Professional Responsibility

Front 1

Professional Misconduct

A lawyer may not:

Back 1

(1) violation (or attempt) of MRPC;

(2) knowingly assist another to (see above);

(3) knowingly assist judge in violation;

(4) crime reflecting adversely on honesty or fitness as lawyer;

(5) imply ability to improperly influence gov't agency or official;

(6) dishonesty, fraud; or misrepresentation; or

(7) conduct prejudicial to admin. of justice.

Front 2

forms of discipline

Back 2

(1) disbarment

(2) suspension

(3) reprimand

(4) probation

(5) restitution

(6) admonishment without filing complaint

Front 3

A lawyer will be responsible for another lawyer's violation of MRPC if:

Back 3

(1) orders or ratifies conduct; or

(2) partner or direct supervisor authority AND know of conduct when consequences can be avoided or mitigated but fail to take reasonable remedial action

Front 4

Advertising: Basic Rule

Back 4

must not be false or misleading

Front 5

Solicitation: Basic Rule

Back 5

must not initiate personal or live telephone conduct with prospective client if significant motive is pecuniary gain

*unless family or prior professional connection

Front 6

Solicitation: Targeted Direct-Mail Solicitations

Back 6

absent knowledge that prospective client objects, not prohibited from sending truthful, nondeceptive letters to persons known to face specific legal problem

Front 7

Conflicts of Interest: Representation of Client Adverse to Interests of Another Client

Back 7

must not represent if directly adverse to another client, unless:

(1) reasonably believe no adverse effect on relationship with other client; and

(2) informed consent by both conlients

Front 8

Conflicts of Interest: Business Transactions with Clients

Back 8

prohibited, unless:

(1) fair and reasonable terms;

(2) fully disclosed in understandable writing;

(3) advise in writing to get another att'y opinion and give reasonable opportunity to do so; and

(4) written informed consent

Front 9

Conflicts of Interest: Use of Information Adverse to Client

Back 9

may not use, unless:

informed consent

Front 10

Conflicts of Interest: Accepting Compensation from Non-Client

Back 10

permitted if:

(1) informed consent by client;

(2) no interference with lawyer's independent professional judgment or representation; and

(3) client confidentiality uncompromised.

Front 11

Conflicts of Interest: Aggregate Settlement or Agreement in Multiple Representation

Back 11

(1) full disclosure of all other agreements; and

(2) informed consent by all clients

Front 12

Conflicts of Interest: Limiting Liability for Malpractice

Back 12

prohibited, unless:

(1) permitted by law; and

(2) independent representation.

Front 13

Conflicts of Interest: Settling Claim for Malpractice Liability

Back 13

prohibited, unless:

advise client in writing that independent representation appropriate

Front 14

Conflicts of Interest: Former Client

Back 14

may not represent when substantially related matter + materially adverse interest, unless:

informed consent by former client

Front 15

Conflicts of Interest: Lawyer as Intermediary Between Client

Back 15

allowed if:

(1) explain implications and risks;

(2) informed consent by both clients

(3) reasonably believe no adverse affect; and

(4) reasonably believe can remain impartial.

Front 16

Imputed Disqualification: Effect of Lawyer's Representation of Former Client

New firm's duty:

Back 16

may not knowingly represent if lawyer disqualified from doing so, unless:

(1) ethical wall;

(2) no fee apportioned; and

(3) written notice given to appropriate tribunal

Front 17

Imputed Disqualification: Effect of Lawyer's Termination with Firm

Former firm's duty:

Back 17

not prohibited, even if former lawyer would be disqualified, unless:

remaining lawyer has material, protected info

Front 18

Imputed Disqualification: Former Firm Represented Adverse Client

Departed lawyer's duty:

Back 18

prohibited from knowingly representing when same or substantially related matter + materially adverse interest + acquired material protected info, unless:

informed consent by client

Front 19

Successive Gov't & Private Employment: Effect of Prior Gov't Employment

Former gov't lawyer's duty:

Back 19

prohibited from representing when participated personally and substantially, unless:

informed consent by appropriate gov't agency

Front 20

Imputed Disqualification: Successive Gov't & Private Employment

New private firm's duty:

Back 20

may not undertake or continue representation if lawyer disqualified doing so, unless:

(1) ethical wall;

(2) apportioned no part of fee; and

(3) prompt written notice to appropriate gov't agency.

Front 21

Conflict of Interest: Lawyer Has Gov't Confidential Information

Back 21

may not represent when adverse interests + info could be used to material disadvantage

Front 22

Conflict of Interest: Former Judge, Arbitrator, or Law Clerk

Back 22

may not represent when participated personally and substantially, unless:

informed consent by all parties to proceeding

Front 23

Fees: Basic Rule

Back 23

must not be clearly excessive

Front 24

Contingent Fees: Basic Rule

Back 24

must be in writing and state method by which fee determined

*prohibited in domestic relations and criminal cases

Front 25

Duty of Confidentiality: Exceptions to Duty

Back 25

may reveal info relating to representation if:

(1) client consents after consultation;

(2) necessary to prevent crime by client;

(3) necess'y to collect fee or protect reputation;

(4) permitted or required by law or court order;

(5) necessary to rectify consequences of client's illegal or fraudulent act

Front 26

Mandatory Withdrawal

Withdrawal is mandatory or representation should be declined if:

Back 26

(1) will result in violation of MRPC or other law;

(2) physical or mental condition materially impairs ability to represent client; or

(3) discharged by client.

Front 27

Permissive Withdrawal

May withdraw from representing client if:

Back 27

(1) can be accomplished without material adverse effect on client's interests; or

(2) other good cause exists

Front 28

Professional Misconduct: Mandatory Reporting Duty

Back 28

lawyer with knowledge that another lawyer committed significant violation of MRPC that raises substantial question as to lawyer's honesty or fitness as lawyer must inform appropriate professional authority