Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
72 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Title 1.0: "Belief"
|
"Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances.
|
|
|
|
RPC 1.0: "Confirmed in Writing"
|
"Confirmed in writing," when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.
|
|
|
|
RPC 1.0: "Firm"
|
"Firm" or "law firm" denotes a lawyer or lawyers in a law
partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization. |
|
|
|
RPC 1.0: "Fraud" or "Fraudulent"
|
"Fraud" or "fraudulent" denotes conduct that has a purpose to deceive and is fraudulent under the substantive or procedural law of the applicable jurisdiction, except that it is not necessary that anyone has suffered damages or relied on the misrepresentation or failure to inform.
|
|
|
|
RPC 1.0: "Informed Consent"
|
"Informed consent" denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
|
|
|
|
RPC 1.0: "Knowingly"
|
"Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.
|
|
|
|
RPC 1.0: "Partner"
|
"Partner" denotes a member of a partnership a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law.
|
|
|
|
RPC 1.0: "Reasonable" or "Reasonably"
|
"Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.
|
|
|
|
RPC 1.0: "Reasonable belief"
|
"Reasonable belief" or "reasonably believes" when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.
|
|
|
|
RPC 1.0: "Reasonably should know"
|
"Reasonably should know" when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.
|
|
|
|
RPC 1.0: "Screened"
|
"Screened" denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyers is obligated to protect under these Rules or other law.
|
|
|
|
RPC 1.0: "Substantial"
|
reference to degree or extent denotes a material matter of clear and weighty importance.
|
|
|
|
RPC 1.0: "Tribunal"
|
court, an arbitrator in a binding arbitration proceeding or legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party's interests in a particular matter.
|
|
|
|
RPC 1.0: "Writing"
|
tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording and e-mail. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.
|
|
|
|
RPC 1.1: Competence
|
A lawyer shall provide competent representation to a client. It requires legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
|
|
|
|
RPC 1.2: Scope of Representation and Allocation of Authority b/w Client and Lawyer
|
(a) A lawyer shall abide by a CL’s decision concerning objectives of representation, including settlement. Lawyers are entitled to make tactical decisions after either consultation w/CL or by taking action as impliedly authorized to carry out representation. CL = ends; Lawyer = means.
(CL decides entering a plea, waiving jury trial, and whether CL will testify after consulting w/lawyer in criminal cases.) (b) Lawyer’s representation ≠ endorsement of client’s views. (c) A lawyer may reasonably limit scope of representation if client gives informed consent. (must accord with RPC 1.1, 1.8, and 5.6) (d) A lawyer shall not counsel client to engage, or assist a client, in crime or fraud, but can counsel on potential legal consequences of actions and may counsel or assist CL to make a good faith effort to determine the validity, scope, meaning or application of the law. |
|
|
|
RPC 1.3: Diligence
|
A lawyer shall act with reasonable diligence and promptness in representing a client.
|
|
|
|
RPC 1.4: Communication
|
(a) A lawyer shall:
1) Promptly inform CL of any decision of circumstance requiring CL’s informed consent; 2) Reasonably consult with CL about means by which CL’s objectives, RPC 1.2 implicated, are to be accomplished; 3) Keep the CL reasonably informed about status of matter; 4) Promptly comply w/reasonable requests for info; and 5) Consult with CL about any relevant limitation on the lawyer’s conduct when lawyer knows that CL expects assistance not permitted by RPC or other law. (b) The lawyer shall explain a matter to the extent reasonably necessary to allow CL to make an informed decision. |
|
|
|
RPC 1.5: Fees
|
A lawyer shall not make an agreement for, charge, or collect unreasonable fees or expenses.
|
|
|
|
Fees: Reasonableness Factors
|
Reasonableness Factors:
1. Time and labor req’d, the novelty and difficulty of the questions involved, & the skill req’d to perform the legal service; 2. The likelihood that acceptance of the particular employment will preclude other employment by the lawyer; 3. Fee customarily charged in locality for similar services; 4. Amount involved and the results obtained; 5. Time limitations imposed by the CL; 6. Nature and length of the professional relationship w/CL; 7. Experience and reputation of lawyer; 8. Whether fee is contingent or fixed; and 9. The terms of the fee agreement, including whether the fee agreement or confirming writing demonstrates that the CL had rec’d a reasonable and fair disclosure of material elements of the fee agreement and of the lawyer’s billing practices. |
|
|
|
Fees: Contingent Fees
|
Contingent Fee Agreement must:
1. Be in writing and signed by CL, 2. State the percentage method upon which the fee is determined and clearly notify CL of any expenses for which CL will be responsible for. 3. Not allowed in criminal or dissolution matters, BUT are allowed in post-dissolution matters, i.e. collecting unpaid child support or maintenance. 4. Conclusion of matter: Lawyer provides written statement re. outcome, remittance, and method of determination of recovery. |
|
|
|
Fees: Calculating attorney's fees
|
•Bowers vs. Transamerica Title Ins. Co., 100 Wn.2d 581, 675 P.2d 193 (1983) (Generally, the calculation of attorney fees is determined using the lodestar method. A court arrives at the lodestar award by multiplying a reasonable hourly rate by the number of hours reasonably expended on the matter. The lodestar amount may be adjusted to account for subjective factors such as the level of skill required by the litigation, the amount of potential recovery, time limitations imposed by the litigation, the attorney's reputation, and the undesirability of the case.)
|
|
|
|
Fees: Retainers
|
Fees and expenses paid in advance of performance of services shall comply with RPC 1.15A, except with the following:
• Retainers: A retainer is a fee that a CL pays to a lawyer to be available during a specified period of time or on a specified matter, in addition to and apart from any compensation for legal services performed. Retainers are the lawyer’s property upon receipt and don’t go into the trust account. |
|
|
|
Fees: Flat Fees
|
Fees and expenses paid in advance of performance of services shall comply with RPC 1.15A, except with the following:
• Flat Fees: A flat fee is a charge by the lawyer which constitutes complete payment for specified legal services. It is paid in whole or in part in advance of the lawyer providing the services. If a dispute arises concerning a flat fee, the lawyer shall take reasonable and prompt action to resolve the dispute. FFs must be reasonable. |
|
|
|
Fee Splitting
|
Fee Splitting:
1. Not allowed if with nonlawyer. 2. Allowed with lawyers outside firm if fee is split in proportion to work performed or each lawyer assumes joint responsibility. CL must give informed, written consent to what each lawyer is getting, and the total fee must be reasonable. |
|
|
|
Basis or Rate of the Fee
|
The lawyer must communicate to the CL the basis or rate of the fee anytime requested to do so by the CL or when they are changed. When the lawyer has regularly represented a CL, they ordinarily will have evolved an understanding concerning the basis or rate of the fee.
|
|
|
|
Fee Agreement
|
Fee Agreement: May be oral, but it’s always wise to have the agreement in writing before commencing representation.
1. Written fee agreement requires: 1) Scope of services to be provided, 2) Total amount of the fee and terms of payment, 3) Fee is the lawyer’s property and will not be placed in the trust account, 4) Fee agreement doesn’t alter the ability of CL to terminate lawyer’s services, and 5) CL may be entitled to a refund if a portion of the services haven’t been performed. |
|
|
|
RPC 1.6: Confidentiality of Information
|
A lawyer shall not reveal information relating to the representation unless the CL gives informed consent, the disclosure is impliedly authorized, or the disclosure is permitted below.
|
|
|
|
RPC 1.6: Confidentiality of Information
|
Death or Substantial Bodily Harm: A lawyer shall reveal (ABA: may) info relating to the representation to prevent certain death or substantial bodily harm.
|
|
|
|
RPC 1.6: Confidentiality of Information
|
Future Crime: A lawyer may reveal info relating to the representation to prevent the CL from committing a crime. (broader than Model Rule)
|
|
|
|
RPC 1.6: Confidentiality of Information
|
Preventing, Mitigating, & Rectifying Crime/Fraud when Lawyer’s Services Were Used: A lawyer may reveal info relating to the representation to prevent, mitigate, or rectify substantial injury to the financial or property interests of another that is reasonably certain to result or has resulted from the CL's commission of a crime or fraud where the CL has used the lawyer's services.
*CL's past crime is usually protected under confidentiality rule |
.
|
|
|
RPC 1.6: Confidentiality of Information
|
Legal Advice: A lawyer may reveal info relating to representation to secure legal advice about the lawyer's compliance with the RPCs.
|
|
|
|
RPC 1.6: Confidentiality of Information
|
Protect the Lawyer: A lawyer may reveal info relating to the representation to establish a claim or defense in a controversy b/w the lawyer and the CL, to defend against a civil or criminal claim against the lawyer based upon conduct in which the CL was involved, or to respond to proceedings concerning the representation.
• Lawyer’s right to respond arises when an assertion of such complicity has been made. Lawyer doesn’t have to await commencement of an action or proceeding that charges. |
|
|
|
RPC 1.6: Confidentiality of Information
|
Court Order: A lawyer may reveal info relating to the representation to comply with a court order. (Absent CL’s informed consent to do otherwise, the lawyer should assert on behalf of CL all nonfrivolous claims that the info sought is protected against disclosure by the AC privilege or other applicable law.)
. |
|
|
|
RPC 1.6: Confidentiality of Information
|
Court Fiduciary: A lawyer may reveal info relating to the representation to inform a tribunal about any CL's breach of fiduciary responsibility when the CL is serving as a court appointed fiduciary such as a guardian, personal rep, or receiver.
|
|
|
|
RPC 1.6: Confidentiality of Information
|
Implied Authority: A lawyer has implied authority to disclose confidential info to carry out the representation in a firm or beyond, unless the CL has given instructions to the contrary.
|
|
|
|
RPC 1.7: COI - Current Clients
|
A lawyer shall not represent a CL if the representation involves a COI. A COI exists if:
1) The representation would be directly adverse to another CL. 2) There is a significant risk the representation of a CL will be materially limited by the lawyer’s responsibilities to another CL, former CL, 3rd person, or by a personal interest of the lawyer. A lawyer may represent someone despite a COI if: 1) The lawyer reasonably believes they will be able to provide competent and diligent representation to each affected CL; 2) Representation is not prohibited by law; 3) The 2 parties represented are not opposing each other; and 4) Each CL gives informed, written consent. |
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Business Transaction |
Atty shall not enter into business transaction w/CL or knowingly acquire ownership or interest adverse to a CL UNLESS:
1. Terms are fair and reasonable and in writing; 2. CL advised in writing to seek independent counsel; 3. Given reasonable time to do so; 4. And the CL gives informed written consent. |
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Information gained through representation |
A lawyer shall not use information relating to representation of CL to the disadvantage of the CL UNLESS CL gives informed consent.
|
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Gifts |
A lawyer shall not solicit a substantial gift from a CL (incl. putting self in will), or prepare an instrument giving the lawyer one unless the lawyer is related (close, familial relationship) to the donor. Have another atty write up.
WA disapproves of lawyer drafting an instrument where lawyer is named a trustee or PR where there is possibility of substantial fees from serving in that position. |
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Media Rights |
Prior to conclusion of representation, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.
|
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Financial Assistance |
A lawyer shall not advance or guarantee money to the CL, except costs of litigation may be advanced, the repayment of which can’t be contingent on the outcome except for class actions. Except for class actions or indigent CLs, the CL is responsible for payment of costs.
|
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Payment from 3rd Person |
A lawyer shall not accept compensation from a 3rd party unless 1) the CL gives informed consent, 2) the lawyer’s independent judgment is not compromised, and 3) info relating to the representation is protected. (info also protected under 1.6)
|
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Aggregate Settlements and Pleas |
A lawyer who represents 2+ CLs shall not participate in making an aggregate settlement of the claims or aggregate agreement as to guilt or innocence, unless each CL gives informed, written consent. To be “informed,” it must be disclosed what each CL is getting.
|
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Limiting Civil Liability |
A lawyer shall not prospectively limit her malpractice liability unless the CL is independently represented in making the agreement.
|
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Settling a Claim |
A lawyer shall not settle a claim or potential claim for malpractice with an unrepresented or former CL unless that person is advised in writing to seek independent counsel and is given reasonable opportunity to do so.
|
|
|
|
RPC 1.8: COI - Specific Rules (Imputed to Firm)
Proprietary Interests |
A lawyer shall not acquire a proprietary interest in a matter in which the lawyer is involved, but may: 1) acquire a lien to secure the lawyer’s fee or expenses, and 2) contract with a CL for a reasonable contingent fee in a civil case.
|
|
|
|
RPC 1.8: COI - Specific Rules (not imputed)
Sexual Relations |
A lawyer shall not have sexual relations with a current CL unless a consensual sexual relationship existed before the atty-CL relationship commenced. The lawyer shall not have sexual relations w/a representative of a CL if the relationship would, or could, prejudice the representation.
|
|
|
|
RPC 1.8: COI - Specific Rules (not imputed)
Related Lawyers |
A lawyer shall not represent a CL in a matter directly adverse to a CL represented by a related lawyer, unless the CL gives written, informed consent & the representation is not a concurrent COI.
|
|
|
|
RPC 1.9: Former Client
|
(a) A lawyer shall not represent another person in the same or substantially related matter that is materially adverse to the former CL unless the former CL gives informed, written consent.
(b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer was formerly associated had represented a CL 1) Whose interests are materially adverse to that person; and 2) Lawyer has RPC 1.6 and 1.9(c) info that is material to the matter; unless the former CL gives informed, written consent. (Comments: applies only where lawyer has actual knowledge of info protected by RPCs listed but application still depends on a situation’s particular facts, aided by inferences, deductions or working presumptions that reasonably may be made about the way in which lawyers work together) (c) A lawyer or whose present or former firm shall not: 1) Use info relating to the representation to the disadvantage of the former CL except as these Rules allow or require, or when the information has become generally known; or 2) Reveal info relating the representation except as these Rules allow or require with respect to a CL. |
|
|
|
RPC 1.10(a): Imputation of COI - General Rule
Conflict Imputed to All Lawyers in Firm |
If any lawyer in firm is DQ'ed, firm is DQ'ed, UNLESS it is based upon a personal interest and doesn’t present a significant risk of materially limiting the representation of the CL by the rest of the firm.
|
|
|
|
RPC 1.10(b): Imputation of COI - General Rule
Terminating with Firm |
A firm is generally allowed to represent CLs adverse to former CLs who left with the departing lawyer BUT is NOT permitted to represent a CL with interests materially adverse to former CL, if it is the same or substantially related matter and a lawyer remains who has confidential info.
|
|
|
|
RPC 1.10(c): Imputation of COI - General Rule
|
DQ here may be waived by affected CL under RPC 1.7.
|
|
|
|
|
|
|
|
|
RPC 1.10(e): Imputation of COI - General Rule
Joining a Firm |
When a lawyer joins a firm, no other lawyers shall knowingly represent a person in a matter in which the lawyer is DQ’ed relating to former CLs, unless:
• Personally DQ’ed lawyer is screened and gets no $, • Notice of conflict and screening mechanism given to former CL, • The firm able to show that no material info relayed to firm before screening procedures implemented. |
|
|
|
RPC 1.10(e): Imputation of COI - General Rule
Joining a Firm (cont'd) |
*Firm can submit Affidavit to rebut presumption that info spread to firm.
Presumption that confidential info under RPC 1.6 and 1.9© has been or will be transmitted may be rebutted if the personally DQ’ed lawyer serves on his former law firm and former CL an affidavit attesting that the lawyer: i. won’t participate in the matter and won’t discuss the matter or the representation with any other lawyer or e’ee of his current law firm, ii. that during the period of the lawyer’s personal DQ those lawyers or e’ees who do participate in the matter will be apprised that the lawyer is screened from participating in or discussing the matter, iii. and the affidavit describes screening procedures. |
|
|
|
RPC 1.13: Organization as Client
*Check ABA |
Up and Out Rule
(a) A lawyer represents the organization acting through its duly authorized constituents. (b) Taking a Matter Up the Ladder: If the lawyer knows that an officer or e’ee is engaged in action that violates a legal duty or the law and may substantially injure the org, the lawyer shall proceed in the best interest of the org and may refer the matter to a higher authority in the org. (c) If Higher Authority Doesn’t Appropriately Act: If after taking the matter up the ladder, the problem is not corrected, and the lawyer reasonably believes that it is reasonably certain to result in substantial injury to org, the lawyer may reveal confidential info only if and to the extent the law reasonably believes necessary to prevent substantial injury to the org. (d) Paragraph © shall not apply w/respect to information relating to a lawyer’s representation of an organization to investigate an alleged violation of law, or to defend the org or an officer, e’ee or other constituent associated with the org against a claim arising out of an alleged violation of law. (e) If the Lawyer is Fired for the Actions Above: If the lawyer is fired for the actions above, he shall proceed as he believes necessary to assure that the org’s highest authority is informed of the lawyer’s discharge or withdrawal. (f) An atty must explain to the e’ee or other constituent that he represents the corp not the e’ee. (g) Representing a Constituent: A lawyer representing the organization can represent the constituents as long as there is not a COI under 1.7. Consent shall be given by an appropriate official of the org if req’d who is not an affected constituent. |
|
|
|
RPC 1.16: Declining or Terminating Representation
|
(a) Mandatory withdrawal (VID):
• Violation of RPCs, • Impaired condition, or • Discharge. (b) Permissive: (CURBO) • CL pursues criminal act • Uses L to commit crime, • Repugnant, • burden on L, or • Other good cause. (c) A lawyer must put tribunal on notice for withdrawal, unless ordered to continue by tribunal. (d) Upon termination, a lawyer shall take reasonably practicable steps to protect a CL’s interests and may retain papers relating to the CL to the extent permitted by other law. |
|
|
|
RPC 1.18: Duties to Prospective Client
|
(a) Prospective client = a person who discusses w/a lawyer the possibility of forming an AC relationship w/respect to a matter
(b) A lawyer shall not use or reveal info learned in consultation, except as RPC 1.9 allows. (c) A lawyer shall not represent CL w/interests materially adverse to those of a prospective CL in the same or substantially related matter IF the lawyer rec’d info from the prospective CL that will DQ lawyer and firm (i.e. significantly harmful), UNLESS (d) Both the affected and prospective CL have given WIC, OR The lawyer took reasonable measures to avoid exposure to more DQ’ing info; AND o The DQ’ed lawyer is timely screened and gets no money; AND o Written notice is promptly given to the prospective CL. (e) Moreover, a lawyer may condition conversations w/prospective CL on his informed consent that no info disclosed during the consultation will prohibit the lawyer from representing a different CL in the matter. |
|
|
|
RPC 2.1: Advisor
|
In representing a CL, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the CL’s situation.
|
|
|
|
RPC 3.1: Meritorious Claims and Contentions
|
A lawyer shall not assert or bring frivolous claim unless there is basis in law and fact, which includes a good faith argument for an extension, modification or reversal of existing law.
|
|
|
|
RPC 3.3: Candor toward the Tribunal
|
(a) A lawyer shall not knowingly:
• Make or fail to correct a false statement of fact/law to a tribunal; • Fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by the CL unless prohibited by RPC 1.6; • Fail to disclose to the tribunal legal authority in the controlling jurisdiction directly adverse to CL's position and not disclosed by opposing counsel; or • Offer evidence that the lawyer knows to be false. (b) Duties continue to the conclusion of proceeding. (c) If the lawyer has offered material evidence and comes to know of its falsity, the lawyer shall promptly disclose this fact to the tribunal unless such disclosure is prohibited by RPC 1.6. (d) If disclosure of paragraph (c) above is prohibited by RPC 1.6, the lawyer shall promptly make reasonable efforts to convince the CL to consent to disclosure. If the CL refuses to consent to disclosure, the lawyer may seek to withdraw from the representation in accordance with RPC 1.16. (e) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false. (f) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse. |
|
|
|
RPC 3.4: Fairness to Opposing Counsel
|
A lawyer shall not:
(a) Unlawfully obstruct access to evidence, alter, destroy, or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; (b) Falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law; (c) Knowingly disobey an obligation under the rules of tribunal except for an open refusal based on an assertion that no valid obligation exists; (d) In pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party; or (e) In trial, allude to any matter that the lawyer doesn’t reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused. |
|
|
|
RPC 3.5: Impartiality and Decorum of the Tribunal
|
A lawyer shall not:
(a) Seek to influence a judge, juror, prospective juror or other official by means prohibited by law; (b) Communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order; (c) Communicate with a juror or prospective juror after discharge of the jury if: • The communication is prohibited by law or court order; • The juror has made known to the lawyer a desire not to communicate; or • The communication involves misrepresentation, coercion, duress, or harassment; or (d) Engage in conduct intended to disrupt a tribunal. |
|
|
|
RPC 3.7: Lawyer as Witness
|
(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless:
1) The testimony relates to an uncontested issue; 2) The testimony relates to the nature and value of legal services rendered in the case; 3) DQ of the lawyer would work substantial hardship on the CL; or 4) The lawyer has been called by the opposing party and the court rules that the lawyer may continue to act as an advocate; or (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer’s firm is likely to be called as a witness unless precluded from doing so by RPC 1.7 or RPC 1.9 (impermissible conflict w/a current or former CL). |
|
|
|
RPC 4.1: Truthfulness in Statements to Others
|
In the course of representation, a lawyer shall not knowingly 1) make a false statement of material fact or law to a 3rd person, or 2) fail to disclose a material fact to a 3rd person when disclosure is necessary to avoid assisting a criminal or fraudulent act by CL, unless disclosure is prohibited by RPC 1.6.
|
|
|
|
RPC 4.2: Communications with Person Represented by Counsel
|
A lawyer shall not communicate with a represented person without consent by other lawyer or is authorized to do so by law or court order.
|
|
|
|
RPC 4.3: Dealing with Unrepresented Person
|
A lawyer can’t pretend that they are a disinterested party when communicating with a party not represented by counsel.
-The lawyer shall make reasonable efforts to correct the misunderstanding if the lawyer knows or reasonably should know that the unrepresented person misunderstands. -The lawyer shall not give legal advice, other than to secure counsel, if lawyer knows or reasonably should know that the interests of such person are or have a reasonably possibility may be COI of CL. |
|
|
|
RPC 4.4: Respect for Rights of Third Person
|
-A lawyer shall not use means that have no purpose other than to embarrass, delay, or burden 3rd person, or use methods of obtaining evidence that violate the legal rights of such person.
-If lawyer gets document relating to representation of atty’s CL and reasonably should know it wasn’t meant to be sent, promptly notify sender. |
|
|
|
RPC 5.6: Restrictions on Right to Practice
|
-A lawyer shall not participate in offering or making an agreement with an individual that restricts their right to practice law after the relationship with that individual ends, except an agreement concerning benefits upon retirement.
-Additionally, an atty may not agree to restrict their right to practice as part of a settlement in a CL controversy. |
|
|
|
RPC 8.3: Reporting Professional Misconduct
ABA rules state that a lawyer SHALL report misconduct. |
A lawyer who knows that another lawyer has committed a violation of the RPC that raises a substantial question as to that lawyer’s honest, trustworthiness, or fitness as a lawyer in other respects, should inform the appropriate professional authority, unless it would require the lawyer to disclose info otherwise protected by RPC 1.6.
|
|
|
|
RPC 8.4: Misconduct
|
VAMPF-JUDICA
1) Violating RPC 2) prejudices the Administration of Justice 3) Moral turpitude 4) Prejudice (manifest); 5) Fraud/Dishonest 6) assisting a Judge unlawfully; 7) Unfitness to practice law; 8) Discriminatory act 9) Influence govt 10) Commit crime 11) Abuse public position |
|
