Mpre Code Numbers Review

Front 1

Rule 1.1

Back 1

Client-Lawyer Relationship

Competence

Front 2

Rule 1.2

Back 2

Client-Lawyer Relationship

Scope of Representation and Allocation of Authority Between Client and Lawyer

Front 3

Rule 1.3

Back 3

Client-Lawyer Relationship

Diligence

Front 4

Rule 1.4

Back 4

Client-Lawyer Relationship

Communications

Front 5

Rule 1.5

Back 5

Client-Lawyer Relationship

Fees

Front 6

Rule 1.6

Back 6

Client-Lawyer Relationship

Confidentiality of Information

Front 7

Rule 1.7

Back 7

Client-Lawyer Relationship

Conflict of Interest: Current Clients

Front 8

Rule 1.8

Back 8

Client-Lawyer Relationship

Conflict of Interest: Current Clients: Specific Rules

Front 9

Rule 1.9

Back 9

Client-Lawyer Relationship

Duties to Former Clients

Front 10

Rule 1.10

Back 10

Client-Lawyer Relationship

Imputation to Conflicts of Interest: General Rule

Front 11

Rule 1.11

Back 11

Client-Lawyer Relationship

Special Conflicts of Interest for Former and Current Government Officers and Employees

Front 12

Rule 1.12

Back 12

Client-Lawyer Relationship

Former Judge, Arbitrator, Mediator or Other Third-Party Neutral

Front 13

Rule 1.13

Back 13

Client-Lawyer Relationship

Organization as Client

Front 14

Rule 1.14

Back 14

Client-Lawyer Relationship

Client with Diminished Capacity

Front 15

Rule 1.15

Back 15

Client-Lawyer Relationship

Safekeeping Property

Front 16

Rule 1.16

Back 16

Client-Lawyer Relationship

Declining or Terminating Representation

Front 17

Rule 1.17

Back 17

Client-Lawyer Relationship

Sale of Law Practice

Front 18

Rule 1.18

Back 18

Client-Lawyer Relationship

Duties to Prospective Client

Front 19

Rule 2.1

Back 19

Counselor

Advisor

Front 20

Rule 2.3

Back 20

Counselor

Evaluation for Use by Third Persons

Front 21

Rule 2.4

Back 21

Counselor

Lawyer Serving as Third-Party Neutral

Front 22

Rule 3.1

Back 22

Advocate

Meitorious Claims and Contentions

Front 23

Rule 3.2

Back 23

Advocate

Expediting Litigation

Front 24

Rule 3.3

Back 24

Advocate

Candor toward the Tribunal

Front 25

Rule 3.4

Back 25

Advocate

Fairness to Opposing Party and Counsel

Front 26

Rule 3.5

Back 26

Advocate

Impartiality and Decorum of the Tribunal

Front 27

Rule 3.6

Back 27

Advocate

Trial Publicity

Front 28

Rule 3.7

Back 28

Advocate

Lawyer as Witness

Front 29

Rule 3.8

Back 29

Advocate

Special Responsibilities of a Prosecutor

Front 30

Rule 3.9

Back 30

Advocate

Advocate in Nonadjudicative Proceedings

Front 31

Rule 4.1

Back 31

Transactions with Persons Other Than Clients

Truthfulness in Statements to Others

Front 32

Rule 4.2

Back 32

Transactions with Persons Other Than Clients

Communication with Person Represented by Counsel

Front 33

Rule 4.3

Back 33

Transactions with Persons Other Than Clients

Dealing with Unrepresented Person

Front 34

Rule 4.4

Back 34

Transactions with Persons Other Than Clients

Respect for Rights of Third Persons

Front 35

Rule 5.1

Back 35

Law Firms and Associations

Responsibilities of a Partner or Supervisory Lawyer

Front 36

Rule 5.2

Back 36

Law Firms and Associations

Responsibilities of a Subordinate Lawyer

Front 37

Rule 5.3

Back 37

Law Firms and Associations

Responsibilities Regarding Nonlawyer Assistance

Front 38

Rule 5.4

Back 38

Law Firms and Associations

Professional Independence of a Lawyer

Front 39

Rule 5.5

Back 39

Law Firms and Associations

Unauthorized Practice of Law; Multijurisdictional Practice of Law

Front 40

Rule 5.6

Back 40

Law Firms and Associations

Restrictions on Rights to Practice

Front 41

Rule 5.7

Back 41

Law Firms and Associations

Responsbilities Regarding Law-Related Services

Front 42

Rule 6.1

Back 42

Public Service

Voluntary Pro Bono Publico Service

Front 43

Rule 6.2

Back 43

Public Service

Accepting Appointments

Front 44

Rule 6.3

Back 44

Public Service

Membership in Legal Services Organization

Front 45

Rule 6.4

Back 45

Public Service

Law Reform Activities Affecting Client Interests

Front 46

Rule 6.5

Back 46

Public Service

Nonprofit and Court Annexed Limited Legal Services Programs

Front 47

Rule 7.1

Back 47

Information about Legal Services

Communication Concerning a Lawyer's Services

Front 48

Rule 7.2

Back 48

Information about Legal Services

Advertising

Front 49

Rule 7.3

Back 49

Information about Legal Services

Solicitation of Clients

Front 50

Rule 7.4

Back 50

Information about Legal Services

Communication of Fields of Practice and Specialization

Front 51

Rule 7.5

Back 51

Information about Legal Services

Firm Names and Letterhead

Front 52

Rule 7.6

Back 52

Information about Legal Services

Political Contributions to Obtain Legal Engagements or Appointments by Judges

Front 53

Rule 8.1

Back 53

Maintaining the Integrity of the Profession

Bar Admission and Disciplinary Matters

Front 54

Rule 8.2

Back 54

Maintaining the Integrity of the Profession

Judicial and Legal Officials

Front 55

Rule 8.3

Back 55

Maintaining the Integrity of the Profession

Reporting Professional Misconduct

Front 56

Rule 8.4

Back 56

Maintaining the Integrity of the Profession

Misconduct

Front 57

Rule 8.5

Back 57

Maintaining the Integrity of the Profession

Disciplinary Authority; Choice of Law

Front 58

Judicial Canon 1

Back 58

A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

Front 59

Judicial Canon 2

Back 59

A judge shall perform the duties of judicial office impartially, competently, and diligently.

Front 60

Judicial Canon 3

Back 60

A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.

Front 61

Judicial Canon 4

Back 61

A Judge Or Candidate For Judicial Office Shall Not Engage In Political Or Campaign Activity That Is Inconsistent With The Independence, Integrity, Or Impartiality Of The Judiciary.

Front 62

Rule 1.1

What's it say?

Back 62

Lawyers must be competent to represent client: reqs legal knowledge, skill, thoroughness and preparation reasonably necessary for representation

Front 63

Rule 1.2

What's it say?

Back 63

(A) - Abide by Client's decisions

(B) - Representation does not mean endorsement

(C) - Limit Scope of Representation if reasonable and consent is given by client

(D) - Don't counsel client to engage in or assist in Crime/Fraud

Front 64

Rule 1.3

What's it say?

Back 64

Act with reasonable diligence and promptness in representing a client

Front 65

Rule 1.4

What's it say?

Back 65

(a): Lawyers Shall...

(1): Inform client of decision/circumstance where consent is required

(2): Consult client

(3): Inform client of status

(4): Comply with reasonable requests for info

(5): Consult with client about lawyer's limitations

(b): Explain to extent reasonably necessary for Client to make informed decisions

Front 66

Rule 1.5(a)

What's it say?

Back 66

(a): Lawyer shall not make unreasonable fee agreement. Factors:

(1) Time, labor required, novelty, difficulty

(2) Likelihood that acceptance of job precludes other jobs of lawyer

(3) Fee customarily charged for similar services

(4) Amount involved/Results obtained

(5) Time limitations imposed by client or circumstances

(6) nature and length of prof. relat. w/ client

(7) experience, reputation, ability of lawyer

(8) whether fee is fixed or contingent

Front 67

Rule 1.5(b)

What's it say?

Back 67

(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.

Front 68

Rule 1.5(c)

What's it say?

Back 68

(c) A fee may be contingent except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. Shall be in a writing signed by the client and shall state the method by which the fee is to be determined, whether such expenses are to be deducted before or after the contingent fee is calculated, and clearly notify client of any expenses for which the client will be liable regardless if client wins. Upon conclusion, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is recovery, showing remittance to client and method of determination.

Front 69

Rule 1.5(d)

What's it say?

Back 69

(d) A lawyer shall not enter into an arrangement for, charge, or collect:

(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof;

or (2) a contingent fee for representing a defendant in a criminal case.

Front 70

Rule 1.5(e)

What's it say?

Back 70

(e) A division of a fee between lawyers who are not in the same firm may be made only if:

(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;

(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and

(3) the total fee is reasonable.

Front 71

Rule 1.6(a)

What's it say?

Back 71

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

Front 72

Rule 1.6(b)

What's it say?

Back 72

(b): Lawyer may reveal client info if they reasonably believe it's necessary:

(1) prevent death or substantial bodily harm (2) prevent client commit crime/fraud reasonably certain to result in substantial injury to financial or property interest of another and in furtherance of lawyers services (3) prevent/mitigate/rectify subst. injury to harm in (2) -- (4) secure legal advice about lawyer's compliance with the rules (5) estab. claim or defense on behalf of lawyer (6) comply with law or court order (7) detect and resolve conflicts of interest from arising but only if info wouldn't prej client/atty-client

Front 73

Rule 1.6(c)

What's it say?

Back 73

(c) Lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

Front 74

Rule 1.7(a)

What's it say?

Back 74

(a) Except as provided in paragraph (b), a lawyer shall not rep. a client if the rep. involves a concurrent conflict of interest, which 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.

Front 75

Rule 1.7(b)

What's it say?

Back 75

(b) Notwithstanding existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) Lawyer reasonably believes that able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) doesn't involve 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.

Front 76

Rule 1.8(a)

What's it say?

Back 76

(a) No business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to client unless:

(1) the transaction/terms are fair, reasonable and fully disclosed/transmitted in writing in manner that can be reasonably understood by the client;

(2) client advised in writing of desirability and give reasonable opp. to seek the advice of indep. legal counsel on the transaction; and

(3) the client gives informed consent, in a writing signed by the client, to the essential terms & lawyer's role.

Front 77

Rule 1.8(b)

What's it say?

Back 77

(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.

Front 78

Rule 1.8(c)

What's it say?

Back 78

(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.

Front 79

Rule 1.8(d)

What's it say?

Back 79

(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.

Front 80

Rule 1.8(e)

What's it say?

Back 80

(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.

Front 81

Rule 1.8(f)

What's it say?

Back 81

(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.

Front 82

Rule 1.8(g)

What's it say?

Back 82

(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.

Front 83

Rule 1.8(h)

What's it say?

Back 83

(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.

Front 84

Rule 1.8(i)

What's it say?

Back 84

(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.

Front 85

Rule 1.8(j)

What's it say?

Back 85

(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.

Front 86

Rule 1.8(k)

What's it say?

Back 86

(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.

Front 87

Rule 1.9(a)

What's it say?

Back 87

(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.

Front 88

Rule 1.9(b)

What's it say?

Back 88

(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.

Front 89

Rule 1.9(c)

What's it say?

Back 89

(c) A lawyer who formerly rep'd a client in a matter or whose present/former firm has formerly rep'd a client in a matter shall not thereafter:

(1) use info relating to the rep. to the disadvantage of the former client except as these Rules would permit or req. with respect to a client, or when the info. has become generally known; or

(2) reveal info relating to the rep. except as these Rules would permit or require with respect to a client.

Front 90

Rule 1.10(a)

What's it say?

Back 90

(a) Firm Lawyers: none shall knowingly represent a client when any one of them practicing alone would be prohib. from rep by Rules 1.7 or 1.9, unless:

(1) prohib is based on a personal interest of the disqualified lawyer and does not present a significant risk of materially limiting the representation

(2) prohib = based upon Rule 1.9(a) or (b) & arises out of the disqual. lawyer’s association with a prior firm, and (i) lawyer is timely screened and (ii) written notice given to affected former clients, (iii) certifications given

Front 91

Rule 1.10(b)

What's it say?

Back 91

(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.

Front 92

Rule 1.10(c)

What's it say?

Back 92

(c) Disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7

Front 93

Rule 1.10(d)

What's it say?

Back 93

(d) Disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule 1.11

Front 94

Rule 1.11(a)

What's it say?

Back 94

Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government: is subject to Rule 1.9(c); and 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 representative.

Front 95

Rule 1.11(b)

What's it say?

Back 95

(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.

Front 96

Rule 1.11(c)

What's it say?

Back 96

(c) Except as otherwise expressly permit, a lawyer having info that the lawyer knows is confidential govt info about a person acq. when the lawyer was a public officer or employee, may not rep a private client whose interests are adverse to that person in a matter in which the info could be used to the material disadvantage of that person. 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.