Rules Of Professional Conduct

Front 1

Rule 2.1

Back 1

ADVISOR
-Independent professional judgment; candid advice; can consider moral and other factors that may be relevant.

Front 2

Rule 2.3

Back 2

EVALUATION FOR USE BY THIRD PARTIES
(a) May provide data to third parties if compatible w/ client relationship
(b) Informed consent if material issue or impact from evaluation.
(c) Information from Evaluation is protected by MR 1.6

Front 3

Rule 2.4

Back 3

LAWYER SERVING AS THIRD-PARTY NEUTRAL
(a) is a 3rd party neutral if helping two persons, not clients, reach a resolution, such as when arbitrator or mediator.
(b) Make sure unrepresented parties know you do not represent them.

Front 4

Rule 3.1

Back 4

MERITORIOUS CLAIMS AND CONTENTIONS
Lawyer shall not bring or defend a procedding, or assert an issue therein, unless has basis in law and fact and is not frivolous.

Front 5

Rule 3.2

Back 5

EXPEDITING LITIGATION
L make reasonable efforts to expedite litigation consistent with interests of C.

Front 6

RULE 3.3

Back 6

CANDOR TOWARD THE TRIBUNAL
(a) Lawyer shall not knowingly:
(1) make false statement of material fact or law, (2) fail to disclose legal authority known to be directly adverse to C and not disclosed by opposing counsel; (3) offer false evidence or testimony.
(b) L who knows tha a person intends to engage in tampering with proceeding must take remedial measures, including disclosure to court.
(c) duties in (a) and (b) apply till end of proceeding
(d) Disclose known facts from ex parte proceedings that will enable tribunal to make informed decision, whether or not the facts are adverse.

Front 7

RULE 3.4

Back 7

FAIRNESS TO OPPOSING PARTY AND COUNSEL
A lawyer shall not:
(a) hide or destroy documents or obstruct opposing party's access;
(b) falsify evidence
(c) Knowingly disobey an obligation;
(d) in pre-trial, make frivolous discovery request or fail to comply with one;
(e) introduce opinion or raise irrelevant issues;
(f) advise third parties not to give information unless:
(1) the person is a relative or an employee or other agent of client
(2) lawyer reasonably believes that the person's interests will not be adversely affected by not giving info.

Front 8

RULE 3.5

Back 8

IMPARTIALITY AND DECORUM OF THE TRIBUNAL
A lawyer shall not:
(a) Try to bribe judge or fix the jury
(b) Communicate ex parte w/ judge or jury unless authorized
(c) talk to jurors or prospective juror after discharge if:
(1) court or law prohibits
(2) juror doesnt want to talk
(3) communication involves misreps, coercion, duress.
(d) engage in conduct intended to disrupt court.

Front 9

RULE 3.6

Back 9

TRIAL PUBLICITY
(a) L shall not make prejudicial statements to media
(b) Notwithstanding (a), L may state:
(1) the claim, offense or defense involved, the identity of persons involved (if allowed)
(2) info that is public record
(3) that an investigation is underway
(4) scheduling or result of step in litigation
(5) requests for help obtaining evidence
(6) a warning of danger of person involved unless public safety
(7) in a criminal case, in addition to (1) through (6):
(i) the identity, residence, occupation, and family status of the accused;
(ii) info necessary to catch accused
(iii) Fact, time and place of arrest;
(iv) identify of arresting officers and agencies
(c) notwithstanding (a) L can make any statement to counteract negative publicity

Front 10

RULE 3.7

Back 10

LAWYER AS A WITNESS
(a) L cannot represent C if he will be a W unless:
(1) testimony relates to uncontested issue;
(2) testimony relates to legal services rendered;
(3) DQ of L would be hardship on C
(b) A L may advocate in a trial in which another L in firm is likely to be called as a W unless precluded from doing so by 1.7 or 1.9.

Front 11

RULE 3.8

Back 11

SPECIAL RESPONSIBILITIES OF A PROSECUTOR
Prosecutor shall:
(a) refrain from charging without probable cause;
(b) make sure D knows he can have L
(c) dont seek waiver of rights from unrepresented D;
(d) timely discovery to D
(e) dont subpoena a L about a client unless:
(1) info sought is not protected from disclosure
(2) evidence is essential
(3) no other alternative
(f) don't brag about winning or anything else
(g) when P finds new evidence exculpating a D, P shall:
(1) promptly disclose to appropriate court
(2) if the conviction was obtained in P's jurisdiction:
(i) promptly disclose evidence to D, and
(ii) further investigate whether D committed offense
(h) if by clear and convincing evidence, P should remedy wrongly convicted persons.

Front 12

RULE 3.9

Back 12

ADVOCATE IN NONADJUDICATIVE PROCEEDINGS
Disclose that youre a L.

Front 13

RULE 4.1

Back 13

TRUTHFULNESS IN STATEMENTS TO OTHERS
When representing a C, a L shall not knowingly:
(a) make false statement of material fact;
(b) fail to disclose a material fact needed

Front 14

RULE 4.2

Back 14

COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL
Dont talk to someone who has their own L unless court order or OK by other lawyer.

Front 15

RULE 4.3

Back 15

DEALING WITH UNREPRESENTED PERSON
Make sure to inform unrepresented person you are L and they should obtain counsel.

Front 16

RULE 4.4

Back 16

RESPECT FOR RIGHTS OF THIRD PERSONS
(a) don't needlessly embarass persons
(b) notify sender of items sent in error

Front 17

RULE 5.1

Back 17

RESPONSIBILITIES OF PARTNERS, MANAGERS, AND SUPERVISORY FIRMS
(a) Partners take reasonable efforts that all Ls in firm comply with MR
(b) Supervisors do the same to their subordinates;
(c)A L is responsible for another L's violation of conduct if:
(1) L orders or ratifies the conduct;
(2) Knows but does not mitigate or take remedial action

Front 18

RULE 5.2

Back 18

RESPONSIBILITIES OF A SUBORDINATE LAWYER
(a) L bound by MR regardless of instructions
(b) Not in violation if following orders on a reasonable judgment call.

Front 19

RULE 5.3

Back 19

RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS
(a) Make sure nonlawyers in firm comply with L conduct
(b) Supervisor of non-L shall make sure they act right
(c) A L is responsible for non-L's violation of rules if:
(1) the L orders, or ratifies conduct
(2) Knows but does not mitigate

Front 20

RULE 5.4

Back 20

PROFESSIONAL INDEPENDENCE OF A LAWYER
(a) A L or firm shall not share fees with non-L, except:
(1) payments over periods of time to dead L's estate
(2) payments to deceased L's estate bc L purchased his practice
(3) firm employees in retirement plan
(4) may share awarded legal fees w/ non-profit client
(b) shall not partner with non-L if they will practice law;
(c) Cannot allow client to direct your prof judgment
(d) Cannot practice for corporation or LLC if:
(1) a non-L owns a piece of the business
(2) A non-L is a director/officer
(3) A non-L has right to direct or control L's judgment

Front 21

RULE 5.5

Back 21

UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW
(a) cannot violate or assist in violation of local rules
(b) if not admitted to practice in jurisdiction, cannot:
(1) open an office or practice for continuous operation
(2) Hold out as licensed to practice there
(c) A L can work temporarily out of jurisdiciton if:
(1) works with a local counsel
(2) Connected to the case
(3) ADR related to case in your jurisdiction
(4) are not within (2) or (3) but still related to your practice
(d) May provide legal services out of area if:
(1) your client has a presence there and it is for your client
(2) in compliance with federal laws and local laws

Front 22

RULE 5.6

Back 22

RESTRICTIONS ON RIGHT TO PRACTICE
A L shall not participate in offering or making:
(a) employment arrangement that restricts to practice law upon termination.
(b) termination of right to practice is element of settlement in a client's controversy

Front 23

RULE 5.7

Back 23

RESPONSIBILITIES REGARDING LAW-RELATED SERVICES
(a) L is subject to these rules if the law-related services are provided:
(1) by L normally or
(2) performed by any entity the L controls
(b) Services could legally be performed by a non-L.

Front 24

RULE 6.1

Back 24

VOLUNTARY PRO-BONO PUBLICO SERVICE
Should try to do 50 hours per year.
(a) most of 50 hours to:
(1) poor people
(2) charitable organizations
(b) provide additional services through:
(1) no-fee service to rights organizations
(2) reduced fees to poor people
(3) activity to improve the law and legal system
L should also donate to organizations that provide legal services for indigents.

Front 25

RULE 6.2

Back 25

ACCEPTING APPOINTMENTS
Don't seek appointment if doing so would lead to:
(a) violation of MR
(b) Unreasonable financial burden to L
(c) Case is repugnant and would effect L's performance

Front 26

RULE 6.3

Back 26

MEMBERSHIP IN LEGAL SERVICES ORGANIZATION
L can serve as officer or member of a legal services organization, even if it has interests adverse to client as long as:
(a) dont make decision on matters that would be in conflict with your duties to clients
(b) Would not make decision that is adverse to org.'s client on behalf of your client, who's interests are adverse.

Front 27

RULE 6.4

Back 27

LAW REFORM ACTIVITIES AFFECTING CLIENT INTERESTS
May serve in organization that reforms the law, but when law is changed to benefit a client, L must disclose such benefit.

Front 28

RULE 6.5

Back 28

NONPROFIT AND COURT-ANNEXED LIMITED LEGAL SERVICES PROGRAMS
(a) L that provides short-term non-continuing legal services then you are:
(1) subject to 1.7 and 1.9(a) only if L is aware of COI
(2) Subject to 1.10 only if knows that another lawyer in firm is subject to disqualification under 1.7 or 1.9(a)

Front 29

RULE 7.1

Back 29

COMMUNICATIONS CONCERNING A LAWYER'S SERVICES
No false or misleading statements and no leaving out a fact so it won't be materially misleading.

Front 30

RULE 7.2

Back 30

ADVERTISING
(a) Subject to 7.1 and 7.3, may advertise
(b) No gifts to people who refer business except:
(1) pay reasonable advertising costs
(2) pay usual fee to qualified L referral service
(3) pay for a law practice complying with 1.17
(4) refer clients to another L with reciprocal referral arrangement if:
(i) the agreement is not exclusive;
(ii) the C is informed of the existence and nature of agreement
(c) Communications must have name of L

Front 31

RULE 7.3

Back 31

SOLICITATION OF CLIENTS
(a)Cannot directly contact a prospective C unless:
(1) C is a L
(2) has a family or personal relationship to L
(b) No calls, emails, to prosp. C if:
(1) Target made known to not contact him,
(2) Solicit. involves coercion/harassment.
(c) All envelopes, mails, etc. muts begin and end with "advertising material"
(d) May part. w/ prepaid legal service plan operated by an org. not owned by L, and L will not be the one providing legal services.

Front 32

RULE 7.4

Back 32

COMMUNICATION OF FIELDS OF PRACTICE AND SPECIALIZATION
(a) Can communicate that L does not practice specific area of law.
(b) Patent Attorneys
(c) Proctor in Admiralty
(d) Cannot claim specialist unless:
(1) certified by State or ABA, and
(2) certifying org. is clearly identified.

Front 33

RULE 7.5

Back 33

FIRM NAMES AND LETTERHEADS
(a) no use of firm name that violates 7.1 or implies public, gov't or charitable affiliation.
(b) OK to list all locations where practices are located but must say who practices where.
(c) No mention of a firm member who holds public office.
(d) No implied affiliation with firm unless exists.

Front 34

RULE 7.6

Back 34

POLITICAL CONTRIBUTIONS TO OBTAIN GOVERNMENT LEGAL ENGAGEMENTS OR APPOINTMENTS BY JUDGES
Cannot accept court appointed or govt jobs if you make contributions designed to solicit same.

Front 35

RULE 8.1

Back 35

BAR ADMISSION AND DISCIPLINARY MATTERS
Applicant for bar admission or L involved in disciplinary proceeding shall not:
(a) make false statement
(b) Fail to disclose facts necessary to correct a misapprehension known by the person to have arisen in the matter, or fail to respond to demand for info.

Front 36

RULE 8.2

Back 36

JUDICIAL AND LEGAL OFFICIALS
(a) L shall not make rumors or lies about judges
(b) L that is candidate for judicial office must comply with COde of Jud. COnduct.

Front 37

RULE 8.3

Back 37

REPORTING PROFESSIONAL MISCONDUCT
(a) L that knows other L has violated M.R. that raises a substantial question as to the L's honesty, trustworthiness, or fitness as a L, shall inform the appropriate authority.
(b) Same for judges
(c) Don't disclose if info is protected by 1.6.

Front 38

RULE 8.4

Back 38

MISCONDUCT
It is misconduct to:
(a) violate, attempt to violate, or help someone else violate MRs.
(b) commit crim act that reflects adversely on your honesty/trustworthiness.
(c) dishonesty, fraud, deceit, or misrepresentation.
(d) engage in conduct prejudicial to admin. of justice;
(e) state or imply you influence a government agency/official.
(f) Help judge break Jud. code of conduct.

Front 39

RULE 8.5

Back 39

DISCIPLINARY AUTHORITY; CHOICE OF LAW
(a) L subject to disciplinary laws of jurisdiction he practices in, regardless of where conduct occurs. Also subject to this jurisdiction if L is practicing here when violation occurs. Can be subj to discipline in both jurisdictions.
(b) Choice of Law. The rules to be applied are as folllows:
(1) conduct in connection with matter before court, rules of jurisdiction in which court sits applies; and
(2) other conduct, rules of jurisd. where conduct occurs or primarily has effect shall be applied.