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214 Cards in this Set
- Front
- Back
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5.5
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Multi-Jurisdiction practice only with law licenses in all jurisdictions
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8.1
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Respond to Disciplinary Matters
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8.2
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No false statements about judges and legal officers
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8.3
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Report another's misconduct when fitness is a substantial question
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8.4
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Misconduct is violating rules, dishonesty, crime, and conduct is prejudicial to the Administration of Justice
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8.5
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Discipline can be by multiple jurisdictions
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RULE 5.5
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SUBJECT:
Unauthorized Practice of Law MJP may also be UPL SAYS: No UPL or assisting UPL - Practice is office, presence, or advertising EXCEPTIONS: A PAIR of safe harbors: - Associate, Pro Hac Vice, ADR, in house, or related |
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RULE 8.1
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SUBJECT: communicating with the bar
SAYS: Must tell truth, disclose facts, and respond |
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RULE 8.2
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SUBJECT: Statements about judges, legal officers and candidates and obligations of candidates
SAYS: no false or reckless statements about integrity or qualifications - judicial candidates shall follow canons. |
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RULE 8.3
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SUBJECT: reporting
SAYS: report ethics violators when substantial question of fitness EXCEPTIONS: lawyer assistance program (LAP) |
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RULE 8.4
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SUBJECT: Catch-all
SAYS: Misconduct Is: 1. Rule Breaking 2. Assisting Rule Breaking 3. Inducing Rule Breaking 4. Dishonesty, fraud, crime 5. Prejudicial to the administration of justice 6. Influence claim |
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RULE 8.5
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SUBJECT: Who can sanction you?
SAYS: Both states. |
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1.18
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Decline representation if a conflict exists unless there is consent.
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1.1
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provide competent representation
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1.3
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act with diligence and promptness
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3.1
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make meritorious claims only
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6.1
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Do pro bono service
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6.2
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Accept appointments.
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1.16
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Withdraw if discharged, crime or fraud, if repugnant or not paid
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RULE 1.18
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SUBJECT: disqualifying information
SAYS: - don't misuse prospective client information (don't use or reveal) - don't take another with materially adverse interests - all lawyers in firm are disqualified (imputed disq) EXCEPTIONS: - chinese wall - everyone consents in writing |
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RULE 1.1
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SUBJECT: competence
SAYS: be competent - choose cases carefully - prepare for novel fields - avoid highly specialized practice areas - refer - co-counsel - qualify- through continuing legal education, advance degrees, and conferences and seminars |
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RULE 1.3
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SUBJECT: diligence
SAYS: be diligent (timely, prompt, persevering) - control work load (comment 2) - don't procrastinate (comment 3) |
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RULE 6.1
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SUBJECT: pro bono service
SAYS: aspire to atleast 50 hours per year at no fee - aspire to help others at reduced fee EXCEPTIONS might also serve charitable organizations might also serve to improve the profession |
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RULE 6.2
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SUBJECT: appointments
SAYS: accept them EXCEPTIONS: will violate a rule will unreasonably burden finances will be so repugnant as to impair |
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RULE 3.1
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SUBJECT: frivolous claims
SAYS: make meritorious claims only EXCEPTIONS: can make prosecution prove case |
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RULE 1.16
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SUBJECT: withdrawal
SAYS: - must withdraw if discharged, impaired, rule violation (crime, fraud) - may withdraw if repugnant, non- cooperation, not paid EXCEPTION: - court will not permit withdrawal |
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7.1
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No false or misleading advertising, don't make unsubstantiated comparisons, or create unjustified expectations, don't pay others for referrals, don't solicit in person
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7.2
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don't pay others for referrals
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7.3
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don't solicit in person
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7.4
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don't claim to be certified unless disclosing approving body
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7.5
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no misleading trade names
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7.6
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don't pay to play
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RULE 7.1
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SUBJECT: misleading advertising
SAYS: - No false or misleading advertising (ex. "Member of U.S. Supreme Court bar). - no creating unjustified expectations - no making unsubstantiated comparisons |
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RULE 7.4
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SUBJECT: advertising fields and specialties
SAYS: - may advertise fields and "specializes" - may not advertise "certified" specialist" EXCEPTIONS: - Patent/trademark and admiralty specialties - ABA- or state certified & organization disclosed |
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RULE 7.5
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SUBJECT: firm name and letterhead
SAYS: - no implying government or charitable connection - show jurisdictional limits - no public officeholder names - no falsely implying partnership |
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RULE 7.3
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SUBJECT; solicitation
SAYS: do not solicit by live contact - in person - by telephone - through real time electronic chat EXCEPTIONS: - lawyers - family members - pro bono service - pre paid or group legal service plans |
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RULE 7.2
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SUBJECT: referrals and recommendations
SAYS: no paying for them EXEPTIONS: - can pay to advertise (need name and address on ad). - can pay a qualified referral service or legal service plan - can pay for a law practice - can non-exclusively reciprocally refer, inform client |
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RULE 7.6
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SUBJECT: political contributions for business from judges
SAYS: No paying to play |
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ADVERTISING VIOLATIONS
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Charitable Names- 7.5, 7.1
Unjustified Expectations- 7.1 Unsubstantiated comparisons- 7.1 Certified Specialization- 7.4 No lawyer name and address- 7.2 |
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1.5
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charge a reasonable fee, establish fees promptly, preferably in writing.
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1.8(e)
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No loans to clients, only advances of litigation expenses
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1.15
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Maintain a trust account/ no commingling, safe-keep client property.
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ABA Formal Opinion 93-379
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- No double billing, no surcharges on disbursements
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RULE 1.5
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SUBJECT: Fees
SAYS: - be reasonable (time, labor, skill, risk, reputation, market, demand). - communicate early, best in writing - contingency fees where allowed, explain in writing - Divide fees only by work or when responsible. |
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RULE 1.8(e)
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SUBJECT: financial assistance to client
SAYS: Cannot provide in connection with litigation EXCEPTION: court costs and litigation expenses |
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Rule 1.6(b)(3)
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permits you to reveal client confidences and secrets necessary to establish or collect a fee
(an exception to the duty of confidentiality). |
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RULE 1.15
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SUBJECT: client property
SAYS: safekeep, separate, notify, turnover, and account (SANTA). - know "IOLTA" Exceptions: - bank charges - advanced fees, earned on receipt - disputes |
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1.1
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Represent clients competently
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1.2
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May reasonably limit scope of representation, client has authority, may not assist client crime or fraud
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1.3
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be diligent and prompt
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1.4
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communicate with client
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1.8(h)
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no limiting liability for malpractice
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5.3
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supervise nonlawyer assistants.
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5.4
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remain independent of nonlawyers
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5.5
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don't share fees with nonlawyers except in a retirement plan
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PREAMBLE NOTE 7
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SUBJECT: Sources of Professional responsibilities
SAYS: SOURCES INCLUDE: - substantive and procedural law - Personal conscience - Approbation of peers Strive to exemplify ideals of service and attain highest skills |
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RULE 1.1
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SUBJECT; competence
SAYS: be competent - choose cases carefully - prepare for novel fields - avoid highly specialized practice areas - refer - co counsel - qualify through continuing legal eduation, advanced degrees, and conferences and seminars |
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RULE 1.2
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SUBJECT: scope and authority
SAYS: - may limit scope, must not counsel crime or fraud - client decides objectives and settleemtn - in criminal cases, jury, testimony, and plea EXCEPTIONS: Scope Limitations must be reasonable Lawyer has implied authority on strategy - but consult with client |
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RULE 1.3
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SUBJECT: diligence
SAYS: be diligent, (timely, prompt, persevering). - control work load (see comment 2) - dont' procrastinate (see comment 3) |
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RULE 1.4
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SUBJECT: communicating with clients
SAYS: - Inform promptly of settlement or plea offers, client decides. - Consult about means (tactics and strategies). - Inform about status (copy on communications - Answer information requests (return calls) - Tell clients when you cannot help - let the rules be your ally |
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RULE 5.3
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SUBJECT: non-lawyer assistants
SAYS: supervise them and systematize - you are responsible for their conduct if you: 1. order it (tell them to do it) 2. Ratify it (let them do it and then approve it). 3. know about it and then fail to take remedial action |
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RULE 5.4
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SUBJECT: independence
SAYS: remain independent (avoid influence). - don't share fees with nonlawyers - don't partner with nonlawyers for legal services - don't let third party fees influence your advice - don't have nonlawyer owners, officers, or managers EXCEPTIONS: May pay estate of deceased lawyer May have a profit sharing or retirement plan May share with referring non-profits |
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RULE 5.5
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SUBJECT: UPL
SAYS: practice law only with a license - don't practice law, have a law office, or advertise legal services, or help another to do so, without a law license EXCEPTIONS: APAIR (associate, pro hac vice, ADR, in house, reasonably related). |
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1.8(b)
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No using client information against client.
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1.9(b)
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No representing adversary of former firm's client using client's information.
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1.9(c)
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no using former client's information against former client
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1.18(b)
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no using information against former prospective client
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1.6
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Keep client confidences except with consent or with exceptions
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1.2(d)
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may not assist client crime or fraud
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3.3
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no false evidence or arguments to tribunal
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3.4(a)
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do not obstruct or conceal evidence
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4.1
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no false statements or misleading omissions to third persons
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RULE 1.8(b)
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SUBJECT: using client information
SAYS: do not use it against the client EXCEPTIONS: - prove fees - defend malpractice - comply with court order |
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RULE 1.9(b)
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SUBJECT: conflicts
SAYS: do not represent someone whose interests are adverse to your former firm's client about whom you have confidential material information EXCEPTION: informed consent in writing |
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RULE 1.9(c)
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SUBJECT: former client's information
SAYS: - no using former client's or former firm's client's information against that former client EXCEPTIONS: Can use if generally known or as permitted/required by rules - can reveal as permitted or required by rules |
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RULE 1.18(B)
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SUBJECT: prospective clients' information
SAYS: - no using prospective client's information against that prospective client EXCEPTIONS: - can use if generally known or as permitted/ required by rules - can reveal as permitted or required by Rules |
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RULE 1.6
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SUBJECT: confidentiality
SAYS: don't reveal client information EXCEPTIONS - expressly or impliedly authorized - prevent substantial harm or death - prevent client crime or fraud using lawyer services - rectify client crime or fraud using lawyer services - hotline, malpractice defense, court order |
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RULE 1.2(d)
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SUBJECT: advice to client about criminal conduct
SAYS: do not counsel or assist client in criminal/fraudulent conduct EXCEPTIONS: may discuss legal consequences and interpret law in good faith |
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RULE 3.3
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SUBJECT: Candor toward court (more than truthful)
SAYS: be frank with courts- do not: 1. make or fail to correct false statements 2. fail to disclose adverse authority 3. offer false evidence 4. fail to take remedial measures re false evidence AND fraudulent conduct 5. fail to disclose all facts when ex parte EXCEPTION: You learn of it after conclusion |
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RULE 3.4(a)
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SUBJECT: access to evidence
SAYS: don't obstruct, alter, conceal or counsel or assist to do same |
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RULE 4.1
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SUBJECT: what you tell non party non-clients
SAYS: tell them the truth EXCEPTION: no affirmative duty to volunteer information (only a "negative" duty to correct misinformation) except to avoid assisting fraud or crime and except when appearing ex parte |
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1.6
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don't reveal client information
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3.3
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no false evidence or arguments to tribunal
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ABA Formal Opinion 93-376-
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fraud in discovery is fraud on the court
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4.1
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No false statements or misleading omissions to third persons.
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8.4(c)
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No dishonesty, fraud, deceit or misrepresentation
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RULE 1.6
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SUBJECT: confidentiality
SAYS: don't reveal client information EXCEPTIONS: expressly or impliedly authorized prevent substantial harm or death prevent client crime or fraud using lawyer servises rectify client crime or fraud using lawyer services hotline, malpractice defense, court order |
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RULE 3.3
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SUBJECT; candor (truth telling, forthrightness)
SAYS: shall be forthright with tribunals - facts (statements and omissions) - Law (statements and omissions) - Take remedial measures over false evidence EXCEPTIONS: - learn of falsity after proceeding - Option where uncertain, but reasonably believe, evidence is false. |
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ABA FORMAL Opinion 93-376
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SUBJECT: discovery responses
SAYS: fraud in discovery is fraud on the court; correct erroneous (fraudulent) discovery responses - counsel client to correct them - Consider withdrawal and disavowal - Notify opposing counsel and court |
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RULE 4.1
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SUBJECT: what you tell non-clients
SAYS: tell them the truth Exception: no affirmative duty to volunteer information (only a "negative" duty to correct misinformation) except to avoid assisting fraud or crime and except when appearing ex parte Rationale: reliane on adversary system to find truth (rule 3.4 Comment 1). |
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RULE 8.4(c)
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SUBJECT: fraud and deceit
SAYS: do not get involved in it - it's professional misconduct for you to do so. |
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3.1
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make meritorious claims only
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3.2
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expedite litigation
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3.3
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disclose authority which is controlling and directly adverse
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3.3
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correct false statements to tribunal until conclusion of proceeding
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3.3
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in ex parte proceedings disclose all material facts
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3.4
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1. be fair to opposing counsel
2. no coaching witnesses to testify falsely 3. no obstructing access to evidence or telling witnesses not to speak 4. no making frivolous discovery requests or responses 5. no personal opinions or improper appeals at trial |
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3.5
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no influencing/ ex parte contact with judge/ juror during proceeding
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3.6
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no publicity prejudicing trial. Except: status, apprehend, mitigate.
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3.7
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no testifying while advocating.
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3.8
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prosecute only with cause, and disclose exculpatory evidence
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3.9
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advocate in non-adjudicatory proceedings fairly
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4.1(a)
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no false statements of material fact in negotiation.
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4.2
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no communication with represented person unless lawyer consents
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4.3
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no misleading unrepresented persons about role as counsel
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4.4
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no embarrassing or violating rights of third persons
notify sender of an inadvertently sent document |
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Canon 3(b)(5)
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no ex parte communications
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Canon 3(b)(9)
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No public comment
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Canon 4(D)(5)
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Don't accept gifts
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RULE 3.1
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SUBJECT: claims
SAYS: make only good claims EXCEPTIONS: - arguable extension or reversal of law - can make prosecutor prove all elements |
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RULE 3.2
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SUBJECT: delay
SAYS: don't delay |
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RULE 3.3
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SUBJECT: candor toward tribunal
SAYS: don't lie, hide the law, or falsify evidence ALSO SAYS: remediate client frauds ALSO SAYS: disclose all facts when ex parte EXCEPTIONS: proceeding has concluded |
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RULE 3.4
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SUBJECT: fairness to the other side
SAYS: fight fair - no obstructing - no frivolous discovery - no tainting the jury - no obstructing investigations EXCEPTIONS: relatives and employees- may refrain from speaking to the other side. |
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RULE 3.7
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SUBJECT: lawyer witnesses
SAYS: can't be lawyer and witness at the same time EXCEPTIONS: - uncontested issues - proving fees - disqualification would work substantial hardship - rule of iimputed disqualification is suspended except per 1.7 and 1.9 |
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RULE 3.9
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SUBJECT: lawyer in the legislature or agency
SAYS: disclose advocate role and be fair |
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RULE 4.2
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SUBJECT: communication with represented persons
SAYS: Don't EXCEPTIONS: after represented person's lawyer consents - or a law or court order authorizes it. |
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RULE 4.3
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SUBJECT: unrepresented persons
SAYS: don't imply disinterest to unreprsented persons when representing client; - correct misunderstandings - Don't give legal advice to unrepresented person if conflict with current client |
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RULE 4.4
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SUBJECT: third persons (unrepresented)
SAYS: no harassing or denying rights - notify sender if you receive document by mistake |
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CANON 4(d)(5)
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SUBJECT: gifts
SAYS: don't accept them EXCEPTIONS: - public testimonials, books, and bar functions - gifts to spouses - social hospitality - modest relative or friend gift on special occassion - gifts from the disqualified |
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RULE 3.5
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SUBJECT: impartial court
SAYS: don't bribe or influence - no ex parte contact - no talking to jurors before discharge EXCEPTION: can talk to jury after discharge unless judge orders or juror refuses, or purpose is to harass |
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CANON 3(b)(7)
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SUBJECT; ex parte communications
SAYS: don't make them EXCEPTIONS: scheduling & disinterested experts |
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RULE 3.6
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SUBJECT: Trial Publicity
SAYS: if you are involved, don't seek it - defined as substantial likelihood of material prejudice EXCEPTIONS: can tell basic claim, charge, defense, schedule - can counteract substantial undue prejudicial effect |
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CANON 3(B)(9)
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SUBJECT: public comments
SAYS: don't make them EXCEPTIONS: explaining court procedures |
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RULE 3.8
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SUBJECT: Prosecutors
SAYS: have a duty to the public and accused - file only credible charges- probable cause - tell accused to get a lawyer - no taking unrepresented defendant's rights - disclose exonerating and mitigating evidence regarding charge and sentence - do not subpoena defense lawyers - do not stir up the public against the accused |
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1.8(j)
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No sexual relations with a client
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3.4
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No personal opinions or improper appeals at trial
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3.5
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No harassing jurors
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4.4
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No embarrassing or violating rights of third persons
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8.4(d)
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No conduct prejudicial to the administration of justice.
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8.4(b)
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no crime reflecting on honesty or fitness
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6.5(a)
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treat people with respect
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8.4(c)
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no conduct prejudicial to the administration of justice
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CANON 2C
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judges can't belong to organizations that discriminate
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CANON 3(B)(5)
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judges must perform duties without bias or prejudice
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CANON 3(B)(6)
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Judges must no allow bias or prejudice by lawyers or staff
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CANON 2C
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SUBJECT: memberships
SAYS: Can't be a member of a discriminatory organization |
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CANON 3(b)(5)
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Subject: bias and prejudice
SAYS: no bias or prejudice by jduges in performance of duties - duty to prevent bias by those under judicial control |
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CANON 3(b)(6)
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SUBJECT: laywer bias and prejudice
SAYS: No bias or prejudice by lawyers allowed in court EXCEPTION: legitimate advocacy when "factors" are issues. |
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1.2
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client decides objectives and makes key decisions
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1.7
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no representing clients with concurrent conflicts of interest
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1.8(a)
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no business transactions with client w/o counsel and consent
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1.8(b)
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no using client information against client
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1.8(c)
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no substantial gifts from clients.
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1.8(d)
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no interest in media rights during representation
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1.8(e)
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no loans to clients, only advances of litigation expenses
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1.8(f)
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no third party compensation without client consent
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1.8(g)
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no aggregate settlements without consent
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1.8(h)
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no limiting liability for malpractice
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1.8(i)
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no proprietary interests in subject matter of the litigation
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1.8(j)
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no sexual relations with a client
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1.8(k)
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imputation for rule 1.8 (a-i)
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1.10
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imputation for conflicts in rules 1.7 and 19. If one lawyer is disqualified, others in the firm are also. Also see chapter 12 for in depth treatment.
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1.13
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lawyer represents the organization that hires the lawyer
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1.14
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protect a client whose diminished capacity causes substantial harm.
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1.18
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must avoid using prospective client info to their disadvantage; and imputation rule where there is disqualifying information and "affected client"
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2.1
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give independent and candid advice
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3.7
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no testifying while advocating
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5.4(c)
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remain independent of nonlawyers, don't share fees with nonlawyers, except in a retirement plan, don't let fee payer interfere
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RULE 1.2
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SUBJECT: Who decided
Says: Client decides objectives whether to settle, and In criminal case, whether to plead guilty, waive jury trial, and testify |
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RULE 1.14
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SUBJECT: mentally disturbed clients
SAYS: try to maintain normal relationship EXCEPTION: if risk of substantial client harm, then may consult others and seek guardian, but keep confidences as able. |
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RULE 2.1
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SUBJECT: independence from influence
SAYS: use independent professional judgment |
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RULE 3.7
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SUBJECT: lawyer witnesses
SAYS: can't be a lawyer and witness at the same time EXCEPTIONS: - uncontested issues - proving fees - disqualification would work substantial hardship |
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RULE 1.8
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SUBJECT: specific lawyer/client coflicts
SAYS: - no business transaction /w client without WIC. - No using client information against the client - No soliciting or drafting wills for gifts - no literary rights until after representation - no loans to litigants |
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RULE 1.7
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SUBJECT: concurrent conflicts
SAYS: do not represent two clients at once, when the representation of one is directly adverse to the interest of the other, or represent a client when you have an adverse interest EXCEPTIONS: written informed consent and reasonable belief it can be done fairly (but never in the same litigation.). |
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RULE 1.18
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SUBJECT: disqualifying information
SAYS: - don't misuse prospective client information - don't use or reveal don't take another client with materially adverse interests - all lawyers in firm are disqualified (imputed disqualification). Exceptions: - reasonable measures to limit information, Chinese Wall and notice. - everyone consents in writing |
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RULE 1.13
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SUBJECT: organization clients
SAYS: the lawyer represents the organization, not the employees of the organization, so refer employee misconduct to higher organization authority. EXCEPTION: dual representation where no conflict exists and organization approves |
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1.7
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conflict between current clients: no representign clients with concurrent conflicts of interest
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1.8
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conflict between current clients
1.8b no using client information to client's disadvantage 1.8g no aggregate settlements among clients without informed consent 1.8i No acquiring interest in client's cause of action |
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1.9(a)
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no representing former client's adversary in same or similar matter
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1.9(b)
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no representing adversary of former firm's client using client's information
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1.9(c)
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no using former client's information against former client
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1.10(a)
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if one lawyer is disqualified, others in the same firm are also.
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1.10(b)
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Former firm not disqualified in matters against former lawyer's clients
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1.11
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Former govt. lawyer may not use govt info against third person
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1.12
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conflict for adjudicative officers- former judge may not act as lawyer in former judge's case
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1.18
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Can't use confidential information from prospective clients
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1.18
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can't represent affected clients using confidential info from prospective clients
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6.3
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can't participate in decision on legal services board incompatible with own clients
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1.7
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addresses individual lawyer's personal disqualification involving current and prospective clients
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1.9
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addresses individual lawyer's personal disqualification involving former clients
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1.10
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addresses imputed disqualification of affiliated lawyers by virtue of relationsip with personally disqualified lawyer in rules 1.7 and 1.9
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1.8(k)
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addresses imputed disqualification of affiliated lawyers by virtue of relationship with personally disqualified lawyer in rule 1.8 (a-i)
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1.18(c)
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addresses individual lawyer's disqualification from representign affected clientsR
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1.18(d)
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addresses affiliated lawyers' imputed disqualification from representing affected clients
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1.9(a)
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lawyer in the same firm- can't switch sides in same case or where matter are substantially related (without consent)
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1.9(b)
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lawyer leaves firm, can't switch sides on old firm's client if he had information protected by rule 1.6 or 1.9(c) (without consent).
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1.10(a)
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personally disqualified lawyer in teh same firm with affiliated lawyers - imputes conflicts under 1.7 and 1.9
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RULE 1.7 as to conflicts between clients
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SUBJECT: concurrent conflicts of interest
SAYS: do not represent two clients at once, when representation of one is directly adverse to the interests of the other or materially limited by rsponsibilities to another client EXCEPTIONS: written informed consent and reasonable belief it can be done fairly (but never in the same litigation). |
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RULE 1.18
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SUBJECT: prospective client information (disqualifying information).
SAYS: do not use or reveal prospective client information, or represent adverse parties when the information would be harmful to prospective client EXCEPTION: others in the firm can represent affected client if the lawyer with the information is screened, reasonable measures were teaken to limit information and everyone consents. |
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RULE 1.8 (b)(g)(i)
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SUBJECT: conflict between lawyer and client
SAYS: - no using client information against the client - no aggregate settlements without written consent - no acquiring a proprietary interest in the subject matter of the litigation |
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RULE 1.9
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SUBJECT: former clients
SAYS: - no opposing former clients in related matter - no opposing former firm's clients in rlated matter if acquired confidential information - no using former clients' or former firm's client's information against that former client EXCEPTION: written informed consent of former client |
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RULE 6.3
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SUBJECT: legal services organization members
SAYS: lawyer may serve organization which is serving adversary of lawyer's client EXCEPTION: lawyer helps organization decide adverstly to organization's client |
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RULE 1.10
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SUBJECT: imputed disqualification
SAYS: one lawyer's disqualification disqualifies all in that lawyer's firm EXCEPTIONS: - personal interest of the lawyer - written informed waiver and fairness - lawyer left firm, left no information, and different matter |
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RULE 1.18
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SUBJECT: prospective client information
SAYS: do not use or reveal prospective client information, or represent adverse parties when the information would be harmful EXCEPTION: others in the firm can represent adverse parties if the lawyer with the information is screened. |
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RULE 1.11
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SUBJECT: government officers
SAYS: No using information gained from government service against government agency or person - No representign private client in matter where you served as a government officer, & vice versa. EXCEPTIONS: - with informed consent of gov. agency - screening of lawyer by firm representing client. |
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RULE 1.12
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SUBJECT: former adjudicative officer
SAYS: - no acting as lawyer in matter where was judge - no seeking job from party or firm appearing before judge EXCEPTIONS: with informed consent of client - screeningn by firm of former judge now lawyer |
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1.0(c)
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Firm or law firm encompasses many groups of lawyers
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1.17
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may sell law firm if retiring and clients are notified
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2.3
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Evaluate client matter for third party only with client consent
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2.4
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serve as third party neutral only when not representing parties
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5.1
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managing lawyers shall manage prudently
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5.2
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subordinate lawyer being supervised - subordinate lawyers are judged on their own (not the boss's) ethics
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5.3
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supervising subbordinate non lawyers- supervise non lawyer assistants
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5.4
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professional independence, remain independent of nonlawyers
don't share fees with nonlawyers except in a retirment plan |
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5.6
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not restricting practice- no signing lawyer non competes in employment contracts
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aba formal opinion 99-414
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how to leave a law firm
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5.7
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law related services: keep law related services compliant with ethics rules
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RULE 5.1
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SUBJECT: lawyers supervising lawyers
SAYS: lawyer managers must have measurs in effect to ensure subordinate lawyers conform to the rules - Supervising lawyers are responsible when they order, ratify, or with knowledge fail to avoid, mitigate, and remediate |
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RULE 5.2
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subject: subordinate lawyer's responsibilities
says: subordinate lawyers must follow the rules, not unethical orders EXCEPTIONS: orders arguably within rules |
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RULE 5.3
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SUBJET: lawyers supervising nonlawyers
SAYS: - lawyers must have measures in effect to ensure non lawyer assistant conduct is compatible with lawyer professional obligations - lawyers are responsible for nonlawyer assistants wrongs if ordered, ratified, or with knowledge failed to avoid, mitigate, and remediate |
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RULE 1.17
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SUBJECT: selling a law practice
SAYS: may if: 1. seller stops doing what was sold 2. Entire practice or area is sold 3. Clients are told 4. sale does not increase fees |
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RULE 5.6
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SUBJECT: restricting practice
SAYS: don't EXCEPTIONS: retirement benefits |
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RULE 2.3
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SUBJECT: evaluations (opinion letters)
SAYS: may evaluate a client's matter for a third person ALSO SAYS: maintain confidentiality EXCEPTION: evaluation is incompatible with lawyer's role evaluation will hurt client |
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RULE 2.4
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SUBJECT: ADR
SAYS: lawyers may be third party neutrals (mediators, arbitrators, facilitators). - tell unrepresented parties they are unrepresented - tell unrepresented parties what it means to be a third party neutral |
