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50 Cards in this Set
- Front
- Back
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Rule 8.1 (Bar Admission and Disciplinary Matters)
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- applicant for addmission to the bar or lawyer in connection w/ a disciplinary matter, shall not:
1. Knowingly make a false statement of material fact OR 2. Fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter |
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Rule 1.1 (Competence)
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Lawyer shall provide competent representation to a client.
1. Requires: legal knowledge, skill, thoroughness and preperation |
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Factors to determine Competence (according to Rule 1.1)
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1. complexity of matter
2. Lawyers general experience 3. Lawyers experience in the field in question 4. preparation able to give the matter *In an emergency, lawyer may give legal advice in a matter he does not have the required skill if referral would be impractical |
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Rule 8.4 (Misconduct)
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Professional Misconduct for a lawyer to:
1. violate the rules 2. commit a criminal act that reflects adversly on the lawers honesty, trustworthiness or fitness as a lawyer 3. engage in conduct involving dishonesty, fraud, deciet or misrepresentation 4. engage in conduct that is prejudical to the admininstration of justice 5. state or imply an ability to improperly influence a government agency 6. knowingly assist a judge in conduct that violates the rules |
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Illinois Rule 8.4
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Misconduct for a lawyer to:
1.give anything of value to a judge 2. threaten to present criminal charges in a civil case 3. avoid in bad faith the repayment of an education loan 4. violate a statute thta prohibits discrimnation based on race, sex, religion, national origin, diabilitiy, age, sexual orientation |
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Rule 8.3 (Reporting Professional Misconduct)
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a.a lawyer who knows that another lawyer has committed a violation of the rules shall inform the authorities
b. lawyer who knows that a judge has committed a violation of the rules shall inform the authorities c. this rule does not require disclosure of information otherwise protected by 1.6 |
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Rule 5.1 (Responsibilities of a Parter or Supervisory Lawyer)
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a. A partner in a law firm who possess managerial authority in the firm shall make sure all lawyers follow the rules
b. lawyer w/ direct supervisory authority over another lawyer shall make sure he follows the rules c. A lawyer shall be responsible for another lawyers violation of the rules if: 1. the lawyer orders or ratifies the conduct OR 2. the lawyer is a partner or has managerial authority or is a supervisor over the other lawyer and knows of the conduct when it can be avoided but fails to do so |
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Rule 5.2 (Responsibilities of a Subordinate Lawyer)
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With respect to a non lawyer employed by a lawyer:
1. supervising lawyers should make sure they follow the rules. 2. a lawyer shall be responsible for them breaking the rules if: a. the lawyer orders the conduct involved b. the supervisor knows of the conduct and doesn't try to mitigate the consequences |
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Rule 5.4 (Professional Independence) (sharing legal fees)
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a. lawyer shall not share legal fees with a nonlawyer except when:
1. they have an agreement for payment over a reasonable period of time after the lawyers death to the lawyers estate or specified person 2. lawyer who purchases the practice of the deceased may pay the purchase price 3. may include non lawyer e/ees in a compensation or retirement plan 4. may share ct awarded legal fess w/ a non profit organization that employed the lawyer in the matter |
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Rule 5.7 (Responsibilities Regarding Law-Related Services)
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a. lawyer shall be subject to the rules with respect to the provision of law-related services as defined below:
b. if the law-related services are provided: 1. by the lawyer in circumstances that are not distinct fom the lawyer's provision of legal servies to clients; or 2. other circumstances by an entity controlled by the lawyer individually or w/ others if the lawyer fails to take reasonable measures to assure that a person obtaining the law-related services knows that the services are not legal and there is no client-lawyer relationship c. law services: services that might reasonably be preformed in relation to the provision of legal servies and that are not prohibited a unauthorized practice of law when provided by a non lawyer |
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Rule 7.2(b)(4) Advertising
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a. lawyer may advertise services through written, recorded or electronic communication, including public media
b. shall not give anything of value to a person for recommending the lawyer's services except: 1. pay reasonable costs of advertisements 2. pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service 3. pay for a law practice 4. refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohbited by the Rules that provides for the other person to refer clients if a. the reciprocal referral agreement is NOT exclusive AND b. the client in informed of the agreement |
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Rule 7.1 (Communications Concerning a Lawyer's Services)
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a. lawyer shall not make a false or misleading communication about the lawyer or his services. A communication is false/misleading if it contains a material representation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading
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Rule 7.3 (Direct Contact w/ Prospective Clients)
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a. lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when their main motive is pecuniary gain unless the person to be contacted:
1. is a lawyer 2. is a family member, has a close personal, or prior professional relationship w the lawyer b. shall no solicit by written, recorded or electronic communication or by in person, telephone or real time electronic contact even when not otherwise prohibited if: 1. the client has made known to the lawyer that they dont want to be solicited 2. the solicitation involves coercion, duress or harassment c. have to include "advertising material" on the envelope d. lawyer may participate w/ a prepaid or group legal service plan that uses in person or telephone contact to solicit membership |
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Rule 1.6(a-c) (Declining or Terminating Representation) "ways to get out of taking cases"
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a. lawyers have a choice in rejecting clients
b. shall not rep a client or shall w/draw from rep if: 1. rep will result in a violation of the rules or the law 2. lawyers physical or mental condition materially impairs his ability to rep the client OR 3. lawyer is discharged d. lawyer may w/draw if: 1. can be accomplished w/o material adverse effect on the interests of the client 2. client does something criminal or fraudulent 3. client uses lawyers services to commit a crime 4. client does something lawyer considers repugnant or has a fundamental disagreement about 5. clint fails to fulfill an obligation to the lawyer regarding his services and has been given warning 6. rep will result in unreasonable financial burden on lawyer 7. other good cause e. lawyer must give notice/ask for permission |
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1.2(b) (Scope of Representation)
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a. lawyers rep of a client does not constitute an endorsement of the client's political, economic, social or moral views or activities
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6.1 (Voluntary Pro-Bono Public Service Rule)
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a. duty to help indignant people (IL does not adopt this duty)
b. not mandatory c. Aspire to render at least 50 hours per year |
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1.18 (Duties to Prospective Clients)
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a. person who discusses possibility of forming client-lawyer relationship about a matter = prospective client
b. even if no relationship, lawyer who talks with prospective client shall not use or reveal info learned in consultation c. Cant rep a client if after talking to prospective client he reveals info that is materially adverse to the interests of the client in the same or substantially the same matter d. when lawyer gets disqualifying info he can still rep if: 1. both consent, OR 2. lawyer took reasonable measures to avoid exposure to more disqualifying info AND 3. lawyer is timely screened and gets no part of fee AND 4. notice given to client |
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1.2(a)(c) Scope of Rep
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a. client has right to determine objectives
b. lawyer has right to determine means to obtain objectives c. Lawyer must act reasonably when determining whether or not to include the client d. clients decision to settle or plead guilty |
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1.4 (Communication)
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a. have to promptly communicate status of case/decisions etc
b. w/holding info justified if client will act rash c. |
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2.1 (Advisor)
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shall exercise independent professional judgement
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4.1 (Truthfulness in Statements to Others)
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Lawyer shall not knowingly
1. make a false statement of material fact or law to a 3rd person 2. fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless prohibited by 1.6 |
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3.1 (Meritorious Claims and Contentions)
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a. lawyer shall not bring or defend a proceeding unless theres a basis in law and fact
1. crim D lawyer may defend by requiring all elements to be met |
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2.3 (Evaluation for use by Third Persons)
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a. lawyer may provide evaluation of a matter effecting his client for a 3rd person if he reasonably believes making the eval is compatible with other aspects of the lawyers relationship w the client
b. If lawyer knows or should know it will materially and adversely effect client then she shall not provide the eval unless the client consents |
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4.2 (Communication w Person Represented by Counsel)
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lawyer shall not communicate about subject of rep with a person the lawyer knows is rep'ed by another lawyer unless he has consent from the other lawyer
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4.3 (Dealing w/ Unrep'ed Person)
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When dealing on behalf of client w/ someone who does not have a lawyer, lawyer shall not imply that he is disinterested. If lawyer knows person misunderstands the lawyers role in the matter he should correct the misunderstanding. Shall not give him legal advice except to get a lawyer
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4.4 (Respect for Rights of Third Persons)
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a. lawyer shall not use means that have no purpose other than to embarrass, delay, or burden a 3rd person, or use methods of obtaining evidence that violate the legal rights of that person
b. lawyer who receives document relating to the rep of the lawyers client and knows that the doc was unintentionally sent shall notify the sender |
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1.6 (Confidentiality of Info)
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a. Lawyer shall not reveal info relating to rep of client UNLESS client gives informed consent, disclosure is impliedly authorized in order to carry out the rep OR disclosure is permitted by para (b):
b. may reveal info lawyer believes is necessary to: 1. prevent death or GBH 2. Prevent client from committing crime 3. prevent, mitigate or rectify substantial injury to property or financial interests of another 4. to secure legal advice about lawyer's compliance w/ rules 5. establish claim/defense for lawyer in controversy btwn lawyer and client or to respond to any allegations of the lawyer 6. respond to any other law or ct order |
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Privilege
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1. Whats covered: info from communications, observations, work product
2. When/Where: given in secret/confidence during rep for purpose of seeking legal advice (given by client) 3. Who: by client or prospective client; if given by someone else than not protected 4. Effect: procedural, right of client, bar admission of evidence into trial 5. Exceptions: no right to prevent disclosure if: crime/fraud, waived, and sometimes accidental disclosure |
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Confidentiality
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1. What: information relating to the rep (other than info generally known) in any possible vague way, observations
2. When/Where: Doesnt have to be secret, any circumstance, any time 3. Who: from any source 4. Effect: Duty of the attorney to keep the info secret forever 5. Exceptions: no duty to keep secret if; can tell people on the team, to prevent death or GBH, prevent economic harm, commit a crime, can be waived |
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1.13 (Organization as a Client)
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a. lawyer employed by organization reps the org acting thru its duly authorized constituents
b. if lawyer for an org knows that an officer,e/ee etc associated w the org acts in a manner that is a violation of a legal obligation to the org, or a violation of law that can be imputed onto the org and can cause substantial injury to the org, lawyer shall proceed in best interest of org, ie. refer matter to higher authority c.if higher authority does nothing AND lawyer believes it will result in injury to org he shall reveal info to prevent injury (1.6 not an issue) d. lawyer can rep other e/ee's of the org (subject to 1.7) and consent is given by someone else in the org 1. not barred from accepting rep adverse to an affiliate in an unrelated matter UNLESS affiliate is considered a client of the lawyer |
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3.4 (Fairness to Opposing Party Counsel)
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lawyer shall not:
a. unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a doc or other potential evidence b. falsify evidence, counsel a witness to testify falsely c. knowingly disobey an obligation under the rules d. in pretrial: make a frivolous discovery request or fail to make a reasonably diligent effort to comply w a request by opposing party e. in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts f. request a person other than a client to refrain from voluntarily giving relevant info to another party UNLESS 1. the person is a relative or e/ee of client |
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1.5(c)(Fees)
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a. fee may be contingent on an outcome. Must be in writing, signed by client, state method that fee is determined including percent and what expenses will be deducted from recovery. Must say what expenses are to be paid whether win or lose.
b. subject to reasonableness standard c. law can impose limitations or require lawyer to offer an alternative basis for fee |
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1.8(i) CoI: Current Clients
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a. lawyer shall not aquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client except that the lawyer may:
1. aquire a lien to secure lawyers fees and 2. contract w a client for reasonable contingent fee in civil case |
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1.5(d) (Fees)
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a. No contingent fees for a domestic relations matter contingent upon a divorce etc
b. no contingent fee for reping a D in a crim case |
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1.15(c) Safekeeping of Property
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lawyer shall deposit legal fees and expenses that have been paid in advance into a client trust account --> to be w/drawn by lawyer only as fees are earned/expenses incurred
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1.5(e)
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a. division of fees btwn lawyers not in same firm permitted only if
1. division is in proportion to the services performed by each lawyer OR each lawyer assumes joint responsibility for the rep 2. client agrees to arrangement AND 3. total fee is reasonable |
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5.1(a),(c)(2)
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a. partner in law firm make efforts to make sure all lawyers in firm conform to rules
c. lawyer shall be responsible for another lawyers violation of rules if: 2. lawyer is partner or has managerial authority and knows of conduct at time when it can be avoided but does nothing d. req'd to intervene to prevent consequences of misconduct if he knows it occurred |
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1.7 (CoI: Current Client)
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a. lawyer shall not rep a client if the rep involves a concurrent CoI. Concurrent CoI exists if:
1. rep of one client will be directly adverse to another; OR 2. significant risk that rep of one or more clients will be materially limited by lawyers responsibilites to another client, former client, 3rd person or personal interest of lawyer b. lawyer CAN rep client if: 1. lawyer reasonably believes he will be able to provide cometent and diligent rep to each client 2. rep not prohibited by law 3. rep does not involved claim by one client against another client rep'ed by that lawyer in the same litigation AND 4. each client consents c. Concurrent CoIs can arise from lawyers responsibilites to another client, 3rd person or his own interests d. whether lawyer may continue to rep cleints is determined by his ability to comply w duties owed to former client and ability to rep remaining clients e. prohibited from engaging in sexual relationships unless relationship happened b4 formation of client-attorney relationship f informed consent: each affected client be aware of relevant circumstances and of material and reasonably foreseeable way the conflict could have adverse effects on their interests 1. consent is revokable |
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2.1 (Advisor)
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b. lawyer not expected to give advise until asked by client BUT when a lawyer knows that a client might do something illegal the lawyers duty to the client under 1.4 may require that he offer advice
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1.8 (a),(i): COI: Current Clients
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a. lawyer shall not enter into a business transaction w client UNLESS
1.terms are fair and reasonable to client and fully disclosed in writing 2. client advised in writing and gien reasonabl opportunity to seek advice of different lawyer 3. client gives consent |
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1.8(b) COI: CUrrent Clients
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b. lawyer shall not use info relating to rep of a client to the disadvantage of the client UNLESS he gives consent
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1.8(e) COI: Current Clients
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e. lawyer shall not provide financial assistance to cleint in connection w pending litigation except
1. may advnace ct costs and expenses of lit (contingent fee) AND 2. lawyer rep'ing and indignent client may pay ct costs and expenses of lit on behalf of client |
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1.15 safekeeping of property
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a. lawyer shall hold property of clients or 3rd persons that is in a lawyer's possession in connection w a rep seperate from lawyers own property (no commingling)
b. can deposit own funds in client trust account to pay back service charges on that account c. law shall deposit into client trust account legal fess and expenses paid in advance to be w/drawn when expenses occur |
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5.4
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cant let the one paying dictate the lawyers behavior
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1.8(f) CoI
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f. lawyer shall not accept compensation for rep'ing a client from one other than the client UNLESS
1. consent 2. no interference w lawyers independence of professional judgment or w client-lawyer relationship AND 3. info relating to the rep of a client is protected as required by 1.6 |
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5.4(c) Professional Independence of a LAwyer
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lawyer shall not permita person who pays the lawyer for another to regulate the lawyers professional judgement in rendering such services
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1.9(a),(c) Duties to Former Clients
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a. cant rep a client in a matter thats the same or substantially related to that of a former clients and has interests materially adverse to the interests of the former client UNLESS they consent
c. lawyer who formerly rep'ed a client in a matter whose present or former firm has formerly rep'ed a client in a matter shall not 1. use info relating to that rep to disadvantage the former client 2. reveal info relating to that rep d. matters are substantially related if they involved the same transaction or legal dispute or if there otherwise is substantial risk that confidential info as would normally have been obtained in the prior rep would materially advance the clients position in the subseqent matter e. for organizations: general knowledge of polices and practices not enuf to disqualify |
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3.3(a)(2)(c): CAndor toward the tribunal
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lawyer shall not knowingly fail to disclose to the tribunal legal authority known to the lawyer to be directly adverse to the position of the client and not dislosed by opposing councel
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1.2(d) Scope of Rep
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Lawyer shall not counsel a client to engage in criminal conduct but may discuss the legal consequences
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3.3(a)3(b) Candor Toward Tribual
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Lawyer shall not knowingly offer evidence that the lawyer knows to be flase
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