Model Rules Of Professional Conduct

Front 1

What encompasses a lawyer's fiduciary relationship with a client?

Back 1

The FOUR C's:
Conflicts
Competency
Communication - to your client
Confidentiality

Front 2

Rule 1.1 - Competence

Back 2

L must provide competent representation to client (legal knowledge, skill, thoroughness and preparation)

Judged by experience, training, preparation - some fields will require expertise

Front 3

Rule 1.3 - Diligence

Back 3

L must act w/ reasonable diligence and promptness in representing a client

Front 4

Rule 1.4 - Communication

Back 4

L shall (1) inform, (2) reasonably consult re: objectives, (3) comply w/ reasonable requests from C, (4) consult re: limitations of L and the C's expectations, (5) education C so they can make an informed decision

Front 5

Rule 1.6 - Confidentiality

Back 5

Cannot reveal info given by C unless given INFORMED CONSENT or it falls under an EXCEPTION (see next card)

Front 6

EXCEPTIONS TO 1.6

Back 6

A lawyer MAY reveal info regarded as reasonably necessary to:
(1) prevent reasonably certain death or substantial bodily harm;
(2) prevent C from committing a crime or fraud that is reasonably certain to damage financial or property interests of another (FUTURE);
(3)prevent, mitigate or rectify injury to another's F or P interests reasonably certain to result from the C's crime or fraud (PAST);
(4) secure legal advice about L's compliance w/ rules;
(5) to defend against or establish a claim between a L and C; and
(6) comply w/ other law or court order

Front 7

Rule 1.13 - Organization as Client

Back 7

L hired by an org. reps the org.

If he knows of a law violation that will harm the org. the L must proceed in the best interests of the org. If this is not cured - he may reveal under Rule 1.6

Front 8

Rule 1.2 - Scope of Representation and Allocation of Authority Between Client and Lawyer

Back 8

L must abide by C's decisions concerning objectives of representation;

He may take impliedly authorized action for the C;

L's representation is not an endorsement of C's views or activities; L may limit scope of representation - so long as it is reasonable and C gives INFORMED CONSENT;

L cannot counsel C to engage in criminal conduct

Front 9

Rule 1.14 - Client w/ Diminished Capacity - duties to

Back 9

L must attempt to maintain normal C-L relationship with the C;

If L feels C is at risk of SUBSTANTIAL physical, financial or other harm unless action is taken and cannot adequately act in his own interests, L may take REASONABLY protective actions (GAL, guardian, conservator, etc.)

Front 10

Rule 1.16 - (part 1) - Declining Representation

Back 10

Decline or immediate withdrawal of L when:
(1) it will violate the RPC or other law;
(2) the L's physical or mental condition materially impairs ability to represent C; or
(3) L is discharged.

Front 11

Rule 1.16 - (part 2) - Terminating Representation

Back 11

Withdrawal if:
(1) it can be done w/out materially adverse effects on the C;
(2) When C wants to pursue something L has said is criminal/fraudulent;
(3) C has used L's services to perp a crime/fraud;
(4) C takes action that L finds repugnant or fundamentally disagrees w/;
(5) C has not fulfilled obligation put upon him by L;
(6) representation will result in an unreasonable financial burden; or
(7) other good cause for w/drawal exists

PROPER NOTICE OF W/DRAWAL MUST BE GIVEN TO COURTS AND CLIENT

Front 12

Rule 3.3 - Candor Toward the Tribunal

Back 12

L shall not knowingly:
(1) make a false stmt of fact or law to a tribunal or fail to make a correction;
(2) offer E known to be false - if C or anyone offers E in trial that L knows to be false, he must take REASONABLE REMEDIAL MEASURES - including disclosure to the court.

Front 13

Rule 4.2 - Communication w/ Person Represented by Counsel

Back 13

L will not communicate w/ a party the L knows to be represented by another L in the matter - unless L has consent of the L, or is authorized by court or law

Front 14

Rule 4.4 - Respect for Rights of Third Persons

Back 14

(1) L shall not embarrass, delay, or burden a third person in representing C.
(2) L who receives a doc meant for someone else shall immediately notify the sender.

Front 15

Rule 1.5 - (part 1) FEES - Reasonableness

Back 15

Reasonableness of Fees:
(1) time/labor, novelty/difficulty, and skill involved;
(2) likelihood that taking this case would keep L from taking any other case;
(3) feel customarily charged in locality for similar services;
(4) amount involved and results obtained;
(5) time limitations imposed by C or circumstances;
(6) nature and length of prof. relationship w/ C;
(7) Experience, reputation and ability of the L; and
(8) Whether the fee is fixed or contingent.

Front 16

Rule 1.5 - (part two) FEES - Scope of Representation

Back 16

Scope of representation and basis of fees shall be communicated to the C through WRITING preferably w/in a reasonable time after commencing representation

Front 17

Rule 1.5 - (part three) FEES - Contingency

Back 17

Fee may be contingent except when prohibited by law. Must be in writing singen by client and must have EVERYTHING about it calculated.

Cannot be done for FAMILY LAW or CRIMINAL DEFENSE case.

Front 18

Rule 6.1 - Voluntary Pro Bono Service

Back 18

L has a PR to provide representation to those unable to pay. L should give a SUBSTANTIAL MAJORITY of 50 hrs/year to persons of (1) limited means; or (2) a charity addressing needs of people w/ limited means.

L should also provide financial support of people w/ limited means.

Front 19

Rule 6.2 - Accepting Appointments

Back 19

If appointed by a court, a L must represent a person UNLESS:
(1)rep would violate RPC;
(2)rep would be an unreasonable financial burden on L; or
(3)case is so repugnant to L that it would impair the L/C relationship

Front 20

Rule 7.1 - Communications Concerning a L's Services

Back 20

L shall not make false or misleading communication about the L or the L's services - material misrep of fact or law, or omitting a necessary fact to make the statement misleading

Front 21

Rule 7.2 - Advertising

Back 21

A L may advertise through writing, recorded, or electronic communication

Front 22

Rule 7.3 - Direct Contact w/ Prospective Clients

Back 22

A L will NOT solicit professional employment from a prospective C when the motive is for PECUNIARY GAIN.

If written - it must say ADVERTISING MATERIAL on the outside of envelope and on letter

Front 23

Rule 7.4 - Communication of Fields of Practice and Specialization

Back 23

L may communicate he does not practice a particular area of law and may not state certification in a field unless he is so certified

Front 24

Rule 7.5 - Firm Names and Letterhead

Back 24

Name of a L holding public office will not be used on letterhead when he is not a regular/active participant in the firm.

Front 25

Rule 3.1 - Meritorious Claims and Contentions

Back 25

A L shall not assert or defend an issue unless there is a basis in law or fact to do so that is not frivolous

A L for a criminal D may assert that every E of a case must be established.

Front 26

Rule 3.4 - Fairness to Opposing Party and Counsel

Back 26

A L shall not:
(1) unlawfully obstruct, alter, destroy or conceal something having potential E value.
(2) falsify E;
(3) Knowingly disobey obligation under the rules;
(4) make frivolous discovery requests;
(5) allude to matters not relevant;
(6) request a third party not give relevant information to opposing party

Front 27

Rule 4.1 - Truthfulness in Statements to Others

Back 27

In representing another, a L shall not:
(1)make a false statement of material fact or law to a third per

Front 28

Rule 4.3 - Dealing with Unrepresented Persons

Back 28

A L shall not state/imply that the L is a disinterested party and the L must correct any misunderstandings the unrep party may have. The L shall not give legal advice other than to secure counsel

Front 29

Rule 1.7 - Conflict of Interest - Current Clients

Back 29

A L cannot represent P1 if it presents a concurrent conflict with his current client P2.

If there is a CC, a L may represent P1 if (1) L reasonably believes he will be able to provide competent rep. (2) it is not illegal; (3) the parties are not adverse to each other; (4) all affected parties consent

Front 30

Rule 1.8 - Conflict of Interest - Current Clients - SPECIFIC RULES

Back 30

An L cannot use info from C to disadvantage C unless IC is given; cannot solicit a substantial gift from C; L cannot provide financial costs - except an advance of court costs, etc.; no sex with C!

Front 31

Rule 1.10 - Imputation of C of I - General Rule

Back 31

When L is w/ a firm, he shall not knowingly represent a C when any of them practicing alone wouldn't be able to. When L leaves, the firm may represent a C that is materially adverse to L's C, so long as the firm retains no info about the C.

Front 32

Rule 3.7 - Lawyer as Witness

Back 32

L shall not represent at a trial where he is likely to be a witness unless the testimony is on an uncontested issue or T relates to legal services/billing; or disqual. would be a sub. hardship on C.

Front 33

Rule 1.9 - Duties to Former Clients

Back 33

L cannot rep a person whose case is materially adverse to a former C's (or the firm's former C), unless the former C has given IC in writing. L cannot use info to disadvantage former C.