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Rule 7.1: Communication Concerning a Lawyer's Services
You can't make false or misleading communications about your services.
When is a communication false and misleading?
When it contains a material misrepresentaiton of fact or law, or omits a fact necessary to make the statement not materially misleading.
Rule 7.2 Advertising
You may advertise through written, recorded, and electronic communication. You can't give anything of value for someone recommending your services except to pay the costs of advertising or costs of the non-profit referral service. You may also have non exclusive reciprocal referal with other lawyers, as long as you tell your clients about it. You must also put the name and address of the lawyer or law firm responsible for the ad in the ad.
Rule 7.3 Direct contact with prospective clients
A lawyer can't make in person, live telephone, or realtime electronic contact with a potential client for pecuniary gain unless it's a lawyer, family member, close personal friend, or you had a prior professional relationship with them. You also cannot contact either in person or in writing if the prospective clients has asked you to leave them alone or if you are harassing them. Must also include the term "advertising material" in all your non prohibited solicitations.
What is the central hudson test?
Restriction on truthful commercial speech must demonstrate that the government interest is substantial, the regulation directly advances the interest, and the regulation is not more extensive than necessar to serve the interest. (strict scrutiny)
Rule 7.4: Communication of fields of practice and specilazation
A lawyer may communicate that they do or do not practice in a particular field of law. can't say you're certified unless you're certified by an aba approved org. Must also name the certifying org.
Rule 7.5 Firm Names and Letterheads
Firm name can't be misleading. Can't claim partnership if you aren't actually partners. Can't use name of lawyer holding public office.
Rule 1.1: competence
What is competent representation?
Lawyers shall provide competent representation to clients. Comptent representation is the required legal knoweldege, skill, thoroughness, and preparation reasonably necessary for the represetnation.
Rule 1.3: Diligence
A lawyer shall act with reasonable diligence and promptness in representing clients.
Rule 3.1: Meritorious claims and contentions
A lawyer shall not bring or defend a proceeding unless there is a basis in law and fact that is not frivious, including a good faith argumetn for modification of existing law. Crim law exception: even if there is no merit, can still represent by attempting to disprove elements.
What are rule 11 sanctions?
Rule 11 requires everything to be signed (seem familiar, dear?) if you say something false in something you signed then you can be sanctioned
Can a lawyer recover if they are fired midway through litigation? What is the california rule?
Yes, on the theory of quantum meriut (value of services rendered) California rule says that you can only recover if the client recovered.
Rule 1.16: Declining or terminating representation
- You must withdrawl if representation would violate professional conduct, you are incapacitated or you are fired. You may withdrawl if you can do so without adverse effect on client, the client is acting in a criminal or fradulent manner, they used your services for crime or fraud, their cause is repugnant, it will result in an unreasonable financial burden, or the client fails to fulfill an obligation. Also an other good cause catchall.
- When withdrawing, must protect clients intrests reasonbly.
Rule 6.1: voluntary pro bono public service
All lawyers must either give 50 hours of free representation to indigent defendants or donate to access to legal services funds.
rule 1.5 Fees
Fees must be reasonable.Scope of the representation must be communicated to the client, preferably in writing (congingent must be in writing) Fees can be contingent except where prohibited by law (such as criminal cases, divorce) Fees may only be shared between lawyers in proportion to the work they did (client must also agree to the split)
What are the factors for reasonableness in fees?
- Time and Labor
- Novelty and diffuclity
- Skill required
- Precludes other employment
- Customary fee
- Amount involved
- Limits on time
- Nature of relationship
- Experience and reputation
- Fixed or contingent
- Tigers Nail Sox! Prince, Cabrera, Avila Look Nice Every Fall.
Retaining Liens vs. Charging Liens
Retaining liens mean you hold on to client's property, Charging lien means you have right to charge them if they don't pay.
Rule 1.15 safekeeping property
Must keep clients property held in your feduciary capacity seperate from your own property, cannot comingle. Must hold funds in a bank in your own practice state. Must promptly distribute property and funds that people are entitled to receive. Must keep thorough records, must keep them for 5 years after end of representation
Rule 1.2: Scope of representation and allocation of authority between client and lawyer
Lawyer must abide by decisions of client concerning objectives of representation. (e.g. settling, taking a plea) Lawyer does not endorse clients views. lawyer may limit scope if resaonable and client consents. Lawyer can't help engage in criminal or fraudlent conduct.
rule 1.4 communication
A lawyer should inform the client of anything required of informed consnet, consult with the client about objectives, keep client up to date, comply with requests for information, explain matters to best of abilty, and tell client about ethical restrictions.
Rule 5.5 Unauthorized practice of the Law
A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession or assist another to do so. A laweyr who is not admitted to practice in a jurisdiction shall not establish an office, hold self out to be a lawyer. Lawyers licensed in one state may work with a co-lawyer from another jurisdiction when authorized by law or court order to appear. Can practice in other states as long as you don't appear in court.
What are the steps in the attorney disciplinary process?
Attorney Greviance commission investigates and prosecutes greviences. The attorney discipline board hears the formal charges and passes sentence, with sanctions including reprimands, suspensions, and disbarments. the supreme court of the state may then hear an appeal, but is not required to.
Rule 1.6: confidentality of information
- you can't reveal information related to representation, obtained from any source, unless the client consents, it's impliedly authorized, it will prevent reasonably certain death or substantial bodily harm, prevent a reasonably certain substantial injury to the financial or property interests of others if your services were used, or to rectify any injury to property or finances that the client already used your services for.
- You can also get legal advice , use the information to collect a fee, or comply with other laws.
rule 1.18 Duties to Prospective Client
You can't represent someone if you have confidential information about the person they're opposing from a potential representation. Prospective clients are treated like former clients.
Explain attorney client privlidge
An evidentary privlidge that only arises in litigation, prevents the lawyer from being forced to be reveal any confidences that the client shared with them, either through testimony or subpoena, only applies if the information was only shared between attorney/client with no third party present.
What's the crime fraud exception?
You can't assert attorney client privlidge if your services were used for a crime or fraud.
What is the meredith evidentary rule?
A lawyer may inspect a crime scene, and that's privlidge. if the lawyer disturbes the scene, though, the privlidge is lost
What is the rule from washington v. olwell regarding evidence
Physical evdience must be turned over after a reasonable time, as well as documents used to perpetrate the crime (ransom notes, plans, etc)
What is the subject matter corporation test?
Any communication made for rendering services to corporate personell relating to employment is privlidge from any person associated with the company.
What is the control group test?
All communications regarding services are privlidge where th person has managerial responsibilty in the legal problem.
Rule 3.3 Candor towards the tribunal
You can't make a false statmetn of fact or law, cant' fail to disclouse controlling legal authority, even if directly adverse, can't officer false evidence or allow false testimony. If client is defrauding court, must take remedial measures, including disclosure. Duty lasts until conclusion of proceeding (final judgement affirmed, aquitted, or time for review passed)
What is the rule in an ex parte proceeding?
Must disclose all facts, whether adverse or not.
Rule 3.2 Expediting litigation
must make efforts to expeditate ligitaiton consistent with clients interests.
Rule 3.4: fairness to opposing party and counsel
You can't obstruct another's access to evidence, have another person do so, can't falsify evidence or testimony, can't put your words into clients mouth, can't disobey obligation to tribunal, can't make frivilous discovery requeists or fail to comply with legally proper discovery requests. Can't refer to irrelevent matters, inadmissible evidence, use personal knowledge or state opinions. Can't ask another party to not testify or share information unless a relative of client and you think their interests will not be adversely effected.
Rule 3.5: Impartiality and decorum of the tribunal
Cant' try to influence judges or jury, can't communicate with them out of court, can't talk to jurors after if court prohobits it, they don't want to talk, or it invovled harassment. Can't disrupt the court.
Rule 3.6 Trial Publicity
lawyer can't make extrajudicial stamenets that might prejudice the proceedings, can only state bening facts, public record, procedure, or make warnings. May make statemetns to mitigate prejudice started by other parties. Can't circumvent the rule via a third party.
Rule 3.7: Lawyer as Witness
May not advbocate in matters where you're a witness, unless the issue is uncontested, about your attorney fee, or your disqualification would be a hardship to client. Does not apply to lawyers in your firm unless it owuld be improper conflict of interest.
Rule 3.8: duties of a prosecutor
Can't prosecute unless there's probable cause, must make sure they're advised of rights, can't seek to get waiver from unrepresnted individuals, must disclose excuplatory evidence. cant use subpoena for privlidge information, can't make prejudicial extrajudicial statemnets.
Rule 3.9 Legislative and administratve proceedings
The rules of professional conduct apply to lawyers even in administrative and legislative settings.
Rule 4.1: Transactions with persons other than clients
Laweyrs shall not make false statemtns to third parties in course of representign a client, or fail to disclose a material fact to avoid assisting a in a crime or fraud.
Rule 4.2 Communications with persons represented by counsel
In represetning a client, you shall not communate about the subject of representiaotn with a person you know is represtend by another lawyer unless you're authoirzed to do so by the other lawyer or the court.
rule 4.3: Dealing with Unrepresented persons
You shall not make unrepresented persons think that you are a disinterested party, you must make reasonable efforts to make sure they know your role in the case.
Rule 4.4 Respect for the rights of third persons
You shall not use means to embarass, delay or burden third parties or obtain evidence aginst their legal rights, if you get a document you shouldnt' have gotten, you must notify the sender.
Rule 1.7a: conflicts between current clients
Shall not represent a client if representaiton involves a concurrent conflict. A concurrent conflict exists where the representation of one client will be DIRECTLY ADVERSE to another client or there is SIGNIFICANT RISK that the representation of one or more clients will be MATERIALLY LIMITED by the lawyers responsibitlies to another client, former client, third person, or personal interest.
What are the four prongs of 1.7b (Conflicts)
Must be reasonable that the lawyer can represent both clients with equal loyalty, the representation must not be prohibted by law, the concurrent representation can not involve both sides of a claim in the same case, and even if met, the lawyer must still get written, informed consent.
What is informed consent
the client must be made aware of relevet circumstances and mateiral and reasonably forseeable ways that the conflict could have adverse effects on their interests.
Rule 1.8Business transactions with clients
You shall not enter into a business transaction with a client or knowingly acquire ownerhsip interest adverse to a clinet unless, the terms are fair and reasoanbly in writing, the client is advise in writing do seek outside counsel, and the client gives informed consent in writing. Also can't use client information to their disadvantage. Can't solicit gifts, get literary rights, or provide financial aid to client, or accept 3rd party payment of fees without consent. Can't represent multiple parties in criminal case without consent, can't limit malpractice liability with unrepresented person, get a property interest in ligitgation (other than contingent fee) engage in a sexual relationship, or do anyt of these things if another lawyer in your firm's cilents.
Rule 1.9a Conflicts with Former Clients
A lawyer who formerly represnted a client shall not represent another person in the same or substantially related matter in which that persons interstr are materially adverse unless there's written, informed consent. Same rule applies when a laywer leaves a firm. Can't use the infromation to disadvantage the former client or reveal information relating to representation.
Rule 1.10: Imputation of conflicts of interests
Can't work in situations where a fellow member of the law firm has a conflict, unless it's based on their perosnal interest. Can be waived. Applies to former governmetn lawyers.
Rule 1.11 Special conflict provisions for governmetn lawyers
former governmetn attorneys can't represent client in matter in which the lawyer participated personally and substantially unless government agency consents. Lawyer can be screened off and allow new firm to represent that client.
Rule 1.12: former judge, arbitrartor, mediator, or other third party neutral
Former judge can't be a lawyer in an issue they had a substnantial and personal participation without informed consent in writing.
Rule 1.13: Orgs as clients
A lawyer retained by an organization represetns the organization. lawyer must proceed as reasonably neceesary in teh best interst of hte organization. Must use remedial internal remedies, asking for reconsideration, advisign a seperate legal opinion be obtained, and refer the matter to a higher authority. If all else fails, may reveal information related to the representation to prevent substantial harm.
Rule 1.17: sale of a law practice:
Must be retiring, relocating, or giving up that area of law. Must sell to lawyers, must sell all cases in one lump. Buyer must be competent, confidnetiality protected, fee can't increase, 90 day notice.
Rule 5.1 Duty of supervisory lawyers:
Partner in superviror rume must make efforts to give reasonbable assurances that all lawyers are conforming to rules of professional conduct.
Rule 5.2 Responsibitlies of a subordinate lawyer
Lawyer is bound by the rules of professional conduct not withstanding the laweyr acted at direct of anotehr person. If ethical violation is debatable, may defer to superor's judgement.
Rule 5.3: Responsibitlies regarding nonlawyer assistants
Partner/mamager must make sure measures in effect that give assruance that conduct of non lawyer assistants is compatible with professional oblgigations of lawyer.
Professional Independence of Lawyer
Laweyr shall not share fees with non lawyer except for earned attoney fees to estate, purchase price of deceased practice, retirement or profit sharing for employees, non-profit organization. Shall not form partnership with non laweyr if partnership involves law practice. Shall not permit a person to direct lawyers judgemnt , non lawyers can't have a finaincial stake or control of a lawfirm.
Rule 5.6: Restrictiosn on right to practrice
Lawyer shall not participat ein offering or making non compete agreement with lawyer.
Rule 5.7: Responsibitles regarding law related services:
lawyer is subject to RPC even though they aren't acting as lawyers if the services are related to legal services or the client doesn't know they're non legal services.
Rule 2.3: Evaluations for use by third persons
You may provide an evaluation of a matter effectin a client for someone other than a client if you reasonably believe that makign the evaluation is compatible with other aspects of your relatinship with the client. Can't do it if it will materally and afversely effect your client without informed consent.
Rule 8.1: Maintaining the integrity of the profession
applicant to bar shall not make a false statement of fact, fail to dislcose a necessary fact, or fail to respond to a lawful demand for information.
Rule 8.2: Judicial and Legal Officials
You shall not make a statement either false or with reckless disregard concerning the intergrity of a judge, judicial officer, or legal officer.
Rule 8.3: Reporting Professional Misconduct
A lawyer who knows anotehr laweyr has commited a violation of the RPC that raises substantial question as to that lawyer's honest, trustworthiness, or fitness as a lweyr in other respects shall inform the approprate professional agency. Same rule for Judges. Don't have to disclose confidential informaiton
Rule 8.4: Misconduct
Can't violate the rules of professional conduct, commit a criminal act that reflects adversely on laweyr's honest, or engage in dishonesty, fraud, deceit or misrepresentiation
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