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74 Cards in this Set
- Front
- Back
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MR 1.1 Competence
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A L shall provide competent representation to a C. Competent Representation requires the legal knowledge, skill, thoroughness, and preparation reasonably required for the representation.
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MR 1.2 Scope of Representation and Allocation of Authority b/t L and C
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(a) L shall abide by C's decisions concerning the objectives of representation and, as required by 1.4, shall consult w/ C as to the means by which they're pursued. L may take impliedly authorized actions. L shall abide by C's decision re: settlement. In Criminal Case, L shall abide by C's decision, after consultation w/ L, as to a plea, whether to waive jury, and whether C will testify.
(b) L's rep. of a C does not constitute endorsement of C's political, economic, social or moral views/activities. (c) L may limit the scope of rep. if hte limitation is reasonable under the circumstances AND C gives informed consent. (d) The Dog Rule/Prohibited Assistance. L SHALL NOT counsel a C to engage, or assist a C, in conduct that the L knows is criminal or fraudulent, but L may discuss the legal consequences and may counsel/assist C to make a good faith effort to determine the validity, scope, meaning, or application of the law. T |
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MR 1.3 Diligence
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L shall act w/ reasonable diligence and promptness in representing a C.
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MR 1.4 Communication
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(a) L shall:
(1) promptly inform C of any decision/circumstance w/ respect to which C's informed consent is required; (2) reasonably consult w/ C about the means by which C's objectives are to be accomplished (3) keep the C reasonably informed about the status of matter; (4) promptly comply w/ reasonable requests for info; (5) consult w/ C about any relevant limitation on L's conduct when L knows that C expects assistance not permitted by the MRPR/other law (b) L shall explain a matter to the extent reasonably necessary to permit the C to make informed decisions re: representation |
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MR 1.5 Fees
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(a) L SHALL NOT make an agreement for, charge, collect an unreasonable fee/amount for expenses. Factors to be considered:
(1) time, labor required; novelty + difficulty of questions; skill requisite to perform legal service properly; (2) likelihood, if apparent to C, that the acceptance of the particular employment will preclude other employment by the L; (3) fee customarily charged in the locality; (4) amount involved/results obtained; (5) time limitations imposed by C/circumstances; (6) nature/length of the professional relationship w/ C; (7) experience, reputation, and ability of L performing services; and (8) whether fee is fixed/contingent (b) Scope of representation + basis of rate of fee + expenses for which C will be responsible SHALL BE communicated to the C, preferably in writing, before/within reasonable time of representation, EXCEPT when L will charge a regularly represented C on the same basis. Any changes will be communicated to C. (c) Fee may be contingent on the outcome, except in a matter in which contingent fee is prohibited by (d) or law. Contingent fee agreement shall be in writing, SIGNED BY C, state method by which fee determined, including % that shall accrue to the L. Agreement must clearly notify C of any expenses for which the C will be liable whether or not C wins. At conclusion, L shall provide C w/ written statement stating the outcome and, if recovery, showing the remittance to the C and method of determination (d) L SHALL NOT charge contingent fee for: (1) domestic relations matter or (2) D in criminal case (e) division of fee b/t L's NOT IN THE SAME FIRM may be made only if: (1) division is in proportion to the services performed by e/a L or they assumed joint responsibility; (2) C agrees to arr., including the shares, and agreement is confirmed in writing; (3) total fee is reasonable |
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MR 1.6 Confidentiality of Information
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(a) L SHALL NOT reveal info relating to the representation of a C unless the C gives IC, disclosure is impliedly authorized, or disclosure is permitted by (b).
(b) L MAY reveal info relating to representation of a C to the extent L reasonably believes necessary: (1) to prevent reasonably certain death or SBH; (2) to prevent C from committing crime/fraud that is reasonably certain to result in substantial injury to the financial interest/property of another and in furtherance of which the C has used/is using L's services; (3) to prevent, mitigate, rectify S.I. to the financial interests/property of another that is reasonably certain to result/has resulted from C's commissions of C/F in furtherance of which the C's used L's services; (4) to secure legal advice a/b L's compliance w/ MRPR; (5) to est. claim/defense on behalf of L in a controversy b/t L and C; to est. a defense to a criminal charge or civil claim a/g the L based upon conduct in which C was involved; or to respond to allegations in any proceeding concerning L's rep. of C; (6) to comply w/ other law/court order |
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MR 1.7: Conflict of Interest: Current Client
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(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:
(1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. (b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing. |
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MR 1.8 Conflict of Interest: Current Clients: Specific Rules
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(a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless:
(1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client; (2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and (3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction. (b) A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these Rules. (c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship. (d) Prior to the conclusion of representation of a client, 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. (e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: (1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and (2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client. (f) A lawyer shall not accept compensation for representing a client from one other than the client unless: (1) the client gives informed consent; (2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and (3) information relating to representation of a client is protected as required by Rule 1.6. (g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. The lawyer's disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement. (h) A lawyer shall not: (1) make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless the client is independently represented in making the agreement; or (2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel in connection therewith. (i) A lawyer shall not acquire 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) acquire a lien authorized by law to secure the lawyer's fee or expenses; and (2) contract with a client for a reasonable contingent fee in a civil case. (j) A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced. (k) While lawyers are associated in a firm, a prohibition in the foregoing paragraphs (a) through (i) that applies to any one of them shall apply to all of them. |
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MR 1.9: Duties to Former Clients
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(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.
(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 formerly was associated had previously represented a client (1) whose interests are materially adverse to that person; and (2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter; unless the former client gives informed consent, confirmed in writing. (c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter: (1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or (2) reveal information relating to the representation except as these Rules would permit or require with respect to a client. |
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MR 1.10: Imputation of Conflicts of Interest: General Rule
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(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless
(1) the prohibition is based on a personal interest of the disqualified lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm; or (2) the prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyer’s association with a prior firm, and (i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; (ii) written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this Rule, which shall include a description of the screening procedures employed; a statement of the firm's and of the screened lawyer's compliance with these Rules; a statement that review may be available before a tribunal; and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures; and (iii) certifications of compliance with these Rules and with the screening procedures are provided to the former client by the screened lawyer and by a partner of the firm, at reasonable intervals upon the former client's written request and upon termination of the screening procedures. (b) When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless: (1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and (2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter. (c) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7. (d) The disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule 1.11. |
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MR 1.11: Special Conflicts of Interests for Former and Current Government Officers and Employees
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(a) Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government:
(1) is subject to Rule 1.9(c); and (2) shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation. (b) When a lawyer is disqualified from representation under paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless: (1) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and (2) written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with the provisions of this rule. (c) Except as law may otherwise expressly permit, a lawyer having information that the lawyer knows is confidential government information about a person acquired when the lawyer was a public officer or employee, may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person. As used in this Rule, the term "confidential government information" means information that has been obtained under governmental authority and which, at the time this Rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose and which is not otherwise available to the public. A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom. (d) Except as law may otherwise expressly permit, a lawyer currently serving as a public officer or employee: (1) is subject to Rules 1.7 and 1.9; and (2) shall not: (i) participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless the appropriate government agency gives its informed consent, confirmed in writing; or (ii) negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by Rule 1.12(b) and subject to the conditions stated in Rule 1.12(b). (e) As used in this Rule, the term "matter" includes: (1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties, and (2) any other matter covered by the conflict of interest rules of the appropriate government agency. |
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MR 1.12: Former Judge, Arbitrator, or Other 3rd Party Neutral
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(a) Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing.
(b) A lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral. A lawyer serving as a law clerk to a judge or other adjudicative officer may negotiate for employment with a party or lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge or other adjudicative officer. (c) If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless: (1) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and (2) written notice is promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this rule. |
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MR 1.13: Organization as Client
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a) A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.
(b) If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law that reasonably might be imputed to the organization, and that is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization. Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer shall refer the matter to higher authority in the organization, including, if warranted by the circumstances to the highest authority that can act on behalf of the organization as determined by applicable law. (c) Except as provided in paragraph (d), if (1) despite the lawyer's efforts in accordance with paragraph (b) the highest authority that can act on behalf of the organization insists upon or fails to address in a timely and appropriate manner an action, or a refusal to act, that is clearly a violation of law, and (2) the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization, then the lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure, but only if and to the extent the lawyer reasonably believes necessary to prevent substantial injury to the organization. (d) Paragraph (c) shall not apply with respect to information relating to a lawyer's representation of an organization to investigate an alleged violation of law, or to defend the organization or an officer, employee or other constituent associated with the organization against a claim arising out of an alleged violation of law. (e) A lawyer who reasonably believes that he or she has been discharged because of the lawyer's actions taken pursuant to paragraphs (b) or (c), or who withdraws under circumstances that require or permit the lawyer to take action under either of those paragraphs, shall proceed as the lawyer reasonably believes necessary to assure that the organization's highest authority is informed of the lawyer's discharge or withdrawal. (f) In dealing with an organization's directors, officers, employees, members, shareholders or other constituents, a lawyer shall explain the identity of the client when the lawyer knows or reasonably should know that the organization's interests are adverse to those of the constituents with whom the lawyer is dealing. (g) A lawyer representing an organization may also represent any of its directors, officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7. If the organization's consent to the dual representation is required by Rule 1.7, the consent shall be given by an appropriate official of the organization other than the individual who is to be represented, or by the shareholders. |
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MR 1.14: Client w/ Diminished Capacity
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(a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian. (c) Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests. |
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MR 1.15: Safekeeping Property
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(a) A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property. Funds shall be kept in a separate account maintained in the state where the lawyer's office is situated, or elsewhere with the consent of the client or third person. Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of [five years] after termination of the representation.
(b) A lawyer may deposit the lawyer's own funds in a client trust account for the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose. (c) A lawyer shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred. (d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property. (e) When in the course of representation a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute. |
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MR 1.16: Declining or Terminating Representation
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(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of the rules of professional conduct or other law; (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or (3) the lawyer is discharged. (b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; (2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent; (3) the client has used the lawyer's services to perpetrate a crime or fraud; (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (7) other good cause for withdrawal exists. (c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation. (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law. |
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MR 1.17: Sale of Law Practice
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A lawyer or a law firm may sell or purchase a law practice, or an area of law practice, including good will, if the following conditions are satisfied:
(a) The seller ceases to engage in the private practice of law, or in the area of practice that has been sold, [in the geographic area] [in the jurisdiction] (a jurisdiction may elect either version) in which the practice has been conducted; (b) The entire practice, or the entire area of practice, is sold to one or more lawyers or law firms; (c) The seller gives written notice to each of the seller's clients regarding: (1) the proposed sale; (2) the client's right to retain other counsel or to take possession of the file; and (3) the fact that the client's consent to the transfer of the client's files will be presumed if the client does not take any action or does not otherwise object within ninety (90) days of receipt of the notice. If a client cannot be given notice, the representation of that client may be transferred to the purchaser only upon entry of an order so authorizing by a court having jurisdiction. The seller may disclose to the court in camera information relating to the representation only to the extent necessary to obtain an order authorizing the transfer of a file. (d) The fees charged clients shall not be increased by reason of the sale. |
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MR 1.18: Duties to Prospective Client
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(a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.
(b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client. (c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter, except as provided in paragraph (d). (d) When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if: (1) both the affected client and the prospective client have given informed consent, confirmed in writing, or: (2) the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and (i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and (ii) written notice is promptly given to the prospective client. |
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MR 2.1 Advisor
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In representing a C, a L shall exercise independent professional judgment AND render candid advice. In rendering advice, L may refer to law and other stuff such as moral, economic, social, and political factors, that may be relevant to C's situation.
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MR 2.2 Intermediary
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(a) L may provide an eval of a matter affecting a C for the use of someone other than the C if the L reasonably believes that making the eval is compatible w/ other aspects of the L's relationship w/ C.
(b) When L knows/reasonably should know that the eval is likely to affect the C's interest materially and adversely, the L shall not provide the eval unless C gives IC (c) Except as disclosure is authorized in connection w/ report of an eval, info relating to the eval is otherwise protected by 1.6 |
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MR 2.3 Lawyer Serving as 3rd Party Neutral
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(a) L serves as a 3rd P Neutral when L assists 2+ persons who are not C's of the L to reach resolution of dispute or other matter that has arisen b/t them. Service as a 3rd PN may include arbitrator, mediator, or in such other capacity as will enable L to assist the parties to resolve matter.
(b) A L serving as a 3PN shall inform unrepresented parties hat the L is not representing them. When the L knows/reasonably should know that a party doesn't understand the L's role in the matter, L shall explain the diff. b/t the L's role as a 3PN and L's role as representative of C. |
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MR 3.1: Meritorious Claims and Contentions
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A L SHALL NOT bring or defend a proceeding, or assert/controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith arg. for an extension, modification, or reversal of existing law. A L for the D in criminal proceeding, or the respondent in proceeding that could result in incarceration, may so defend the proceeding as to require every element of case to be est.
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MR 3.2: Expediting Litigation
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A L shall make reasonable efforts to expedite litigation consistent w/ the interest of the C.
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MR 3.3: Candor Towards the Tribunal
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(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; (2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or (3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false. (b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. (c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. (d) 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. |
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MR 3.4 Fairness to Opposing Party and Counsel
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A lawyer shall not:
(a) unlawfully obstruct another party' s access to evidence or unlawfully 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 a 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; (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 in issue except when testifying as a witness, or state a 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; or (f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless: (1) the person is a relative or an employee or other agent of a client; and (2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information. |
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MR 3.5: Impartiality and Decorum of the Tribunal
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A L shall not:
(a) seek to influence a judge, juror, prospective juror, or other official by means prohibited by law; (b) communicate ex parte w/ such a person during the proceeding unless authorized by law/court order (c) communicate w/ juror or prospective juror after discharge of the jury if: (1) prohibited by law/court order; (2) juror made known desire not to be communicated; or (3) communication involves misrep, coercion, duress, harrassment, or (d) engage in conduct intended to disrupt a tribunal |
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MR 3.6: Trial Publicity
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(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
(b) Notwithstanding paragraph (a), a lawyer may state: (1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved; (2) information contained in a public record; (3) that an investigation of a matter is in progress; (4) the scheduling or result of any step in litigation; (5) a request for assistance in obtaining evidence and information necessary thereto; (6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and (7) in a criminal case, in addition to subparagraphs (1) through (6): (i) the identity, residence, occupation and family status of the accused; (ii) if the accused has not been apprehended, information necessary to aid in apprehension of that person; (iii) the fact, time and place of arrest; and (iv) the identity of investigating and arresting officers or agencies and the length of the investigation. (c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity. (d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a). |
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MR 3.7: Lawyer as Witness
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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; or (3) disqualification of the lawyer would work substantial hardship on the client. (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 Rule 1.7 or Rule 1.9. |
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MR 3.8: Special Responsibilities of a Prosecutor
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The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause; (b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel; (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing; (d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; (e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes: (1) the information sought is not protected from disclosure by any applicable privilege; (2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and (3) there is no other feasible alternative to obtain the information; (f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule. (g) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall: (1) promptly disclose that evidence to an appropriate court or authority, and (2) if the conviction was obtained in the prosecutor’s jurisdiction, (i) promptly disclose that evidence to the defendant unless a court authorizes delay, and (ii) undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit. (h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction. |
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MR 3.9: Advocate in Nonadjudicative Proceedings
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L rep'ing a C before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of 3.3(a)-(c); 3.4(a)-(c); 3.5
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MR 4.1: Truthfulness in Statements to Others
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In course of rep'ing a C a L shall not knowingly:
(a) make false statement of material fact/law to a 3rd person; or (b) fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal/fraudulent act by C, unless disclosure is prohibited by MR 1.6 |
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MR 4.2: Communications with Persons Represented by Counsel
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In representing a C, L shall not communicate a/b the subject of the rep. w/ a person L knows to be represented by another L in the matter, unless L has the consent of the other L or is authorized by law/court order
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MR 4.3: Dealing with the Unrepresented Person
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In dealing on behalf of C w/ a person who is NOT represented by a L, a L shall not state/imply that the L is disinterested. When L knows/reasonably should know that the unrepresented person misunderstands the L's role, L shall make reasonable effort to correct. L shall not give legal advice, other than advice to secure counsel, if L knows/reasonably should know that the interests of such person are/have reasonable possibility of being in conflict w/ the interests of the C.
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MR 4.4: Respect for Rights of Third Persons
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(a) In rep'ing a C, L shall not use means that have no substantial purpose other than to embarrass, delay, or burden a 3rd P or use methods of obtaining ev that violate the legal rights of such person
(b) L who receives a document relating to the rep. of the C and knows/reasonably should know that the document was inadvertently sent shall promptly notify sender. |
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MR 5.1: Responsibilities of Partners, Managers and Supervisory Lawyers
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(a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
(b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct. (c) A lawyer shall be responsible for another lawyer's violation of the Rules of Professional Conduct if: (1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or (2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action. |
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MR 5.2: Responsibilities of a Subordinate Lawyer
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(a) L is bound by these Rules notwithstanding that L acted at direction of another person
(b) Subordinate L does not violate the PR if that L acts in accordance w/ a supervisory L's reasonable resolution of an arguable question of prof. duty |
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MR 5.3: Responsibilities Regarding Nonlawyer Assistants
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With respect to a nonlawyer employed or retained by or associated with a lawyer:
(a) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer; (b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and (c) a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if: (1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or (2) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action. |
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MR 5.4: Professional Independent of Lawyer
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(a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that:
(1) an agreement by a lawyer with the lawyer's firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer's death, to the lawyer's estate or to one or more specified persons; (2) a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer may, pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that lawyer the agreed-upon purchase price; (3) a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement; and (4) a lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter. (b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law. (c) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services. (d) A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if: (1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration; (2) a nonlawyer is a corporate director or officer thereof or occupies the position of similar responsibility in any form of association other than a corporation ; or (3) a nonlawyer has the right to direct or control the professional judgment of a lawyer. |
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MR 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law
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(a) L shall not practice law in a jx in violation of the regulation of the legal profession in that jx, or assist another in doing so.
(b) L who is not admitted to practice in that jx shall not: (1) except as authorized by law, est. an office/other systematic and continuous presence in that jx for practice of law; or (2) hold out to the public /represent that the L is admitted there (c) A L admitted to practice in another US Jx (and not disbarred/suspended), may provide legal services on a TEMPORARY basis in this jx that: (1) undertaken in assoc. w/ a L who is admitted to practice in this jx and who actively participates; (2) are in/reasonably related to pending/potential proceeding before a tribunal in this/another jx, if the L (or person L is assisting) is authorized by L/order to appear ni such proceeding or reasonably expects to be so authorized (pro hac vice) (3) are in/reasonably related to pending/potential arbitration, mediation, other ADR in this/another jx, if the services arise out of/reasonably relate to L's practice in a jx in which L is admitted to practice and are not services for which the forum requires pro hac vice; or (4) are not w/in (2) or (3) and arise out of/reasonably relate to L's practice in a jx in which the L is admitted (d) L admitted in another US jx (and not disbarred/suspended) may provide legal services in this jx that: (1) are provided to the L's employer or organizational affiliates and are not services requiring pro hac vice (2) are services that L is authorized to provide by federal law/other law of that jx |
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MR 5.6: Restrictions on the Right to Practice
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L shall not participate in offering/making:
(a) partnership, shareholders, operating, employment other similar type of agreement that restricts the right of a L to practice a/g termination of the relationship, except an agreement concerning benefits upon retirement; or (b) an agreement in which a restriction on L's right to practice is part of controversy settlement. |
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MR 5.7: Responsibilities Regarding Law-Related Services
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a) A lawyer shall be subject to the Rules of Professional Conduct with respect to the provision of law-related services, as defined in paragraph (b), if the law-related services are provided:
(1) by the lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients; or (2) in other circumstances by an entity controlled by the lawyer individually or with 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 services and that the protections of the client-lawyer relationship do not exist. (b) The term "law-related services" denotes services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer. |
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MR 7.1: Communication Concerning a Lawyer's Services
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A L SHALL NOT make a false/misleading communication about the L or the L's services. A communication is false/misleading if it contains a material misrep of fact/law, or omits a fact necessary to make the statement considered as a whole not materially misleading.
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MR 7.2 Advertising
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(a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded or electronic communication, including public media.
(b) A lawyer shall not give anything of value to a person for recommending the lawyer's services except that a lawyer may (1) pay the reasonable costs of advertisements or communications permitted by this Rule; (2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority; (3) pay for a law practice in accordance with Rule 1.17; and (4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if (i) the reciprocal referral agreement is not exclusive, and (ii) the client is informed of the existence and nature of the agreement. (c) Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm responsible for its content. |
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MR 7.3: Direct Contact w/ Prospective Client
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(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted:
(1) is a lawyer; or (2) has a family, close personal, or prior professional relationship with the lawyer. (b) A lawyer shall not solicit professional employment from a prospective client by written, recorded or electronic communication or by in-person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if: (1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress or harassment. (c) Every written, recorded or electronic communication from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words "Advertising Material" on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2). (d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan. |
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MR 7.4: Communication of Fields of Practice and Specialization
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(a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.
(b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation "Patent Attorney" or a substantially similar designation. (c) A lawyer engaged in Admiralty practice may use the designation "Admiralty," "Proctor in Admiralty" or a substantially similar designation. (d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and (2) the name of the certifying organization is clearly identified in the communication. |
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MR 7.5: Firm Names and Letterheads
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(a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1.
(b) A law firm with offices in more than one jurisdiction may use the same name or other professional designation in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located. (c) The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. (d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact. |
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MR 7.6: Political Contributions to Obtain Government Legal Engagements or Appointments by Judges
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A L/firm shall not accept a government legal engagement or the appointment b ya judge if the L/firm makes political contirbutions or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.
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MR 8.1: Bar Admission and Disciplinary Matters
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An applicant for Bar admission or a L in connection w/ a bar admission application or in connection w/ a disciplinary matter, SHALL NOT:
(a) knowingly make a false statement of material fact; or (b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for info from an admissions or disciplinary authority, except that this rule doesn't require 1.6 protected info |
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MR 8.2: Judicial and Legal Officials
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(a) L shall not make a statement that L knows to be false or w/ reckless disregard to its truth/falsity concerning the qualifications/integrity of a judge, adjudicatory officer, public legal officer, or of a candidate for election/appointment to judicial/legal office.
(b) L who is a candidate for a judicial office shall comply w/ the applicable provisions of the Code of Judicial Conduct. |
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MR 8.3: Reporting Professional Misconduct
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(a) L who knows that another L has committed a violation of the MR that raises a substantial question as to the L's HTF as a L in other respects, SHALL inform the appropriate professional authority.
(b) L who knows that a judge has committed a violation of applicable rules that raises as substantial question as the judge's fitness for office shall inform appropriate authority (c) Does not require disclosure of 1.6 protected info gained by L/judge while participating in an approved L's assistance program |
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MR 8.4: Misconduct
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It is professional misconduct for a L to:
(a) violate/attempt to violate the Rules, knowingly assist/induce another to do so, or do so though acts of another. (b) commit a criminal act that reflects adversely on L's HTF as a L in other respects; (c) engage in conduct involving DFDM (d) engage in conduct that is prejudicial to the admin. of justice; (e) state/imply an ability to influence improperly a government agency or official or to achieve results by means that vioalte the PR; or (f) knowingly assist judge/officer in conduct that is a violation of applicable rules of judicial conduct/other laws. |
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MR 8.5: Disciplinary Authority: Choice of Law
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(a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer's conduct occurs. A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction. A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct.
(b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows: (1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and (2) for any other conduct, the rules of the jurisdiction in which the lawyer’s conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur. |
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MR 1.0(a): Belief
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the person involved actually supposed the fact in question to be true. May be inferred from circumstances
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MR 1.0(b): Confirmed in Writing
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informed consent given in writing by the person or a writing that a L promptly transmits to the person confirming an oral informed consent.
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MR 1.0(c) Firm/Law Firm
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L or L's in a law partnership, professional corp, sole proprietorship or other assoc. authorized to practice law; or lawyers employed in a legal services org. or legal department of a corp.
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MR 1.0(d) Fraud or Fraudulent
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conduct that is fraudulent under the substantive or procedural law of jx and has a purpose to deceive.
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MR 1.0(e) Informed Consent
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agreement by person to a proposed course of conduct a/g L has communicated adequate info and explanation about the material risks/reasonably available alternatives
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MR 1.0(f): Knowingly
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actual knowledge of the fact in question; may be inferred from circumstances
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MR 1.0(h): Reasonable
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conduct of a reasonably prudent and competent L
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MR 1.0(i): reasonable belief
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L believes the matter in question and taht the circumstances are such that belief is reasonable
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MR 1.0(k): screened
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isolation of a L from any participation in a matter through the timely imposition of procedures w/in a firm that are reasonably adequate under the circumstance to protect info that the isolated L is obligated to protected under rules/law
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MR 1.0(l) Substantial
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material matter of clear and weighty importance
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MR 1.0(m): Tribunal
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court, arbitrator in binding arbitration, legislative body, administrative agency, other body acting in adjudicative capacity. This happens when neutral official, after the presentation of evidence or legal argument, will render a binding legal judgment
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Mr 1.0(n): Written
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tangible or electronic record of a communication or representation, including handwritten, typewriting, printing, photostating, photography, audio/video, email. A "signed" writing includes electronic sound, symbol or process attached to or logically assoc w/ a writing and executed/adopted by person w/ in tent to sign the writing.
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Restatement § 9(3): Grabbing and Leaving
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Absent an agreement w/ the firm providing a more permissive rule, a L leaving a law firm may solicit firm C's:
(a) prior to leaving the firm: (i) only w/ respect to firm C's on whose matter the L is actively and substantially working; and (ii) only after the L has adequately and timely informed the firm of the L's intent to contact firm C's for that purpose: and (b) after ceasing employment in the firm, to the same extent as any other nonfirm L. |
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Restatement § 51: Duty of Care to Certain Nonclients
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For purposes of liability under § 48, a L owes a duty to sue care w/in the meaning of § 52 in e/a of the following circumstances:
(1) to a prospective client, as stated in § 15; (2) to a nonclient when and to the extent that (a) the L or (w/ the L's acquiescence) the L's C invites the nonC to rely on the L's opinion or provision of other legal services, and the nonC so relies; and (b) the nonC is not, under applicable tort law, too remote from the L to be entitled to protection; (3) to a nonC when and to the extent that: (a) the L knows that a C intends as one of the primary objectives of the representation that the L's services benefit the nonC; (b) such duty would not sig. impair the L's performance of obligations of the C; and (c) the absence of such a duty would make enforcement of those obligations to the C unlikely; (4) to a NonC when and to the extent that: (a) the L's C is a trustee, guardian, executor, or fiduciary acting primarily to perform similar functions for the nonclient; (b) the L knows that appropriate action by the L is necessary w/ respect to a matter w/in the scope of the rep. to prevent or rectify the breach of a fiducairy duty owed by the C to a nonC, where (i) the breach is a crime/fraud or (ii) the L has assisted or is assisting the breach; and (c) the nonC is not reasonably able to protect its rights; and (d) such a duty would not sig. impair the performance of the L's obligations to the C. |
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Restatement § 68: Attorney-Client Privilege
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Except as otherwise provided in the Restatement, the A-C privilege may be invoked as provided in § 86 w/ respect to:
(1) a communication (2) made b/t privileged persons (3) in confidence (4) for the purpose of obtaining or providing legal assistance for the C |
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Restatement § 75: The Privilege of Co-Clients
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(1) if 2+ persons are jointly represented by the same L in a matter, a communication of either co-client that otherwise qualifies as privileges under §§ 68-72 AND relates to matters of common interest is privileged as against 3rd persons, and any co-C may invoke the privilege, unless it has been waived by the C who made the communication.
(2) unless the co-C have agreed otherwise, a communication described in (1) is not privileged as b/t the co-Cs in subsequent adverse proceedings b/t them. |
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Restatement § 76: Common Interest Privilege
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(1) If 2+ clients w/ a common interest in a litigated or nonlitigated matter are rep. by separate L's and they agree to exchange info concerning the matter, a communication of any such C that otherwise qualifies as privileged under §§ 68-72 that relates to the matter is privileged as against 3rd persons. Any such C may invoke the privilege, unless it has been waived by the C who made the communication.
(2) Unless the C's have agreed otherwise, a communication described in (1) is not privileged as b/t C's described in (1) in a subsequent adverse proceeding b/t them. |
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§ 82: Client Crime or Fraud
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The A-C Privilege does not apply to a communication occurring when a C:
(a) consults a L for the purpose, later accomplished, of obtaining assistance to engage in a C/F or aiding a 3rd person to do so, or (b) regardless of the C's purpose at the time of consultation, sues the L's advice or other services to engage in or assist a C/F. |
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§ 87: L Work-Product Immunity
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(1) Work product consists of tangible material or its intangible equivalent in unwritten or oral form, other than underlying facts, prepared by a L for litigation then in progress or in reasonable anticipation of future litigation.
(2) Opinion work product consists of the opinions or mental impressions of a L; all other work product is ordinary work product. (3) Except for material which by applicable law is not so protected, work product is immune from discovery or other compelled disclosure to the extent stated in §§ 88 (ordinary work product) and 89 (opinion work product) when the immunity is invoked as described in § 90. |
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§ 88: Ordinary Work Product
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When work product protection is invoked as described in § 90, ordinary work product (§ 87(2)) is immune from discovery or other compelled disclosure unless either an exception recognized in § 91-93 applies or the inquiring party:
(1) has a substantial need for the material in order to prepare for trial; and (2) is unable w/o undue hardship to obtain the substantial equivalent of material by other means |
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§ 89: Opinion Work Product
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When work product protection is invoked as described in § 90, opinion work product (§ 87(2)) is immune from discovery or other compelled disclosure unless either the immunity is waived or an exception applies (§ 91-93) or extraordinary circumstances justify disclosure.
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§ 119: Physical Evidence of Client Crime
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With respect to physical evidence of a client crime, a L:
(1) may, when reasonably necessary for purposes of the representation, take possession of the evidence and retain it for the time reasonably necessary to examine it and subject it to tests that do not alter or destroy material characteristics of the evidence; BUT (2) following possession under (1), the L must notify prosecuting authorities of the L's possession of the evidence or turn the evidence over to them. |
