Aba Model Rules Of Professional Responsibility

Front 1

Under Rule 1.1, what does "competent representation" require?

Back 1

Competent representation requires legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Front 2

What factors should be considered when determining whether a lawyer has the requisite skill and knowledge to handle a particular matter?

Back 2

-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 to the matter
-and whether it is feasible to refer the matter to, or consult or associate with, a lawyer of established competence in the field.

Front 3

A lawyer may charge a contingent fee in any type of matter except...

Back 3

Representing a defendant in a criminal case, and domestic relations matters (divorce, alimony, etc.)

Front 4

When may lawyers who are not in the same firm divide a client's fee?

Back 4

When:
1) The division is in proportion to the services rendered by each lawyer and each lawyer assumes joint responsibility for the representation,
2) the client agrees to the arrangement, including the share each lawyer will receive, and puts his/her agreement in writing,
3) and the total fee is reasonable.

Front 5

When may a lawyer reveal information relating to the representation of a client? (Rule 1.6)

Back 5

To the extent the lawyer believes necessary, the lawyer may reveal information:
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 interests 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 the 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 court order.

Front 6

When does a concurrent conflict of interest exist? (Rule 1.7)

Back 6

Where the representation of one client will be directly adverse to another client, OR
Where there is significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, a third person or by personal interest of the lawyer.

Front 7

When may a lawyer represent a client despite a concurrent conflict of interest? (Rule 1.7)

Back 7

When (all must be satisfied):
1) the lawyer reasonably believes that s/he will be able to provide competent and diligent representation to each affected client;
2) the representation is not prohibited by law;
3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; AND
4) each affected client gives informed consent in writing.

Front 8

When may a lawyer have sexual relations with a client? (Rule 1.8)

Back 8

Only when a consensual sexual relationship existed between the lawyer and client before the representation began

Front 9

When may a lawyer deposit his own money into a client fund? (Rule 1.15)

Back 9

Only when the deposit is necessary to pay bank service charges, and only in the amount necessary to do so

Front 10

When may a lawyer represent a client in a matter that is the same or substantially related to a matter with a former client, where the former client's interests are materially adverse to the current client's interests?

Back 10

ONLY when the former client has given informed consent in writing.

Front 11

When may a lawyer use information regarding the representation of a former client use that information to the disadvantage of the former client?

Back 11

ONLY where the Rules require or permit release of the information, or when the information has become generally known.

Front 12

When a lawyer believes that his/her client has diminished capacity, is at substantial risk of physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, what may s/he do?

Back 12

The lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client, or seeking the appointment of a guardian ad litum, conservator, or guardian.

Front 13

When a lawyer seeks protection for a client with dimished capacity (such as a guardian ad litum), can the lawyer reveal confidential information about that client?

Back 13

Yes. Under Rule 1.6(a), the lawyer is impliedly authorized to reveal information about the client, but only to the extent necessary to protect the client's interests.

Front 14

When MUST a lawyer decline or withdraw representation of a client?

Back 14

When:
1) Representation would result in a violation of the rules of professional conduct or other law
2) the lawyer's physical or mental condition materally impairs the lawyer's ability to represent the client
3) the lawyer is discharged.