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135 Cards in this Set
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CA
CRPC 1-400 Communication Definition |
Any message or offer made by or on behalf of a member directed at any former client, present or prospective client
Including but not limited tp 1)Use of name 2)Stationary, letterhead, business card, or other written instrument 3) Advertisement directed at the general public 4) Any unsolicited communication from a member or firm directed at any person or entity |
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CA
CRPC 1-400 Solicitation Definition |
Any communication concerning the availability for professional employment of a member or fir that is done for pecuniary gain &
-delivered by pareson or telephone -directed in any manner to person known to be represented by counsel in a matter that is the subject of the communication |
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CA
CRPC 1-400 Solicitation Rules |
A solicitation shall not be made by or on behalf of a member or firm to a prospective client w/ whom there is no prior family or professional relationship with unless protected by constitution
-May solicity past clients and family within reason |
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CA
CRPC 1-400 Rules of Communication |
Truthfulness-SHALL NOT
-contain any untrue statement -(2 Contain any matter, or present any matter in a way that is false, deceptive or tends to confuse or mislead the public -(3) Omit or state any fact necessary to make the stmt not misleading to the public -State that the member or firm is specialized UNLESS they hold a current certification of specialization of that area of law -Be transmitted in any matter which involves intrusion, coercion or any harassing conduct -Must keep 2 year record |
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CA
CRPC 1-400 Board of Governor standard |
Violations:
1) contains guarantees, warrantied or predictions of outcomes 2) Communication made to someone in an emotional state that the member should reasonably know would effect reasoning -Comm. transmitted at scene of accident and en route to hospital -Im mail than solicitation ok as long as it say advertisement on the back -Any misleading implications -If stating certified specialist must name organizations that certified -Comm. that says no fee unles when unless states what costs will be accountable for -testimonials or drametizatinos unless there is a express disclaimer stating it is such |
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CA
BPC 6157+ Advertisements and Solicitation |
Parallels and copies CRPC 1-400
-prohibits statements of quick settlements can be reached -progibits impersonation of any person other than the lawyer -Disclosure of celebrity spokespeople -Any contingency must be accompanied by what must be paid if nothing is recovered |
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ABA/CA Mail Difference
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CA you can send the direct mail as long as it is not reasonably known to you that the recipient is not represented.
ABA-Direct mail is okay UNLESS it is made clear that they do not want to hear from you |
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CA- Electronic Media
BP 6158 |
-Applies same standards as BP 6157 except that it goes to electronic media...there has been greater scrutiny on electronic media due to user vulnerability
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Solicitation CA
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Solicitation Rule: A solicitation shall not be made by or on behalf of a member or firm to a prospective client w/ whom there is no prior family or professional relationship with unless protected by constitution
-May solicit past clients and family within reason |
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Communication Rule CA
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Communication Rules:
1) Truthfulness a. SHALL NOT contain any untrue statement b. Contain any matter, or present any matter in a way that is false, deceptive or tends to confuse or mislead the public c. Omit or state any fact necessary to make the stmt not misleading to the public d. State that the member or firm is specialized UNLESS they hold a current certification of specialization of that area of law e. Be transmitted in any matter which involves intrusion, coercion or any harassing conduct f. Must keep 2 year record 2) Mode a. See Solicitation Rule |
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Board of Governor's Standards Regarding Communication
CA |
Board of Governors Standards
1) Cannot contain guarantees, warranties or predictions of outcomes 2) Cannot make communication made to someone in an emotional state that the member should reasonably know would effect reasoning 3) Cannot transmit communication at scene of accident and en route to hospital 4) If stating certified specialist must name organizations that certified 5) Comm. that says no fee unles when unless states what costs will be accountable for 6)testimonials or drametizatinos unless there is a express disclaimer stating it is such 7)Im mail or other form must have at least one of the responsible members than solicitation ok as long as it say advertisement on the back 8) Mislead by saying it is put forth by a legit lawyer referral service |
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BP Code Advertising CA
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BP
1) prohibits statements of quick settlements can be reached 2) prohibits impersonation of any person other than the lawyer 3) Requires disclosure of celebrity spokespeople 4) Any contingency must be accompanied by what must be paid if nothing is recovered 5) Greater scrutiny on electronic media due to viewer vulnerability 6) Disbarred attorney or resigns w/ charges must be removed from everything within 60 days 7) Cannot pay to anyone to solicit |
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Advertising coms ABA
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Communication
-Generally the same as CA -Becomes false or misleading if contains MATERIAL misrepresentation of fact or law or omits a fact that if included would not be materially misleading -Same specialist requirement…AND specialist must be ABA or state authority certified -Same name requirements, must not mislead…AND lawyer holding public office shall not be used in the name of the law firm during any period where the lawyer is not actively involved in the firm |
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Referral Services ABA
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Referral Services
-Cannot give anything of value to a person for recommending the lawyers services -Can pay reasonable costs of advertisement -Can pay NPO or qualified lawyer referral service -Reciprocal referral agreements can be made if non exclusive and the existence and nature is made clear to the client |
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Solicitation ABA
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Solicitation-Can have direct contact with:
-a lawyer -family, close personal relationship, or prior professional relationship with the lawyer -Cannot solicit if lawyer knows they do not want to be heard from -Cannot solicit in any way that involves harassment, coercion, or duress -All mail must have “Advertising Material” written on the outside |
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Mail Difference
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MAIL
CA you can send direct mail solicitation as long as it is not reasonably known to you that the recipient is not represented. ABA-Direct mail is okay UNLESS it is made clear that they do not want to hear from you |
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Pay to play difference
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Pay to Play
-Cannot contribute to a political campaign in aims of acquiring legal work or appointment |
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CA Fees
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CALIFORNIA
A member shall not enter into an agreement for, charge or collect an illegal or unconscionable fee |
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Unconscionability Factors CA
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Unconscionability-
1) Facts at time of agreement…unless contingent upon later outcome 2) Amount of fee relative to services performed 3) Questions involved and the skill required to perform the services 4) If this work precludes lawyer from accepting other work-Must be apparent to the client 5) Amount involved and results obtained 6) Time limitations imposed by client or circumstance 7) Nature and length of relationship with client 8) Experience, reputation, and ability of the lawyer 9) Whether the fee is fixed or contingent 10) Time and labor 11) Informed consent of the client to the fee |
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Case Law Unconscionability
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Case Law= 500K for 50K settlement-unconscionable
-1 Million for Cert-not unconsionable |
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Writing Requirements CA
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Writing Requirements Contingency Agreements-all agreements for any fees must be in writing UNLESS
-It is reasonably foreseeable that total expense will not exceed $1000 -Services rendered in an emergency to avoid foreseeable prejudice to the rights or interests of the clients or is otherwise impractical -The services are implied in fact to be the same as rendered before -Waives after fully disclosed that it is entitled to a writing -The client is a corporation |
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Delaying Suit CA
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Delaying Suit to rack up billable hours/payment is a Misdemeanor-BP/State Bar Act
-Protectects against extortion |
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Arbitration CA
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Arbitration-Lawyers may stipulate for arbitration in the settlement of fees in original agreement
-If not stipulated for lawyers are bound to arbitration if compelled by the client, not the other way around though |
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Fees ABA
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A member shall not make an agreement for, charge or collect an UNREASONABLE FEE
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Unreasonable Factors
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4) If this work precludes lawyer from accepting other work-Must be apparent to the client
5) Amount involved and results obtained 6) Time limitations imposed by client or circumstance 7) Nature and length of relationship with client 8) Experience, reputation, and ability of the lawyer 9) Whether the fee is fixed or contingent 10) Time and labor 1) Customary charge for the locality |
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Proprietary interest ABA
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Proprietary Interest- Cannot have a proprietary interest in a case except:
-lien to secure fees -contingent fee in civil case |
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Unreasonable v Unconscionable
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CA-Unconscionable v. ABA-Unreasonable-Unconscionable is a harder standard to make, while under the ABA lawyers are more susceptible to the unreasonable threshold
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Writing requirement difference
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CA-Unconscionable v. ABA-Unreasonable-Unconscionable is a harder standard to make, while under the ABA lawyers are more susceptible to the unreasonable threshold
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Contingent Fee difference
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Contingent fee for representing a criminal-not a disciplinary offense in CA, just unenforceable…it is in ABA though
-Cannot have contingency fees for domestic relations in the ABA |
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Trust Funds CA/ABA
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Funds Received or held for the benefit of a client-must be deposited in one or more identifiable bank accounts, labled “Trust Account,” “Client Funds Account” or similar words
-No lawyer funds shall be deposited into the account -If funds that are part lawyers, that portion must be withdrawn at the earliest reasonable time after the member’s interest in that portion becomes fixed -Must promptly notify client of the receipt of funds -Must promptly pay or deliver requested funds |
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other items both
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Other Items- must be labled and placed in a safe deposit box or place of safekeeping as soon as practicable
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records both
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Records-Must maintain funds and distributions for up to 5 years after disbursement furnish those upon request
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return upon termination
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Termination-Upon termination must return all funds and fees paid in advance that have not been earned
-not applicable to a true retainer fee |
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Confidences CA
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Duty of the attorney-must maintain and preserve the secrets of his or her client at every peril to himself
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May reveal if...
CA |
May, but is not required to reveal confidential information if:
-if reasonably believes that disclosure is necessary to prevent a criminal act that is likely to result in death or substantial bodily harm to an individual -BUT must first make a good faith effort to persuade client not to do the crime or pursue a course that would not have a death or bodily injury result AND tell the client about the decision to reveal |
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Factors to consider when disclosing
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Factors to Consider when disclosing:
1) Essence of Time 2) Similar Threats 3) Belief in potential success of revaling 4) The extent to which it violates constitutional rights 5) Other adverse effects to the client 6) Nature and extent of information that must be disclosed |
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Confidences last
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Beyond Death...CA evidence code supreme court
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ABA Confidences
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A lawyer shall not- Reveal shall not reveal info relating to the representation of the client unless the client gives authorization. Authorization is implied if:
-bodily harm or injury same as CA -To establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and client…to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct which the client was involved…or to respond to allegation in a proceeding concerning the lawyaer’s representation of the client *Intake and defense same for CA |
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Financial difference to confidences
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ABA recognizes implied consent if in revealing information it prevents the client from committing a crime that is reasonably certain to result in substantial injury to the financial interests or property of another if in revealing information it prevents the client from committing a crime that is reasonably certain to result in substantial injury to the financial interests or property of another (CA does not recognize this)
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Requirement of revealing cofidences...difference
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ABA-If knowing client is about to engage in fraudulent conduct in a proceeding, OR has offered false testimony, than the lawyers has a duty to take reasonable remedial measures, including disclosure to the tribunal…CA never forced, may have to reveal to judge in chambers
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General conflict of interest notes
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For their to be a conflict of interest there either is an issue of confidentiality or loyalty being at risk
-Actionable whether there is actual or potential conflict -confidentiality can be at risk for present, past, and former clients -Loyalty is only a duty to present clients -Conflicts can be cured, waived, or fixed….client consent -Conflicts are imputed by those who work together…case law, Pounds -CA takes greater measures to protect confidences -ABA is more lenient for quarantine, screening, and walls, in CA it is more of a way to facilitate consent |
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Lesser category of conflicts..
CA |
When a LESSER conflict of interest exists may accept or continue representation of a client if providing written disclosure to the client (relationship to other parties):
-If member has a legal, business, financial, professional, or personal relation with a party or witness in the same matter OR -Previous relationship would substantially affect the member’s representation OR -Member has relationship (categories above) with another person that the member reasonably should know would be affected substantially by resolution of the matter OR -Member has or HAD a legal, businsess, financial, or professional interest in the subject matter of the representation |
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Greater category of conflicts CA
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When a GRETER conflict of interest exists A member cannot continue or accept representation of a client, without informed written consent of each client when (actual clients):
-accept representation of more than one client in which interests of the clients potentially conflict -Continue or accepte representation of more than one client where there is potential conflict -Represent a client in a matter and simultaneously accept a clitent whose interest in the first matter is adverse to the client in the first |
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Multiple client requirement CA
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If representing more than one client- must get written informed consent to enter into an aggregate settlement…must warn and make the situation clear
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Prior confidences...CA
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Cannot accept employment adverse to the client where the member has obtained confidential information in prior employment material to the new employment
-can get informed written consent |
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3rd party payor CA
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Must be compensated for services only from the client UNLESS:
-there is no interference with the member’s independence of professionally judgment or with the client lawyer relationship -rendering legal services on behalf of any public agency which provides legal services to other public agencies or the public -loyalties must always remain to the client |
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Past client standard difference
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Past client standard-
ABA=materially adverse CA=substantially affect -may be difference without a distinction |
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screen/waiver difference
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ABA Screens and walls can be used to fix and cure; Not in CA
ABA explicityly limits what can be waved |
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Info on competition CA
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Information on competition (CASE LAW)- Lawyer shall not use information gained through attorney client relationship to advance own position in other business ventures
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When representing a corp CA
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When Representing an Organization-must conform representation to the concept that the client is the organization itself…acting through its highest authorized officer or body overseeing the particular engagement
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Agent is doing bad stuff...ca
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If a member, acting on behalf of an organization knows that an agent-intends to act in a matter that may be a violation law imputable to the organization OR is liely to result in substantial injury to the organization….than the member shall not violate her duty of protecting all confidential information…
1) Urge reconsideration of the matter 2) Refer matter to the next highest authority in the organization 3) WITHDRAW |
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Representing officer of corp...ca
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May represent an officer- of a corporation already represented, however may need consent
When representing a corporation- anyone who can bind the corporation is considered a client |
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spouse as lawyer
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Layer’s spouse- a member shall not represent a client in a matter in which another party’s lawyer is a spouse, parent, child, or sibling, lives with, is a client of, or has a close personal relationship with the lawyer UNLESS the member informs the client in writing of the relationship
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lawyer and witness..>CA
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A member cannot be an advocate and witness to a trial UNLESS
-Full disclosure and consent |
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gifts from client CA
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Gifts from client-shall not induce a client to make a substantial gift including testamentary gift unless a related member
-Can procure and draft though |
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costs of litigation ca
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Can pass costs of litigation to client, and can make them contingent as well
-may loan to client and take back in recovery |
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lawyer as business partner
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Can be both a lawyer and a business partner if meeting these requirements
1) reasonable terms that are fully disclosed that should have been reasonably understood to the client 2) client is advised of potential conflict and may seek advice of independent lawyer and is given reasonable opportunity to seek advice 3) consent by client in writing -same for ABA |
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imputation
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Imputation- Lawyer shall not knowingly represent a person in the same or substantially related matter in which the firm that the lawyer is/was associated with had previously represented a client
-whose interests are materially adverse AND -about whom the lawyer has already aquired confidences material to the matter…unless informed consent in writing -if any of these restrictions apply to one lawyer in the firm it applies to all |
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confidences when lawyer leaves aba
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Once a lawyer leaves than confidences imputated to firm leave with him-Unless another lawyer still maintains confidenxes
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npo or legal services group requirement
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Lawyer if participating in legal services organization or NPO is subject to conflict rules still and must disclose to the group if activities potentially benefit a client
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difference corporation
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ABA when representing the corporation – a lawyer is allowed to breach confidences to protect corporation
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witness roll difference
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In ABA both advocacy and witness role-canot consent to both UNLESS if withdrawal would be hardship on the client…CA limits the restriction to jury trials
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gov't private practice difference
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Under ABA if moving from gov’t to private practice, imputation is not a presumption-public policy…NO CA counterpart
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neutral party difference
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Under ABA lawyer should not represent anyone in a matter in which he already participated as a third party neutral (judge, mediator, arbitrator)
-if law clerk, must let judge know -no CA counterpart |
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foreclosure difference
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CA (NO ABA COUNTERPART)- cannot purchase directly or indirectly a client’s property at a foreclosure sale, nor represent anyone involved
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gift difference
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ABA cannot draft or procure testamentary gift, CA can…this includes to gifts to close relatives…familial relationship to inducement and procurement
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loan difference
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ABA may pay for costs of an indigent client but cannot make loan and take back in recovery
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literary rights difference
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ABA cannot trade representation for literary rights, but may in CA with FULL disclosure
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sex with clients difference
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ABA Sex with clients-Cannot do it unless such a relationship existed when lawyer/client relationship commenced
-CA allows it unless it is a condition of any professional representation -predatory behavior is used in entering sexual relations -if such relations cause incompetence (in the legal sense) -rules don’t apply to predated relationships b-if not representing, lawyers in the firm who do are not subject to discipline |
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performance standards
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ABA-negligence
CA-Intentionally Recklessly Negligently |
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competence ca
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Members have a duty of competence, meaning any legal service members have a duty to apply the:
1) Diligence 2) Learning and Skill 3) Mental, emotional, and physical ability Reasonably necessary for the performance of such service -if not having the skill, may demonstrate competence by learning or professionally consulting someone with the skill |
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comm's requirement ca
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Communication- Must keep a client reasonably informed about significant developments relating to the representation including with promptly complying with reasonable requests for information and copies of significant documents when necessart to keep the client informed
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mcle ca
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MCLE-25 hours of required continued legal education over 36 months…1 hour which must be professional responsibilityjn
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breaking law ca
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Breaking the law¬-Cannot advise to break the law, unless plan on challenging it
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violation rpc
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Cannot assist, solicit, or induce any violation of the rules of professional conduct
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harassing standard ca
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Shall not bring an action, defense, or take an appeal for the purpose of harassing or injuring another
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unwarranted claims ca
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Cannot bring a claim or defense that is not warranted under existing law-Unless there is a good faith argument for reversal of the law
-cannot rely on facts that you know are false -suspecting false facts does not require you to reject them |
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limitation of liability
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Cannot K for limit of liability for professional malpractice
-can K for arbitration as long as arbiter is not restriceted -cannot settle a claim for malpractice unless the client is informed in writing of the ability to seek sdvice of independent lawyer and is given reasonable opportunity to seek that advice |
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3rd party neutral aba
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If serving as a third party neutral, must fully explain role and make it clear that lawyer is not representing
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manager req't aba
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Managers should make reasonable efforts to ensure their lawyers an firms abide by the MRPC
-lawyers should be responsible for another lawyers violation if -lawyer orders or with knowledge of the conduct ratifies the conduct involved -has managerial authority, knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable action (same for subordinates) |
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subordinate lawyer
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Subordinate lawyer-is not exempt from rules of professional conduct even if under the direction of another person UNLESS acting in accordance with a supervisor lawyers reasonable resolution of an arguable question of professional duty
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comm aba
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Communication same as CA but must explain to the extent reasonably necessary to make informed decision
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clients decision aba
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Lawyer must abide by client’s decision-to settle all matters and after consultation must abide by plea and decision whether to waive a jury trial
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expedite lit. aba
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Must make reasonable efforts to expedite litigation in the interest of the client
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limiting scope aba
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Can limit scope of representation with consent and representation does not constitute an endorsement of policital, economoiical or moral views
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crim or fraud aba
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Shall not counsel a client to engage or assist a clien in conduct that the lawyer knows is criminal or fraudulent
-but may discuss the legal consequences of any proposed course of conduct and may assist a good faith effort to determine the meaning of the application of the law |
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adverse prospective client aba
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A layer shall not take employment materially adverse to a prospective client if the lawyer received information from that client UNLESS:
-both clients have given written informed consent -the lawyer who received info to reasonable measures to avoid exposure to more -disqualified lawyer is screeded -written notice is promptly given to prospective client |
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limiting liability aba
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cant limit malpractice liability like ca
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permissive withdrawal
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Withdrawal can be either mandatory or permissive
-Permissive (may withdraw) must get approval of the courts give due notice, allowing time for replacement AND the client: -insists on presenting unwarranted claims that are not supported by a good faith argument for modification of the law -seeks an illegal course of conduct or prohibited under CRPC -‘s conduct makes it unreasonably difficult to carry out the employment effectively -in a matter not in court, insists on behavior inconsistent with the member’s advice -breaches a fee obligation -continued employment will result in violation -client will likely be served best by withdrawal -member’s mental or physical state -client assents -any other good cause |
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mandatory withdrawal
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Mandatory (shall withdraw)
1) member knows or should know that the client is bringing an action, conducting a defense, litigating, or appealing without a probable cause and for the purpose of harassing or maliciously injuring any person 2) member knows or should know that continued employment witll result in violation of CRPC or State Bar Act 3) member’s mental or physical condition makes it unreasonably difficult to carry out the employment effectively -If withdrawing must release all papers and property and return all unearned fees, but maintain confidencs |
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settlement difference
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CA- member has the duty to promptly communicate to the member’s client all terms and conditions of any offer made to the client in a criminal matter AND all amounts terms and condtions of any written offer of seetlement made in other mattersU
-failure to report oral settlements is malpractice, but is not disciplinary |
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diminished capacity difference
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ABA Diminished Capacity Exception-lawyer must do best as possible to maintain a normal lawyer client relationship with a client who has a diminished capcity in decision making
-if reasonably believes capacity puts at risk substantial physical or financial harm may consult with individuals who do have the ability to take action to protect and seek guardianship -has implied authorization to reveal consequences as necessary to protect client’s interests CA- Does not have this…only choice is to withdraw |
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malpractice
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Do not have to have malpractice insurance in CA but corporations are
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partnership ca
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A member shall not form a partnership with a person is not a lawyer if any of the activities of that partnership consist of the practice of law
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partnership aba
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Same as CA except a lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit if a nonlawyer owns any interest therein, a nonlawyer is a corporate director, or a nonlawyer has the right to direct professional judgement of the lawyer
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RPC requirements ABA
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Lawyer is subject to the RPC if law related service are provided by the lawyer in circumstances that are not distinct from lawyer provision of legal services, if the lawyer fails to take reasonable measures to assure the client that the services are not legal, or are services that may be reasonably performed with I conjunction with and are related to the provision of legal services
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restricting agreements ca
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Member shall not be a party to an agreement- if the agreemtent restricts the right of a member to practice law, excep this rule does not prohibit n agreemen that
-is a part of employment and does not survive the termination of the employmen -cannot be a party to an agreement that precludes reporting violations *prevents against contract not to compete -exception to owners or managing partners |
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division of legal fees ca
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Division of legal fees should not be made with a lawyer that is not a partner unless:
-consented to and does not raise the total fee |
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referral fee ca
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Can get paid for a referral between lawyers and long as the client knows and is not charged for it
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sale of a firm ca
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On sale of a law firm, must notify clients and advise them of their rights to seek other counsel…paying for goodwill and nothing else…
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fairness to opposing counsel aba
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Fairness to opposing counsel:
-shall not unlawufull obstruct another party’s access to evidence, or conceal a document with potential evidentiary value -shall not falsify evidence -shall not knowingly disobey an obligation…unless no valid obligation exists -shall not make frivolous discovery request -allude to any matter that the lawyer does not believe is relevant or state a personal opinion as the justness of a cause -request a person other than a client to refrain from giving relevant information to another party unless the person is a relative, employee or other agent of a client AND the lawyer reasonably bleives that the person’s interests will not be adversely affected by refraining from giving such information |
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receipt of document
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A lawyer who receives a document- relating to the representation of the lawyer’s client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender
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referral difference
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ABA must contribute to the case, cannot get paid for a referral, but may have reciprocal agreement if client knows and it is non exclusive
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fee splitting ca
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Fee Splitting- Lawyer should not fee split with non lawyer
-cannot have contingency fee agreements for staff |
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already represented folks
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A member shall not communicate directly or indirectly about the subject of representation with a party the member knows to be represented unless the member has consent of the other lawyer
-does not prohibit communications with a public officer, board, committee or body (CA Only) -Comms initieated by a party seeking advice (SAME ABA) *note party vs. witness distinction for corporation |
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threatening charges
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Threatening Charges- member cannot threaten to present criminal, administrative, or disciplinary charges to gain advantage in a civil dispute
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just actions
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Duty to maintain actions that appear just
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prejudicial facts
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Duty to not advance any prejudicial fact unless required by justice
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corrupt motive
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Duty not to encourace the commencement or the continuance of an action proceeding from a corrupt motive of passion of interest
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deceiving court
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Deceiving the court is a misdemeanor under BP
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hiring disbarred attorney ca
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Hiring disbarred attorneys-can’t do it unless it is clerical work, not necessitating a license to do, must contact state bar and clients that the individual has or will work on-CA specific
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means to embarass aba
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Shall not use means that have no pupose other than to embarrass, delay, or burden a third person
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false statments aba
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When representing a client a lawyer shall not knowingly make a false statement of material fact or law to a third person OR
-or fail to disclose a material face when disclosure is necessary to avoid assisting a criminal act |
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unrepresented persons aba
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Unrepresented Persons- when lawyer should know that unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforst to correct the misunderstanding UNLESS
-lawyer should reasonably know that the interests of such a person are or have a possibility of being in conflict with a client…in that case advise to get counsel |
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npo and estate difference
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ABA- can pay to estate and may share awarded fees with NPO who retained or recommended employment in the matter
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contact with jurors
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Cannot be in contact with a juror or juror’s family during a trial.
-CA must report misconduct -Afterwards is fine as long as it is no harassing and will not influence future decisions -ABA cannot communicate with a juror or prospective juror after discharge if the juror has made it clear that they do not want to communicate |
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contact with witnesses
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May not compensate witnesses for testimony, nor advise to make them unavailable…can however pay experts for their time
Shall not suppress evidence |
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duty to court
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Shall not seek to mislead judge or jury by false statement of fact or law
-shall not cite bad authority -shall not assert personal knowledge unless witness |
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bribing judge
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Shall not directly or indirectly give or lend anything of value to a judge or official
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communicating with judge
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Shall not directly or indirectly communicate with a judge or official on the merits of a contested matter except
-in open court -with consent of all other counsel -in the presence of all other counsel -in writing with a copy to all other counsel *includes law clerks an research attornesy |
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due respect to officials
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must maintain due respect to officials
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lending name
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Cannot appear as attorney without authority or lend name misuse
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pro bono
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ABA-50 hours of pro bono work
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appointment aba
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ABA-shall not seek to avoid appointment…financial, in violation of code, or client or cause is so repugnant it would affect lawyer’s ability
-largely non significant |
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defenseless and oppressed
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CA- Duty to never reject the cause of the defenseless or the oppressed
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media ca
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CA-To media cannot disseminate that has a likelihood of materially prejudicing an adjudicative proceeding HOWEVER, May state:
-claim involved -information contained in public record -investigation is in process -scheduling of litigation -request for assistance in obtaining evidence and info -warning of danger concerning behavior of a person involved CRIMINAL additions -information of the accused -info regarding arrest |
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false statement to bar
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ABA/CA-Cannot make false statement to the bar
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reporting requirement ca
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CA-must report 3 or more suits of malpractice over a year, entry against attorney in civil action or fraud, and sanctions over 1,000-BP
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snitch rule
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ABA ONLY- a lawyer who knows that another lawyer has committed a violation of the RPC that raises a substantial question as to that laywer’s honesty, fitness as a lawyer, shall inform the appropriate professional authority…judges as well
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conduct aba
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ABA- It is professional misconduct for a lawyer to
-attempt to violate RPC or assisting one to do so -committ a criminal act that reflect on lawyer’s honesty or trustworthiness -state or imply an ability to influence improperly a government official -helping a judge do dirt |
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moral turpitude
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CA-commission of any act involving moral turpitude dishonesty or corruption constitutes disbarment
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discrimination
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CA- In managing law practice a member shall not unlawfully discriminate based on race, national origin, sex, sexual orientation, religion, age or disability in
-hiring promoting, dischargine, or determining conditions of employment -accepting or terminating representation |
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special prosecutor duty
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Special Duty for prosecutors-shall only make claims based on probable cause, and if knowing that there is no probable cause shall refrain in doing so
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unpublished cases
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Must make clear citing unpublished cases-CA
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howard v babcok
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Howard v Babcock…competition okay for shareholding partner
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