

MRPC 8.5:

Back 5

Jurisdiction (over atty misdeeds)

Subject to discipline where you are admitted AND where conduct was (if different)
Choice of law = rules of where tribunal sits (if in re something before a tribunal), or rules where the conduct occurred

Front 6

MRPC 1.1

Back 6

Competence

Atty must provide competent representation (aka knowledge, skill, thoroughness and preparation reasonably necessary for
the representation)

**relevant factors include the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field in question, the preparation and study the lawyer is able to give
the matter and whether it is feasible to refer the matter to, or associate or consult with, a
lawyer of established competence in the field in question.

Front 7

MRPC 1.2

Back 7

Scope of Representation

(a) Lawyer shall abide by a client's decision--take action where impliedly authorized to carry out representation.
Client's call on when to settle.
Client's call on plea, jury trial, and whether to testify.

(b) A lawyer's representation of a client does not equal an endorsement of views


(c) May limit scope of representation with informed consent.

(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that a
lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

(e) Can't assit in fradulent or illegal conduct--but you can tell him if conduct will be illegal

Front 8

MRPC 1.16(a)

Back 8

Declining or Terminating Representation
[Mandatory Withdrawal]

A lawyer can't represent / must withdraw if
(1) the representation will result in violation of the rules of professional conduct or other law;
(2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or
(3) the lawyer is discharged.

Front 9

MRPC 1.18

Back 9

Duties to a Prospective Client

Preliminary discussions = prospective client--privilege attaches, can't represent someone on the other side for whom the information would be helpful (imputed to all clients in the firm),

CAN represent with this info if:
both affected and prospective client have given informed consent in writing
OR
the lawyer took reasonable measures to avoid exposure to more disqualifying information than was necessary to be sure he could not represent the client AND disqualified lawyer is timely screened and written notice is promptly given to prospective client

Front 10

MRPC 1.0(e)

Back 10

"Informed Consent" =

Denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct

Front 11

MRPC 1.3

Back 11

Atty should act with reasonable promptness and diligence when representing a client

Front 12

MRPC 1.14

Back 12

Client Under a Disability

(a) When a client's decision-making is impaired (minority, mental disability, etc), the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.

(b) A lawyer may seek the appointment of a guardian or take other protective action with respect to a client, [only when the lawyer reasonably believes that the client cannot adequately act in the client's own interest].

(c) 1.6 applies but when acting under (b) atty the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but *only to the extent necessary* to protect the client’s interest.

Front 13

MRPC 2.1

Back 13

Advisor

In representing a client, a lawyer shall exercise independent professional judgment and render candid advice.

(not just law but also other considerations that may be relevant such as moral, economic, social and political factors, that may be relevant)

Front 14

MRPC 1.6

Back 14

Confidentiality of Information

A lawyer shall not reveal information relating to the representation of a client
UNLESS the client gives informed consent,
OR
the disclosure is impliedly authorized in order to carry out the representation,
OR is permitted under this rule (below)

Permitted to the extent the lawyer reasonably believes is necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interest or
property of another and in furtherance of which the client has used or is using the lawyer’s services;
(3) 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 client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance with these rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which
the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client.
(6) to comply with other law or a court order

Front 15

MPRC 1.7

Back 15

Conflicts of Interest *Between* Clients

No representation when conflict of interest
A conflict exists when
(1)directly adverse clients,
OR
(2) significant risk that the representation of one or more clients will be materially limited by the lawyers responsbility to another client (former client, third person, personal interest of the lawyer).

Can represent DESPITE conflict if:
(1) reasonably believe that the you will be able to provide competent and diligent representation, (2) not prohibited by law, (3) does not involve a claim directly invoking other client, (4) each client gives informed consent in writing

Front 16

Rule 1.8

Back 16

Conflict of Interest Between *Atty* and Client

A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or pecuniary interest adverse to a client UNLESS:

(1) the transaction and terms on which the lawyer acquires the interests are *fair and reasonable* to the client and are fully disclosed and transmitted *in writing* to the client in a manner which can be reasonably understood by the client;
(2) the client is advised *in writing* to seek independent counsel and is given a reasonable opportunity to seek that counsel
(3) the client consents in writing thereto.

(b) A lawyer shall not use information relating to representation of a client
(1) to the disadvantage of the client, or
(2) to the advantage of himself or a third person, unless the client consents after consultation.

**Shall not prepare an instrument giving Atty or relative any substantial gift from client unless related to client

Front 17

MRCP 1.9

Back 17

Conflict of Interest [Former Client]

A lawyer who has formerly represented a client in a matter shall not thereafter:

(a) represent another in *the same or a substantially related matter* in which that
person's interests are materially adverse to the interests of the former client
UNLESS the former client consents after consultation;


(b) Atty also can't use information relating to the representation to the disadvantage of the former
client except as Rule 1.6 would permit with respect to a client or when the information has become generally known.

Front 18

MRPC 1.10

Back 18

Imputed Disqualification [General Rule]

* Conflicts impute to other members of the firm UNLESS
(1) Conflict is based on a personal interest that does not present a significant risk to the remaining firm attys
OR
(2) Conflict is based on atty's status in a previous firm AND
1) disqualified lawyer is screened and doesn't get fee, AND 2) written notice given to former client so he can enforce the rule (includes description of screening, statement of compliance with rules, says review available before tribunal, agreement to respond promptly to any written inquires or objections about screending), AND 3) Certifications of compliance with rules presented by screened attorney and a partner at new firm at reasonable intervals by former client's request.

(b) When a lawyer leaves, his imputed conflict leaves except: Same matter or substantially related matter, lawyer remaining at the firm has privileged information. Affected clients can waive disqualification.

Front 19

MRPC 1.11

Back 19

Successive Government and Private Employment

**lawyer shall not represent a private client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency consents after consultation.

No lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless:
(1) the disqualified lawyer is screened from any participation in the matter and
is apportioned no part of the fee therefrom; and
(2) written notice is promptly given to the appropriate government agency to
enable it to ascertain compliance with the provisions of this rule.


If currently serving as public officer,
a lawyer is subject to 1.7 and 1.9 and can't participate in a matter they were involved in with private practice OR negotiate for private employment with any person who is involved as a party or as a lawyer to a party in a matter before that public officer/lawyer [except for a law clerk to a judge (Rule 1.12(b))]

Front 20

MRPC 1.12

Back 20

Former Judge, Arbitrator, Mediator, or Other Third Party Neutral

Former Judge:
Can't represent someone you were a judge over,
Can't negotiate for a job with someone you are a judge over except for law clerks (must notify the judge they are clerking for),

This imputes to other lawyer's in former-judges firm UNLESS:
screened and no fee AND written notice to other party and tribunal. Doesn't apply to arbitrator selected as a partisan of a party in a multimember arbitration panel

Front 21

MRCP 1.13

Back 21

Organization as a Client

**A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.

***must nark on someone who confesses he/she is breaking the law (b/c in best interest of the organization)

***may still report even if fired if is in the best interest of the organization

***may rep a director as well if is in accord with Rule 1.7

Front 22

MRPC 1.15

Back 22

Safekeeping Property

**A lawyer shall hold clients’ and third persons’ property separate from the lawyer's own
property.

Funds shall be kept in a separate trust account maintained in the state where the lawyer's office is situated, or elsewhere with the consent of the client or third person.

Other property shall be
identified as such and appropriately safeguarded.

Complete records of such trust account funds and
other property shall be kept for five years after termination of the representation.

Upon receiving funds or other property in which a client or third person has an interest, a
lawyer shall *promptly notify* the client or third person.

Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third
person any funds or other property the client or third person is entitled to receive and, upon request
by the client or third person, shall promptly render a full accounting regarding such property

Front 23

MRPC 1.16 (b) and (c) and (d)

Back 23

Declining or Terminating Representation [Permissive Withdrawal]

A lawyer *may* withdraw from representing a client
(1) if withdrawal can be accomplished without materially adverse effect on the interests of the client, or if:
(2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent;
(3) the client has used the lawyer's services to perpetrate a crime or fraud;
(4) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent;
(5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the
lawyer will withdraw unless the obligation is fulfilled;
(6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
(7) other good cause for withdrawal exists.

(c) must stay on if ordered to do so by the court

(d) atty should reasonlbly protect client interests by giving reasosable notice, giving time to find other counsel

Front 24

MPRC 1.17

Back 24

Sale of a Law Practice

A lawyer or law firm may sell or purchase a law practice, including good will, if

1.) The selling lawyer or law firm ceases to engage in the private practice of law inthe geographic area wherein the practice has been conducted;
2.) The practice is sold as an entirety to another lawyer or law firm;
AND
3.) Actual written notice is given to each of the seller’s clients regarding:
-the proposed sale;
-the client’s right to retain other counsel or take possession of the file; and
-the fact that the client’s consent to the sale will be presumed if the client does not
take any action or does not otherwise object within ninety (90) days of the receipt of
the notice.

If a client cannot be given notice, the representation of that client may be transferred to the purchaser only by authorization of a court

**Fees charged to clients will not be raised due to sale

Front 25

MRPC 2.3

Back 25

A lawyer may undertake an evaluation of a matter affecting a client for the use of someone other than the client if:
(1) the lawyer reasonably believes that making the evaluation is compatible
with other aspects of the lawyer's relationship with the client;
AND
(2) If the lawyer knows or should know that the evaluation is likely to affect the client's interests materially and adversely then the lawyer shall not provide the evaluation unless the client gives informed consent. Unless disclosure is authorized by in connection with the report the information is protected by Rule 1.6.

Front 26

MRPC 2.4

Back 26

Lawyer as a third party neutral (arbiter, mediator, etc)

An atty is a 3d party when trying to resolve something with two parties and neither is a client.

Lawyer must inform unrepresented parties that he is not representing them--if they don't understand lawyers role he has to explain it to them.

Front 27

MRPC 3.1

Back 27

Meritorious Claims and Contentions

A lawyer *shall not* bring or defend a proceeding unless there is a basis in law and in fact for doing so that is not frivolous,

This includes a good faith argument for an extension, modification or reversal of existing law.

Nevertheless, a lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may so defend the proceeding as to require that every element of the case be established

Front 28

MRPC 3.2

Back 28

Expediting Litigation

A lawyer shall make reasonable efforts to expedite litigation consistent with the
interests of the client.

Front 29

MRPC 3.3

Back 29

Candor Toward the Tribunal

A lawyer shall not knowingly:

(1) make a false statement of material fact or law to a tribunal;
(2) fail to disclose legal authority in a controlling Jx known by the atty to be adverse to the client's position (and not disclosed by the opposing counsel)
OR
(3) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.
(b)

(c) Duties continue to the end of the proceeding and apply even if compliance requires disclosure of information otherwise protected

**Atty MAY refuse to offer evidence he reasonably believes to be false *except for* testimony of of a defendant in a criminal matter. If the client is going to keep engaging in criminal or fraudulent conduct related to the proceeding then the lawyer shall take reasonable remedial steps, including possibly disclosure to the tribunal.

**In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer which will enable the tribunal to make an informed decision, whether or not the facts are adverse.

Front 30

MRPC 3.4

Back 30

Fairness to Opposing Party and Counsel

Atty cannot not (shall not):
(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
(c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;
(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;
(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or
(f) request a person other than a client to refrain from voluntarily giving relevant
information to another party UNLESS:
(1) the person is a relative or an employee or other agent of a client; and
(2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

Front 31

MRPC 3.5

Back 31

Impartiality and Decorum of the Tribunal

A lawyer shall not:
(a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;
(b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;
(c) communicate with a juror or prospective juror after discharge of the jury if:
---the communication is prohibited by law or court order: or
--- the juror has made known to the lawyer a desire not to communicate.
--- the communication involves duress, harassment, misrepresentation, coercion, etc
(d) engage in conduct intended to disrupt a tribunal.

Front 32

MRPC 3.6

Back 32

Trial Publicity, Extrajudicial Statement; Allowed Statements

**A lawyer shall not make an extrajudicial statement that she knows or should know will be disseminated by means of public communication and will have a *substantial likelihood* of materially prejudicing an adjudicative proceeding.

Can state bare bones facts/info (investigation in place, scheduling, basic info about the accused, etc) or a warning about possible danger)

Despite the above, an atty MAY make a statement that 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 lawyers's client (the statement must be limited to such information as is necessary to mitigate the recent adverse publicity)

**Lawyers in same firm or agency with lawyer can't make prohibited statements either.

Front 33

MRCP 3.7

Back 33

Lawyer as a Witness

(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness EXCEPT where:
(1) the testimony relates to an uncontested issue;
(2) the testimony relates to the nature and value of legal services rendered in the case; or
(3) disqualification of the lawyer would work substantial hardship on the client.

(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.

Front 34

MRPC 3.8

Back 34

Special Responsibilities of a Prosecutor

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by
probable cause;

(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;

(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of
this responsibility by a protective order of the tribunal; and

(e) exercise reasonable care to prevent investigators, law enforcement personnel,
employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under
Rule 3.6.

Must refrain from public statements (except for neccessaty to inform public) that will heighten public condemnation of the accused and must exercise reasonable care to prevent others involved in the investigation from doing the same. If new evidence that has a reasonable likelihood of demonstrating innoncence of a convicted defendant then they must: disclose the evidence to an appropriate court or authority, AND IF the conviction was obtained in the prosecutor's jurisdiciton then: promptly disclose that evidence to the defendant unless a court authorizes delay AND undertake further investigation or make reasonable efforts to cause an investigation to determine whether the defendant was convicted of an offense that the defendant did not commit. If clear and convincing evidence of innocence than a duty to take steps to remedy the situation (if in his jurisdiction).

Front 35

MRPC 3.9

Back 35

Advocate in Non-Adjudicative Proceedings

A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a
representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.

Front 36

MRPC 4.1

Back 36

Truthfulness in Statements to Others

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

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

(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client.

Front 37

MRPC 4.2

Back 37

Communication with Person Represented by Counsel

In representing a client, a lawyer shall not communicate about the subject of the
representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.

EXCEPTIONS:
(1) Lawyer does not have actual knowledge of representation
(2) Communication authorized by law
(3) Matters outside the representation

Application to Organization Clients (comment 7)

Must get consent of the organization's counsel prior to communication with:
(1) person who has present managerial responsibility
(2) person whose contact may be imputed to the organization for purposes of criminal or civil liability
(3) person whose statements may constitute an admission

** Not required to talk with former member of the organization
** and if an organization person brings own counsel, that is considered sufficient.

Front 38

MRPC 4.3

Back 38

Dealing with Unrepresented Persons

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer *shall 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 shall make reasonable efforts to correct the misunderstanding.

The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonably possibility of being in conflict with the interests of the client.

Front 39

MRPC 4.4

Back 39

Respect for Rights of Third Persons

(a) A lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

(b) A lawyer who receives a document relating to the representation of the lawyer’s client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender.

Front 40

MPRC 5.1

Back 40

Responsibility of Supervisory Lawyers

Responsibility to make sure all lawyers in firm are following rules. If directly supervising one lawyer, make sure he follows the rules

**A lawyer shall be responsible for another lawyer's violation of the rules of professional conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved;
OR
(2) if in a position of authority at the firm but fails to take reasonable remedial action when could have avoided or mitigated.

Front 41

MPRC 5.2

Back 41

Responsibility of a Subordinate Lawyer

(a) A lawyer is bound by the rules of professional conduct, even if someone else tells you to do it.

(b) A subordinate lawyer is in the clear if
acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty.

Front 42

MPRC 5.3

Back 42

Responsibility of Nonlawyer Assistants

With respect to a non-lawyer employed or retained by or associated with a lawyer:

(a) managing-type attys *shall* make reasonable efforts to ensure the firm has measures giving to ensure that non-attys are following the rules

(b) a lawyer directly supervising non-attys' work must make sure they comply with the rules

(c) a lawyer shall be responsible for conduct of non-attys -- if you order/ ratify OR you have managerial authority over the firm and you could have done something to avoid or mitigate, then you are responsible.

Front 43

MRPC 1.5

Back 43

Fees

A lawyer's fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.

Client should know about the fee beforehand, preferably in writing (changes to fees must be in writing)

Contingent fees are okay, must be in writing in detail.

No contingencies for domestic relations or representing a criminal defendant

Attys not in the same firm may divide fees only if
1 the division is in proportion to the work they did
2 the client agreed to the arrangement (in writing)
AND 3 the total fee is reasonable

Front 44

MPRC 6.1

Back 44

Voluntary Pro Bono Public Service

Lawyer should aspire to render at least (50) hours of probono legal services per year.
Should: Provide a substantial majority of the fifty hours without fee to:
persons of limited means,
charitable religious,
civic,
community,
governmental, and educaitonal organizations

in matters that are designed primarily to address the needs of persons of limited means.

Lawyers should also provide additional services though: services for no fee to organizations seeking to secure or protect civil rights, civil liberties, or public rights, or charitable, religious, civic, community, governmental and educational organization in matters in furtherance of their organizational purposes,
where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate, services to people of limited means, or participation in activities for improving the law, the legal system or the legal profession.

Front 45

MPRC 6.2

Back 45

Accepting Appointments

A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause: likely to result in violation of the rules, likely to result in an unreasonable financial burden, client or clause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client

Front 46

MRPC 6.3

Back 46

Membership in Legal Services Organization

A lawyer may serve as a director, officer or member of a legal services organization,
apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer.

BUT
-The lawyer shall not knowingly participate in a decision or action of the organization:
(a) if participating in the decision would be incompatible with the lawyer's obligations to a client under Rule 1.7; or

(b) where the decision could have a material adverse effect on the representation of
a client of the organization whose interests are adverse to a client of the lawyer.

Front 47

MRPC 6.4

Back 47

Law Reform Activities Affecting Client Interests

You can be a director in an organization that advocates law reform even if it affects a client's interest -- when knows a client might benefit by a decision the atty is participating in, must disclose the fact but need not identify the client

Front 48

MRCP 6.5

Back 48

Non-profit and court-annexed limited legal services programs:

Short term limited legal services to a client without expectation by either the lawyer or the client that there will be continuing representaiton is subject to rules 1.7 and 1.9(a) ONLY IF the lawyer knows that the representation involves a conflict of interest (he has to already know), AND it is subject to rule 1.10 only if the lawyer knows that another lawyer assocatied with the law firm is disqualified . Otherwise, rule 1.10 does not apply to representation under this rule

Front 49

MRPC 5.4

Back 49

Professional Independence of a Lawyer

**Lawyer may not partner with a nonlawyer if any of the services include the practice of law

**No sharing of legal fees with non-lawyers unless one of the exceptions

**A lawyer shall not permit a person who recommends, employs, or pays the lawyer
to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services.

**A lawyer shall not practice with or in the form of a professional corporation or
association authorized to practice law for a profit, if:
(1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration;
(2) a nonlawyer is a corporate director or officer thereof; or
(3) a nonlawyer has the right to direct or control the professional judgment of a lawyer.

Front 50

MRPC 5.5

Back 50

Unauthorized Practice of Law

Can't practice law unauthorized or help someone else do it. If not admitted in the jurisidction,

you can't: establish an office or systematic presence there, represent yourself as a lawyer.

If admitted somewhere else you can provide temporary legal assistance IF:
the services are undertaken in associaiton with a lawyer who is admitted to practice in theis jurisdiction and who actively participates,
if services are reasonably related to a pending or potential proceeding (or arbitration) before a tribunal in this or another jurisdiciton where you are authorized,
if services aren't related to a proceeding--but services arise out of or are reasonably related to lawyer's practice in a jurisdiciton where he is admitted.

If admitted somewhere and not disbarred you may provide legal services that: are provided to your emlpoyer or its organizational affiliates and are not services for which the forum requires pro hac vice admission OR are services that the lawyer is authorized by federal or other law to provide in this jurisdiction.

Front 51

MPRC 5.6

Back 51

Restrictions on Right to Practice

A lawyer shall not participate in offering or making:

(a) a partnership or employment agreement that restricts the rights of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement
OR
(b) an agreement in which a restriction on the lawyer's right to practice is part of the
settlement of a controversy between private parties.

Front 52

Model Rule 5.7

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Lawyers are permitted to provide law-related services to clients that might be reasonably performed in conjunction with (and are related to) the provision of legal services and not prohibited as unauthorized practice when provided by a non-lawyer.

The Rules apply if the law related services are provided: by a lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients
OR by an entity controlled by the lawyer if he does not take reasonable steps to ensure that the client knows this is not a legal service and the client-lawyer relationship does not exist.

Law related services means services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services and that are not prohibited as unathorized pratice of law when provided by a non-lawyer.

Examples include:
(a) financial planning
(b) accounting
(c) trust services
(d) real estate counseling
(e) tax return preparation

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MRPC 7.1

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Communications Concerning a Lawyer's Services

A lawyer shall not make (or permit) a false, misleading, deceptive or unfair communication about the lawyer or lawyer's services.

A communication violates this rule if it:
(a) Contains a material misrepresentation of fact or law or *omits* a fact necessary to make the statement considered as a whole not materially misleading, or

(b) Creates an unjustified, false or misleading expectation about results the lawyer can achieve, ORstates or implies that the lawyer can achieve results by means that violate these rules or other law; or

(c) states or implies that the lawyer is able to influence improperly or upon irrelevant
grounds any tribunal, legislative body, or public official; or
(d) Compares the lawyer's services with other lawyers' services unless the comparison can be factually substantiated.

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MRPC 7.2

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Adversting:

Lawyer may advertise services through written, recorded, or electronic communication.

Can't give away anything of value for recommending your services but you MAY pay reasonable costs of advertisements or communications permitted by this rule, pay the usually charges of a legal service plan or a not-for-profit or qulaified lawyer referral service.

A qualified lawyer referral service is a lawyer referral service that has been approved by an appropiate regulatory authority, pay for a law practice, and refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohbiited under these rules

agreements to refer ARE OKAY *IF*
the reciprocal referral agreement is not exclusive, AND
the client is informed of the existence and nature of the agreement.

Any communication (ad) shall include the name and office address of a least one lawyer or the law firm responsible

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MRPC 7.3

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Direct Contact with Prospective Clients

(a) A Lawyer *shall not* by in-person live telephone or real-time electronic contact solicit professional employment from a particular prospective client with (if no family, close personal, or prior professional relationship) when a significant motive of the lawyer's doing so is the lawyer's pecuniary gain.

(b) A lawyer *shall not* solicit professional employment from a particular prospective client by written, recorded or electronic communication or by in-person , telephone or real time electronic contact even when not otherwise prohibited by paragraph (a), if:
(1) Prospective client has made known to the lawyer the desire not to be solicited by the lawyer or
(2) The solicitation involves coercion, duress or harassment.

(c) Every written, recorded or electronic communication from a lawyer soliciting
professional employment from a particular prospective client known to be in need of legal
services in a particular matter, with whom the lawyer has no family, close personal, or prior
professional relationship, shall include the words, "solicitation material" on the outside
envelope or at the beginning and ending of any recorded communication.

(d) Notwithstanding the prohibitions of paragraph (a), a lawyer may participate with
a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer which uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

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Rule 7.5

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Firm Names and Letterheads

-L shall not use a firm name, letterhead, or other professional designation that violates 7.1 (aka no misleading or omission of something that makes it misleading).

A trade name may be used by a lawyer in private practice if it does not imply a connection with a gov't agency or with a public or charitable legal services organization.

*If offices in more than one jurisdiction, may use the same name in each, but must state jurisdictional limitations

**Name of lawyer holding public office must not be in the name of a law firm

**Can only state or imply partnership if you are in a partnership