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27 Cards in this Set

  • Front
  • Back
Competence
Rule 1.1

(what competence means and how it's gained --> ALE)
Scope of Represenation
Rule 1.2

What kinds of decisions client makes vs. attorney makes
Diligence
Rule 1.3
Communication
Rule 1.4

Atty must consult about means of accomplishing objectives, keep client informed
Fees
Rule 1.5

Must be reasonable, factors for reasonableness, contingency fee limitations
Confidentiality
Rule 1.6

Protects info related to representation, 7 exceptions (permissive)
Organizational Clients
Rule 1.13

Org. is client
Reporting Up
Rule 1.13(b)

Mandatory
Reporting Out
Rule 1.13(c)

Permissive
Clients with Diminished Capacity
Rule 1.14

maintain as norm relationship as possible, involve client
seek protective action if necessary
Declining or Terminating Representation
Rule 1.16

Must when violates law, rules, incapacitated or fired
Duties to Prospective Clients
Rule 1.18

1.6 applies
Conflict of Interest: Current Clients
Rule 1.7

Can't rep unless informed consent given by both
Business Transactions with Clients
Rule 1.8(a)

Not ok unless (1) reasonable terms (2) advised to get own counsel (3) informed consent given
Malpractice Waivers
Rule 1.8(h)

Can't waive malpractice unless independently rep.
Duties to Former Clients
Rule 1.9
Imputation of Conflicts (Generally)
1.10
Evaluations as Third Parties
Rule 2.3
Candor to the Tribunal
Rule 3.3 (trumps 1.6)

Can't make false statement of law or fact, can't present evidence you know if false, fail to disclose adverse controlling authority
Fairness to Opposing Party
Rule 3.4

Can't obstruct evidence unlawfully, alter/destroy/conceal evidence, falsify evidence, disobey a tribunal obligation, frivolous discovery requests, etc.
Impartiality of Tribunal
Rule 3.5
Trial Publicity (Extrajudicial Statements)
Rule 3.6
Prosecutor's Special Responsibilities
Rule 3.8
Supervising Lawyers (in Law Firms)
Rule 5.1 and 5.3
Subordinate Lawyers (in law firms)
Rule 5.2
Lawyer Advertising
Rule 7.2

Must be true and not misleading. Also governs firm names
Professional Misconduct
Rule 8.4

Misconduct to
- Violate or attempt to violate the rules (or counsel someone to)
- Commit crime that reflects on lawyer's honesty, trustworthiness, or fitness to practice law
- Conduct involving deceit, fraud, or misrepresentation
- Conduct prejudicial to administration of justice