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15 Cards in this Set

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What is Rule 3.5 of the Model Rules of Professional Conduct?
A lawyer cannot attempt to influence a judge, juror, or any other official. Neither can she communicate ex parte with any of these individuals except under circumstances permitted by law. [prohibits lawyer from attempting to bribe or influence persons associated with the case]
What is Rule 3.6 of the Model Rules of Professional Conduct?
A lawyer cannot make out of court statements to the press if it could prejudically affect a pending jury civil case or criminal proceeding that could result in incarceration. [rule attempts to strike a balance between a party's right to a fair trial and the public's right to free dissemination of information]
What is Rule 3.7 of the Model Rules of Professional Conduct?
A lawyer cannot be an advocate in a case in which the lawyer likely will be a witness except (1) when the testimony relates to an uncontested matter; (2) when the testimony concerns the type of value of legal services rendered in a case; or (3) when disqualification of the lawyer would pose a substantial hardship to the client. [when a lawyers combines the roles of advocate and witness - a conflict of interest can arise]
What is Rule 3.8 of the Model Rules of Professional Conduct?
A criminal prosecutor must not file a charge when she knows it is not supported by probable cause and must not do anything else that might unfairly prejudice an accused.
What is Rule 3.9 of the Model Rules of Professional Conduct?
A lawyer appearing before a legislative body or an administrative agency in a nontrial setting must disclose that her appearance is on behalf of a client but need not identify the client if the matter relates to law reform generally.
What is Rule 4.1 of the Model Rules of Professional Conduct
In the course of representing a client, a lawyer cannot make false statements about material facts or law to third persons and cannot withhold a material fact from a third person when disclosure is required to prevent a client from committing fraud or a crime. [the lawyer is not required to inform an opposing party of all facts he knows, however, facts cannot be misrepresented.]
What is Rule 4.2 of the Model Rules of Professional Conduct?
In representing a client, a lawyer cannot communicate with an opposing party directly or indirectly about the pending case when the lawyer knows that party is represented by counsel unless opposing counsel consents.
What is Rule 4.3 of the Model Rules of Professional Conduct?
While representing a client, a lawyer who comes into contact with an unrepresented person cannot do or say anything to lead that person to believe that the lawyer is disinterested. Also if a lawyer knows that an unrepresented person misunderstood the lawyer's role, the lawyer must correct the misunderstanding. [never give advice to a non-represented party except to retain counsel]
What is Rule 4.4 of the Model Rules of Professional Conduct?
While representing a client, a lawyer cannot use tactics that violate the legal rights of third persons or that have no purpose other than to embarrass, harass, or delay.
What is Rule 5.3 of the Model Rules of Professional Conduct?
Lawyers who employ legal assistants and other nonlawyers are required to take reasonable measures to ensure that the legal assistant's conduct is compatible with the lawyer's professional obligations.
What is Rule 5.4 of the Model Rules of Professional Conduct?
With limited exceptions, a lawyer cannot share fees with a nonlawyer and cannot enter a business relationship with a nonlawyer if any activities of the business involve the practice of law. In addition, when a person other than the client pays the lawyer's fee, that person cannot be permitted to interfere with the lawyer's independent judgment in providing legal services to the client.
What is Rule 5.5 of the Model Rules of Professional Conduct?
A lawyer cannot practice law in a jurisdiction where she is not authorized to do so. A lawyer cannot assist a nonlawyer to engage in the unauthorized practice of law in any jurisdiction.
What is Rule 5.6 of the Model Rules of Professional Conduct?
A lawyer cannot make an agreement that attempts to restrict another lawyer's right to practice.
What is Rule 6.1 of the Model Rules of Professional Conduct?
A lawyer should provide pro bono or reduced-fee legal services to people of limited means or to charitable organizations or should provide financial support to organizations that provide legal services for people of limited means.
What is Rule 7.1 of the Model Rules of Professional Conduct?
A lawyer cannot make a false or misleading statement about either the lawyer or the lawyer's services. Statements are prohibited if they contain a material misrepresentation of fact or law, if they are likely to create unjustified expectations about what the lawyer can do, or if they compare a lawyer's services with the services provided by other lawyers unless the comparison can be substantiated.