ABA Model Rules of Professional Conduct
Terms in this set (96)
1.1: Client-Lawyer relationships
A lawyer shall provide competent representation to a client. Competent representation requires legal knowledge, skill, thoroughness and preparation reasonably necesssary for representation
fraud: fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.
informed consent: agreement by person to conduct after lawyer gives adequate info and explains mat risks / reas. alternatives
1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer
(a) abide by C's decision for obj. of rep, per 1.4 consult w/ C for means to accomplish. Must listen for when to settle
crim: client's decision to settle/ waive J trial, if C wants to testify
(b) rep ≠ endorsement of the client's political, economic, social or moral views or activities.
(c): may limit the scope of the rep if the limitation is reas under the circ and the client gives informed consent.
(d) no counsel a C to engage/ assist a C, in conduct that the lawyer knows is criminal or fraudulent,
but a lawyer may discuss the legal consequences of conduct with C and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.
A lawyer shall act with reasonable diligence and promptness in representing a client.
A lawyer shall:
1. promplty inform the client of any decision or circumstance with respect to which the client's informed consent is required.
2. reasonably consult.. about the means by which the client's objectives are to be accomplished.
3. keep the client reasonably informed about the status of the matter
4. promptly comply with reasonable requests for information;
5. consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
(b) A lawyer shall explain a matter to the extent reasonably necesssary to permit the client to make informed decisions regarding representation.
(a) A lawyer shall not make agreement for, charge, or collect unreasonable fee or an unreasonable amount for expenses. Non-exclusive factors:
1. the time and labor, the novelty and difficulty , and the skill;
2. the liklihood, the acceptance will preclude other employment;
3. fee charged in the locality for similar services;
4. amount involved / results obtained;
5. time limit imposed by the client / by circ;
6. nature / length of prof. rel with client;
7. the exp., rep., and ability of the lawyer or lawyers performing the service; and
8. fee is fixed or contingent?
scope of rep, basis/rate of fees& expenses must be communicated, preferb. in writing, before /w/in reas. period of time after commencing rep. (cept. when lawyer will charge same rate) Any change must tell client.
may have contingent fee unless prohibted by law OR 1.5(d) (crim /DR exceptions).
must be sgined by the client, method to determine, percentage, deduct expenses before or after contingent fee
must clearly notify client of fees which will be deducted
must give 'final accountin'
1.5(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
(2) a contingent fee for representing a defendant in a criminal case.
divide fee between lawyers of different firms if:
1) the division is in proportion to the services OR
joint responsibility for the representation;
(2) the client agrees to the arrangement (incl. percentage pay) , and writing; and
(3) the total fee is reasonable.
1.client is entitled to fair terms, fully disclosed in a manner understandable to client
2. clear explanation of terms in writing,
3. written encouragement to seek advice of indi lawyer before 4. the client agrees in writing, essential terms of contract and lawyer's role.
no proprietary interest in the ...litigation the lawyer is conducting for a client, except:
(1) lien authorized by law to secure the lawyer's fee or expenses; and
[can be subject to 1.8(a)]
(2) contract with a client for a reasonable contingent fee
1.8(e) financial assistance
(e) no financial assistance to a client in connection with pending or contemplated litigation, except that:
(1) advance court costs and expenses of litigation, contingent on winning
(2) may pay court costs and expenses of litigation on behalf of indigent client.
1..8(d) before end of rep., no agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the rep.
to accept compensation from 3rd party
(1) Client's informed consent;
(2) independence of professional judgment and with the client-lawyer relationship; and
(3) protect client info under 1.6.
(1) may not make agreement limiting malpractice, unless client is indi represented OR
(2) settle claim /potential liability claim w/ unreppe'd client advised of need to get counsel and is given chance to get counsel.
ethics committee opinion: may ask client to contract to arbitration if:
1. client is advisesd of adv / disadv
2. informed consent
3. provision does not insulate the lawyer from liability otherwise imposed by law.
A lawyer shall not reveal any information relating to rep of a client
unless the client gives informed consent,
the disclosure is impliedly authorized in order to carry out representation
may reveal relating to rep of client to extent lawyer reas. believes necc.
to prevent reasonably certain dealth or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;
(4) to secure legal advice about the lawyer's compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client;
6) to comply with other law or a court order;
1.7: Conflicts of Interest: Current Clients
(a) L not rep C if CONCURRENT conflict of interest, if
1. rep of one client will be directcly adverse to another client, or
2. there is sig risk that the rep of one or more clients will be materially limited by the lawyer's resp to another client, a former client or a 3rd or by a personal interest of the lawyer.
(b) may rep if
1. reas believes able to give dil. rep. to each C
2. not prohibited by law
3. does not include assert of claim by 1 against another in same lit / before tribunal
4. informed consent, confirmed in writing
1.9: Duties to Former Clients
(a) A L who has formerly rep'd a C in a matter shall not thereafter rep another person in the same or a sub. related matter in which that persons interests are materially adverse to the interests of the former client unless the former client gives informed consent, in writing.
(b) L shall not knowingly rep. a person in the same or substantially related matter in which a firm with which the lwayer formerly was associated with had previously represented a client:
1. whose interests are mat. adverse to that person, and
2. about whom the L had learned information protected by confidentiality, unless the former client gives prior informed adn written consent.
(c) A L who has formerly rep'd a C in a matter whose present or former firm has formerly rep'd a C in a matter shall not:
1. use info to disadvantage the former client except when it 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.
1.10: Imputations of Conflicts of Interest
(a) same firm, lawyer ≠ knowingly rep. client if practicing alone would be prohib. unless
1. based on pers interest & no sig. risk of mat. limit rep of client by remaining lawyers OR
2. based on rule 1.9(a or b) and from disqualed L's assoc w/ a prior firm AND
(i) disqualed L is timely screen / no part of fee
(ii): written notice promptly given to former to allow to ascertain compliance with the rule Need: description of screening proc., statement of firm/lawyer's compliance, review avail before a tribunal, agreement by firm to respond promptly to written inquiries / objections of former client
(iii) cert of compliance w/ rules/screening proc. provided to former client by screened lawyer/ partner, at reas. intervals upon request / upon termination
after lawyer term. assoc. w/ firm, not prohibited from repping person w/ mat. adverse interest of client of former lawyer cept
1. if matter is same / substa. rel. to that of former assoc. lawyer
2. lawyer remaining in firm has info rel. to 1.6/1.9(c) & mat to the matter.
disqual. prescribed by the rule may be waived by client under rules stated in 1.7
disqual associated w/ firm of former/ current gov. lawyer is governed by 1.11
1.11 special conflicts of interest for former and current government officers and employees
except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or gov employee is subject to 1.9c and shall not rep a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee unless the app gov agenct gives its informed consent, confirmed in writing, to the rep.
no lawyer in dqed lawyers firm shall knowingly undertake or continue rep in such matter unless dq is screened and not given a cut of fees, written notice is given to app agency to enable it to comply with provisions, and any information obtained as a reult of gov authority cannot later be used to disadvantage that person
1.12 Former Judge, Arbitrator, Mediator, or Other 3rd Party Neutral
If person participated as any of those persons in any proceeding, cannot represent anyone in connection with substantial involvment and similaritly unless informed wrtitten consent is given.
law clerk not governed by these rules in relation to seeking employment, but must give judge clerking for notice.
1.13: Organization as Client
A lawyer reps the firm/organization employing him.
If lawyer 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 liekly to result in subsantial injury to the organization, then the lawyer shall proceed as is reasonmably necessary in the best interest of the organization.
Unless the lwayer reasonably believes that it is not necessary in the best organization to do so, the lwayer shall refer the matter to the higher authority in the organization including if warranted by the circumstances to the hightest authoruty that can act on behalf of the organization.
If duly authorized person does not address the cocernt with timeliness or refuses to act in clear violation of law, and lawyer reasonable believes that the violation is reasonably certain to result in sub injury to org, then lawyer may reveawl info to rep but only and if to extent lawyer reaosnaby believes is necessary to prevent substantial injury to the org.
Lawyer allowed to investiage a claim against without concern for reporting.
If lawyer is discharged for reporting, then lawyer shall proceed to disclose to employer's highest authority.
1.14 Client with diminished capacity
(a) when capacity to make decision is diminished (minority, mental impairment, other reason) the lawyer shall, as reasonably as possble, maintain a normal C/L rel.
(b) when lawyer reasonably believes C has diminished capacity, risk of substantila physical, finacnicla/ other harm unless action, and cannot adquately act in client's interest, lawyer can take reaosnable necc. prot. action (consulting w/ entity/indi who can protect OR seek GAL)
1.15 Safekeeping Property
(a) Lawyer shall hold property of client's as long as its separate from lawyer's property. Funds should be separate and in a state in lawyers office or elsewhere with consent of client. Other property shall be identified and app safeguarded. Complete records should be kept and preserved for 5 years.
(b) client's account can be apid for by attorney - but only those fees should be commingled.
(c) legal fees in advance can be held in trust to be withdrawn only when services are performed.
(d) lawyer shall remit to client any funds so entitled upon request by the client or 3rd person and adminster an accouting.
(e) If lawyer is in possessio of somethin that two parties dispute possession, lawyer should keep sep until matter is resolved and remit proprty that is not in dispute.
1.16: Declining or Terminating Representation
shall not rep C/ or shall withdraw if
1. will result in a violation of the rules of prof conduct /other law,
2. the lawyers physical or mental condition materially impairs the lawyers ability to rep. the client
3. is discharged.
1. if it can be accomplished without material adverse effect on client's interests,
2. client persists in a course of action involving lawyers services that lawyer reaosnably beliefes is crim or fraud,
3. the client has used lawyer's services to perptrate a crime or fraud,
4. the client insists upon taking action that the layer considers repugnant or lawyer has a fundamental disagreement,
5. C fails subs. to fulfull an obl. to the L regarding the L's services and has been given reas. warning that L will withdraw unless the obligation is fulfilled,
6. the rep = unreasonable financial burden or unreasonably difficult by the client,
7. or for other good cause
(c) Upon termination, L must comply law of notice / permission. If ordered, L must continue rep.
1.17: Sale of Law Practice
lawyer or firm can purchase another if the seller ceases to engage in the private practice of law or in the are of practice that has been sold (geograohic), in which practice has been conducted, the entire practice or entire are of practice is sold to one or more lawyers or law firms, the seller gives written notice to each of the seler's clients regarding the proposed sale, client's right to retain other counsel or to claim possessions, and the fact that clents consent to transfer will be presumed if client does not reject within 90 days of notice.
if cleitn cannot be given notice, rep may be transfered to purchases upon entry of an ortder authorized by a court in jurisdiction.
Fees charged shall not increase due to the sale.
1.18: Duties to Prospective Client
(a) Consulting about possibility forming C/L rel. is prospective client.
(b) Information lawyer learne is still confidential even if a relationship does not exist, cept as rule 1.9 permits.
(c) A lawyer cannot accept another client whose interests are adverse to a prospective client in sub. same matter if lawyer learned information from the prospective client which could be sign. harmful to that person, cept (d).
(d) and prosp client give written informed consent or the lawyer took reaosnmable measures to avoid exposure to more dq information tha was reasonably necessary to detgermine whether to rep prosp client and the dqed lawtyer is timely screened and written notice is promptly given. note that continued certification is not rewuired because he only knew intyake information at best.
In representing a client, a lawyer shall exercise independent professional judgment and
render candid advice.
In rendering advice, a lawyer may refer to law + other considerations (moral, economic, social and political factors), relevant to client's position.
2.3: Evaluation for Use by Third Parties
A lawyer may provide an evaluation of a matter affecting a client for the use of someone other than the client if the lawyer reasonably believes that making the evaluation is comatible with other aspects of the lawyers relationship with the client
When the lawyer knows or reasonably should know that the evaluation is likely to affect the client's interst materailly and adversely, the lawyer shall not provide the evaluation unless the client gives informed consent.
Information relating to the evaluation is protected by 1.6 excpet disclosure authoprized in connection to the eval report.
2.4: Lawyer serving as neutral third party
3rd party = when lawyer assists two or more persons who are not clients to reach resolution of a dispute or other matter that has arisen b/w them. Service as 3rd party may include aribter, mediator, or in such other acpacity as will enable lawyer to assist theparties to resolve the matter.
Inform parties that not repping either. if lawyer knows or reaosnably should know either party is confused, lawyer shall explain differences in third party versus lawyer-client relationships.
3.1 Advocate: Meritorious Claims and Contentions
A lawyer shall not bring or defend a proceeding or assert or controvery an issue therein unless there is a bsis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be establisehd.
3.2 Expediating Litigation
A lawyer shall make reaosnable efforts to expediate ligitation consistent with the interests of the client.
3.3 Candor Toward the Tribunal
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 mateiral fact or law previously makde to the tribunal by the lawyer
2. Or fail to disclose to 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
3. or offer evidence that the lawyer knows to be false. If the alwyer comes to know it is false, the lawyer shall take reasonable remedial measures including disclosure to tribunal if necessary. May refuse to offer evidcence, other than testimony of D in a crim. matter, that lawyer reaonsonably believes is false.
These duties continue throughout proceeding and apply even if compliance is contrarty to 1.6
(b) a lawyer who reps a client who is engaging in crim or fraud behavior relating to proceeding shall take reasonable remedial measures, including if necessary disclosure to tribuna.
If ex parte proceeding, must inform the tribunal of all material facts known to the lawyer enabling the tribunal to make an informed decision, whether or not the facts are adverse.
3.4: Fairness to opposing party and counsel
(a) A lawyer shall not unlawfully obstruct another party's access to evidence or unlawfully alter, destroy, or conceal a document or other material hainv potential evidentiary value.
(b) A lawyer shall not counsel another to do such acts: falsify evidence, counsel or assist a witness to tesify falsly, or offer an inducement to a witness that is prohibted by law;
(c) knowingly disobey an obligaytion under the rules of a tribunal except for an open refusal based on a assertion that no valid obligation exists
(d) in pretrial procedure, make a frivoulous discovery requiests or fail to make reasonably diligent effort to comply witha legally proper discory request by opposing party
(e) allude to facts lawyer does not reas believe to be relevant, supported by admissable evi, assert personal knowl of facts, state personal opinion to justness of a cause, credibility of a witness, culpability of a civil lit/guilt of accused
Lawyer cannot request another person other than client to refrain from voluntarily giving relevant information to another party, unless the person is a relative or an employee or other agent of client and the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.
3.5 Impartiality and Decorum of Tribunal
(a) A lawyer shall not seek to influence a judge, juror, prosepctive juror or other official by means prohibited by law
(b) comm ex parte with such person during the proceeding unless authorized to do so by law or court order
(c) comm with juror or prosp juror after discharge of jury if
the comm is prohibited by law or court order,
the juror does not want , or
the comm involves misreprestation, coercsion, duress, or harassment; or
(d) engage in conduct intended to disrupt a tribunal.[
3.6: Trial Publicity
A lawyer participating or has participated in the investigation or litigation of a matter shall not amke an extrajudicial statement that the lawyer knows or reasonably should lknow will be disseminated by means of public comm and will have substantial likehood of materially prejudicing an adjuc proceeding in the matter.
A lawyer can state the claim, offense or defense involved, and identity of persons, escept as prohibited by law
info contained in public record
stating that investigation still in progress
scheduling of litigation
request ofr assistance in obtaining evidence and information necessary thereto
a warning of danger concerning the behaviuor of a person inolved where there is reason to belierve that there exists the lihood of subst. harm to an indviodual or the public interest.
in a crim case - the idenity, residence, occupation and family status of the accused. if accused has not been apprehended, information necesssary to effectuate apprehension, he fact, time, and place of arrest, the identiy of investigating and arresting officers or agencies and the length of the investigation.
Also, a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantila undue prejudiucial effect of recent publicity not initaited by the lawyer or the lawyer's client. A statement made pursysant to this paragraph shall be limited to such info as is necssary to mitigate recent adverse publicity.
Includes lawyers firm; gov agency.
3.7: Lawyer as witness
a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless,
the testimony relates to an uncontested issue, the testimony relates to the nature and vlaue of legal services rendered in the case; or dq of the lawyer woyld work substantial hardship on the client
if no conf issues exist, a lawyer can rep if another alwyer in frim is witness.
3.8: Special Resp of Prose
(a) refrain from prosecuting a charge that pro knows is not supported by probable cause,
(b)make reasonable efforts to assure that accused has been advised of the right to and procedure for obtaining counsel and has been given reasonable opp to obtain one.
not seek to obtain from an unrepped accused a waiver of important pretrial rights, sich as the right to a prelim hearing.
refrain from comments that will heighen public condementaion of the accused and exercise reasonable care to prevent investiagors, law enforcement personell, emoployees or other associated with prosin crim case from making ej staments that pros would be probhibted from as well.
(d) make timely disclosure of evidence or info known to P that ends to negate the guilt of the accused or mitigaes the offesnse and in connection with sentencing, disclose info unless P is relieved of respo by protective order of the tribunal.
(e) not subpeoena a lawyer in grand jury or crim proceeding to present evidence about a past or persent client unless
1. the pros reasomably blieves the info sought is not protected from disclosure by applicable priv,
2. the evidence is sought is essential to the succcessful completion of ongoing prose, and
3. there is no other feasible alternative to obtain the info,.
(g) when pros knows of new, cred., and mat. evidence creating a reas. liklihood, a convicted D did not commit of which D was convicted, the pros shall
(1) promptly dislcose the evidence to app court/authority
(2) if in P's JD,(i) promptly disclose that evidence to the D unless court aiuthorizes delay, and (ii) undertake further invest/ make reas. efforts to investigate, to determine whether D was convicted of an offense that D did not commit.
(h) when prosecutor knows of C&C evi to suports Ds innocnent and pros isin jurisdiction, P shall seek to remedy the conviction.
3.9: Advocate in Nonadjudicative Proceeding
lawyer repping client in leg body or agency shall disclose that the appearance is in a rep capacity and shall conform to the proviusions
4.1 Transactions with NonClients - Trufhfulness in statements to others
representing a client a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a 3rd person or
(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraud activity by client, unless disclosure is against confidentiality.
4.2 Communication with Person Repped by client
Lawyer shall not communicate with another lawyer's client about subject of representation unless consent of the lawyer or is authorized to do so by law or a court order.
4.3 Dealing with an Unrepped person
1. if not repped, not state or imply that disinterested
2. if know/should reas. know unrepped misunderstands, reas. effort to correct.
3. no legal advice to unrepped person, other than to secure counsel, if the persons interest are reasonably possible to conflict with lawyers client.
4.4 Resepct for Rights of Third Parties
A. shall not use means that have no substantial purpose other than to embarrass, delay, or burden a 3rd person OR use methods of obtaining evidence that violate legal rights of such a person;
B. Any information reveived electronically that lawyer knows or should known was sent by mistake should be promptly alereted to sender.
5.1 Responsibilities of a Partner/supervisory att
(a)Partner/manager reas efforts ensure firm has effective measures giving reas. assurance lawyers conforming to these Rules.
(b) direct supervision = reas. efforts to ensure conformity w/ rules
lawyer repsonsible for another's violation if
1. lawyer orders/ with knowledge of specific conduct ratifies the conduct ;
2. the lawyer is partner/manager/ or has direct supervisory role & knows of the conduct at the time when its consequences can be avoiuded or mitigated but fails to take reas. remedial action.
5.2 Resp of Subordinate lawyer
(a) bound by these rules unless acting under direction of another person.
(b) no violation if lawyer acted in accord with supervisors reas resolution of an arguable question of professional duty.
5.3 Responsibilities of Nonlawyer assistance
reasonable measures should be taken to esnure compliance among all employed.
lawtyer is responsible for conduct of those beneath if the lawyer orders the conduct or ratifies the conduct or the lwater knows of the conduct at the time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
5.4 Professional Independence of a Lawyer
no fee sharing unless:
1. agreement w/ firm OR associates to pay over reas. time to estate/people following lawyer's death
2. purchase practice of deceased, disabled, or disappeared lawyer
3. lawyer/firm may include nonlawyers in compensation/retirement plan
4. may share legal fees w/ nonprofit
no partnership w/ non lawyer
may not permit someone paying lawyer's fees to direct /reg. lawyer's prof. judgment
no practice in corp authorized to practice law if :
1. nonlawyer is shareholder, cept for estate
2. nonlawyer is corp director
3. nonlawyer has ability to control discretion of lawyer
5.5 Unauthorized Practice of Law
a. no practicing in JD that is a violation / assist others to do so
b. if not authorized to practice, may not eta. office / presence OR hold self out to be authorized to practice there
c. may provide legal service on temporary basis, if 1 undertaken in assoc w/ a lawyer authorized in that JD
2. reas related to either case, mediation in own JD / related to lawyer's practice in that JD
5.6 Restrictions on Rights to Practie
A lawyer shall not participate in any offering or making a partnership, shareholders, operation, emploumrny, ot other similar agreement that restricts the alwyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or
an agreement in which restriction on the lawyers right to practice is part of the settlement of a client in controversy.
5.7 Responsibilities regarding law-related services
law related servies are ones that might reasonably be performed in conjunction with and in substance related to the provision of legal services and that are not prohiibted as unauthorized practice of law when provided by a nonlawyer = these are required to conform to the rules as well unless the lawyer takes reasonable measures to explain to client that the nonlegal services are not subject to same protections as cleint-lawyer relationship.
6.1: Voluntary Probono services
A lawyer should aspire to render at least 50 hours of free service a year; and, in doing so, should provide a substantial majkority of them to persons of limited means, charitable, relgioisous, cific, comm gov or educ. orgs in matters taht are designed to addres the needs of persons of limited means; and
provide any additional services through: delivery of legal services at no fee or substantially reduced fee to indivisuds, groups or ogrs seeking to secure or protect civil rights, liberities, puibic rights, etc., where the payment of standard legal ffees would signi deplete the orghs econ resources or would otherwise be inappropriate.
- delivery of legal services at a substnaially reuced fee to oersons fo limited means;
- participate in activities improve the law, legal system, or legal profession.
lawyer should also contribute volunarty fincancial support to orgs that provide legal sercices to persons of limited means.
6.2 Accepting Appointments
A lawyer shall not seek to avoid appoint,ment by trubunal except for good cause
(likely vilation of these rules;
unreasobnable financial burden on lawyers;
cause is so repugnant to lawyter that it will impair client-lawyer relationship or lawyers ability to rep client).
6.3 Membershp in legal services orgs
Person can serve as director, officer, etc of legal services org so long as it does not conflict with representing a client of lawyers.
6.4 Law Reform Actrivit4s Affecting Client Interests
Reform orgs cannot affect the interests of a client of the lawyer. Lawyer should also disclose that reform efforts could materially benefit one of this clients; though lawyer doers not need to reveal client's identity.
6.5 Nonprofit and Court Annexed Limimted Legal Services Programs
7.1 Communication Concerning a Lawyer's services
a lawyer shall not make a false or misleading comm about the lawyer or lawyers services. - material misrep of fact or law; or omits a fact necessary to make the statement considered as a whole not materially misleading.
(a) lawyer may advertise through written, recorded, or electronic comm, including public media.
(b) no pay for recommendation cept:
1. reas. costs of advertisements or comms permitted by this rule
2. pay for qualified lawyer referral service
3. pay for a law practice in accord with 1.17
4. refer to lawyer/nonlawyer prof. who do the same back if (i) not exclusive (ii) client is informed of existence/ nature of agreement
(c) communications under this rule: name and office address of at least one lawyer or law firm resp for its content.
7.3 Solicitation of Clients
lawyer shall not solicit services in person or by phone or real time electronic contact if it is for lawyers pecuniary gain, unless the person contacted
is a lawtyer
has a family close poersonal or professional relationship with the lawyer
lawyer should not do this by written, recorded or electornic communication or in person phone or real time elec. contact when not otherwise probibited by paragraph,
if the target of the solicitation has made known to the lawyer a desire not to be soliciaatted by the lawyer
or the soliciataion involves coercion durress or harassment.
every wrtiten recorded or elec communication from a lawyer soliciting prof employment from anyone needs to include advertising material on outside of envelope, if any, and at the beginning and end of the comm.
7.4 Cimmunication of fields of practice and specialization
a lawyer may communcate the fact that he does or does not practice in particular fields of law.
a lawyer admitted to engage in patent practice before the US Patent and Trademark office may use the designation: Patent Attorney, or a subtantially similar designation.
same for admirarlty.
a lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:
the lawyer has been certified as a specialist by an org that has been approved by the app state authjority or that has been acrediated by the aba.
the name of the certigying org is clearly identified by comm.
7.5 Firm Names and Letterheads
see specific rules
7.6 Politiical Contributions to Obtain Legal engagements or appointments by judges
A lawyer or law firm shall not acept a government legal engagement or an appointment by a judge if the lawyer or law firm akes a political contribution or soliticls special poltiical contrinutions for the purpose of obtaining or being considered for that type of lgal engfagement or appointm,enmt.
8.1 Bar Admission and Disciplinary Matters
An applicatnt for admission to the bar, or lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:
knowingly make false statements of material fact; or
fail to dsiclose 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 information from and admissions or disciplinary authority except that this rulde does not require disclosure of confidential information.
8.3 Reporting Professional Misconduct
(a) a lawyer who knows another lawyer has committed a violation that raises a substantial question as to honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the app prof. authority
(b) a lawyer who knows that a judge...shall inform app authority.
(c) subject to 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program.
(a) misconduct for a lawyer to violate or attempt to violate these rules, knowingly assist or induce others to do so, or do so through the acts of another.
(b)commit a criminal act that reflects adversely on honesty
(c)engage in conduct involving dishonesty, fraud, decept, or misrepresentation.
(d)engage in conduct that is prejudicial to the admin of justice
(e)state or imply an ability to indfluence improperly a gov agency or official or to achieve results by means that violate these rules.
(f)knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct.
8.5 Discplinary Authority; Choice of law
(a): regardless of where misconduct occurs, subject to bar where licensed to practice, or if offers legal services in a JD, or both