ABA Model Rules of Professional Conduct
Terms in this set (57)
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
1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer
A lawyer shall abide by a client's decision concerning the OBJECTIVES of representation, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued, unless the lawyer reasonably limits the scope under the circumstances and client gives informed consent AND unless the lawyer is asked to counsel clent to engage in conduct that the lawyer knows is criminal or fraudulent; but, a lawyer may discuss the legal consequences of the action the client wishes to engage in.
A lawyer may take action on behalf of client as is impliedly authorized to carry out representation - a lawyer shall abide by a client's decision to settle a matter. In a criminal case, the lawyer shall baide by the client's decision, after consultation with the lawyer, as to a plea entered, whether to waive jury, and whether the client will testify.
Representation of a client does not constitute an endoresement of the client's political, economic, social, or moral views or activities.
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 with the client 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 relefant 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.
6. A lawyer shall explain a matter to the extent reasonably necesssary to permit the client to make informed decisions regarding representation.
A lawyer shall not make agreement for, charge, or collect unreasonable fee or an unreasonable amount for expenses according to the following factors: 1. the time and labor required, the novelty and difficulty of the questions proposed, and the skill requiesite to perform the legal service properly; 2. the liklihood, if apparent to client, that the acceptance of the particular employment will preclude other employment by the lawyers; 3. the fee customarily charged in the locality for similar legal services; 4. the amount involved and results obtained; 5. the time limitations imposed by the client or by the circumstances; 6. the nature and length of professional relationship with the client; 7. the experience, reputation, and ability of the lawyer or lawyers performing the service; and 8. whether the fee is fized or contingent.
The scope of 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 for when the lawyer will charge a regualrly represent3ed client on the same basis or rate. Any changes should be communicated, though.
A fee may be contingent on the outcome fo the matter for which the service is rendered, except for in a criminal case the defendant. Contingent fee shall be in writing signed by the client and shall state the method by which the fee is to be determined, including the percentage that shall accrue the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The client shall be clearly notified for any expenses incurred. A written statement statiting the outcome of the matter and if there is a recovery, showing the remittance to the client and the method of its determination.
No fee shall be collected in domestic relations that is contingent on securing divorce or upon amount of alimony or support, or property settlement in lieu thereof.
Requirements for fees betewen lawyers in different firms; 1. propoertion to service or joint responsibilty for representation, client agrees in writing to the share, and the total fee is reasonable.
A lawyer shall not reveal any information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out representation or if the lawyer reasonably feels it is necessary to prevent reasonably certain dealth or substantial bodily harm;' to prevent the client from committing a crime or fraud that is reasoably certain to result in substantial injury to the fincalinc interests or property of anoyher and in furtherance of which the client has or is using the lawyer's services; to prevent or mitigate or rectify substantial injury.
A lawyer may reveal information when it is to secure legal advice about the lawyers compliance with these rules
Or to establish a clam or defense on hebalf of the lawyer in a controversy between the lawyer in a controversy between the lawyer and the client, establish a defense to a criminal charge or civil claim against teh lwayer based upon conduct in which the client was involved, or to respond to allegations in any proceedings concerning the lwayer's representation of the client;
Or to comply with other law/court order
Or to detect and resolve conflicts of interest arising from the lawyer's change of employment or from changes in the composition of ownership of a firm but only if incessary.
Reasonable efforts to prevent the inadvertant unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.
1.7: Conflicts of Interest: Current Clients
A lawyer shall not represent a client if the representation inovles a CONCURRENT conflict of interest, unless the lawyer reasonably believes that he will be able to provide competent and diligent representation to each affected client, it is not prohibited by law, the representation does not inolve the assertion of aclaim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal, and each affected client gives informed consent, confirmed in writing.
Concurrent conflicts of interests exist if the rep of one client will be directcly adverse to another client, or 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 third person or by a persnal interest of the lawyer.
1.8: Conflict of Interests Specific Rules
Business transaction: lawyer shall not enter into business transaction that is adverse to a client unless the lawyer acquires the interest in a fair and reasionable way and fully disclosed to the client in writing and in an understandale way to client, the client is given reaosnable opportining to seek legal advice ont he matter; the client gives informed consent, in writing and signed by client, to essential terms of the deal and the lawyers role in the deal, inclouding whether the lawter is repping the client in the transaction.
A lawyer shall not use infomration relating to rep to disadvantage client.
Gift: Lawyer shall not solicit a gift from a client unless related to lawyer. Close familial relationship is all that is required.
No financial assistance to client, except that 1. may advance court costs and expenses 2. representiation of indigent client.
Lawyer shall not accept payment for a client from someone else unless client gives informed consent, ther eis no interfgence with the layer's independence of professional opinion or with clinet- lawyer relationship and the ifnoration relating to rep of client is protected.
aggregated settlements or pleas require informed consent and writing by each client affected. Informed consent can only be achieved if the client knows the existence and nature of all the claims or please involved and of the partici[pation of each person in the settlement.
What the lawyer can't do: limit liability in malpractice case, settle a claim or potential claim for such liability with an unrepped client unless that person is advised in writing of the desireability of seeking and is given a reasonable opportuninty to seek the advice of independent legal counsel in connection therewith.
1.9: Duties to Former Clients
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 persons interests are materially adverse to the interests of the former client unless the former client gives informed consent, in writing.
A lawyer shall not knowingly represent 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 whose interests are materially adverse to that person, and about whom the lawyer had learned information protected by confidentiality, unless the former client gives prior informed adn written consent.
A lawyer who has formerly represented a client in a matter whose present or former firm has formelrly represented a client in a matter shall not therefater shall not use information to disadvantage the former client except when it has become generally known; or reveal information releating to the information excpet as theese Rules would permit or require with respect to a client.
1.10: Imputations of Conflicts of Interest
Firms lawyers are bound by same rules as individual lawyer in firm unless it is a personal interest or the dsiqualified lawyer is such because of 1.9a or b, and the lawyer is timely screened from any participation, written notice is goven to former client to enable compliace with the rule, a satement of compliance is made, a statement is made for review before a tribunal, and an agreement by the firm to respond propmtly to any written inquires or objections by former client about screening proceudres,
and, certifications of compliance with Rules and proceduures are provided to the former client by the screened lawyer and by a partner of the firm, at reasonable intervals upon the foermer client's written requiests and upon termination of screeining procedureus.
When lawyer terminates an association with a firm, the firm is not prohibited from thereafter repping a person whose interests are materially adverse to the former client, unless the matter at dispute is substantially the same, breaches confidentiality,
Disqualification can be waived pursuant to 1.7
1.11 is another rule relation to government lawyers.
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
when capacity to make decision is diminshed, as minority, mental impairment, or for some other reason, the lawyer shall as reaosnably as possble, maintian a normal client lawyer relationship
when lawyer reasonably believes diminished capacity exists and client is at risk of substantila physical, finacnicla or other harm, and cannot adquately act in client's interest, lawyer can take reaosnable protective steps.
reveal information only relevant to protect client's interests.
1.15 Safekeeping Property
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.
client's account can be apid for by attorney - but only those fees should be commingled.
legal fees in advance can be held in trust to be withdrawn only when services are performed.
lawyer shall remit to client any funds so entitled upon request by the client or 3rd person and adminster an accouting.
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
A lawyer shall not represent a client or shall withdraw if rep already commenced if the rep will result in a violation of the rules of prof conduct orother law, the lawyers physical or mental condition materially impairs the lawyers ability to represent the client or the lwayer is discharged. but lawyer must ciomply with applicable law requiring notice to or permission of a trubunal when terminiating rep; and lawyer shall continue rep unless good cause established if not given permission.
A lawyer may withdraw if it can be accomplished without material adverse effect on client's interests, client persists in a course of action involving lawyers services that lawyer reaosnably beliefes is crim or fraud, the client has used lawyer's services to perptrate a crime or fraud, the client isists upon taking action that the layer considers repugnant or whith which the lwayer has a fundamental disagreement, the clietn fails substantially to fulfulls an obnligation to the alwyer regarding the lawyers services and has been given reaosnable warming that teh lwayer will withdraw unless the obligation is fulfilled, the rep will result in an unreasonbale finciancial burden or has been rendered unreasonably difficult by the client, or for other good gacuse
Upon termination of rep, lawyer shall take steps to extent reasonably practicable to protect client's interest, such as reaosnable notice, allowing for eomployment with other counsel, srrendering papers and propr to which coient is entitled, and refunding adbance legal feels.
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
Consultation abnout possibly forming relationshionis prospective client. Information is still confidential even if a relationship does not exist. A lawyer cannot accept another client whose interests are adverse to a former prosepective client if matter is sunstantially the same unless when lawyer learnied information bot the affected client 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 redering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be 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 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
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
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. A lawyer may refuse to offer evidcence other than testimony of defendant in a criminal matter, that lawyer reaonsonably belives is false.
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.
These duties continue throughout proceeding and apply even if compliance is contrarty to 1.6
Ex parte hearings for disclosures so that tribunal can figure out whether they are adverse or not.
3.4: Fairness to opposing party and counsel
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.
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;
knowingly disobey an obligaytion under the rules of a tribunal except for an open refusal based on a assertion that no valid obligation exists
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
lawyer shall not offer personal opinion as to justness of a cause credibility of a witness culpability of a civil litigant or innocnence of an accsused
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 lawyer shall not seek to influence a judge, juror, prosepctive juror or other official by means prohibited by law
comm ex parte with such person during the proceeding unless authorized to do so by law or court order
comm with juror or prosp juror adfer discharge of jury if the comm is prohibited by law or court order,the juror has mad eknow to the lawyer a desire not to comm, or the comm involves misreprestation, coercsion, duress, or harassment; or
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
refrain from prosecuting a charge that pro knows is not supported by probable cause, make reasonable efforts to assure that accused has beena dvised of the right to and rpocedure for obtaining counsel and has been givenr easonable 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.
make timely disclosure of evidence or info known to prosecutore that ends to engate the guilt of the accused or mitigaes the offesnse and in connection with sentencing, disclose info ubless pros is relieved of respo by protective order of the tribunal.
not subpeoena a lawyer in grand jury or crim proceeding to present evidence about a past or persent client unless the pros reasomably blieves the info sought is not protected from disclosure by applicable priv, the evidence is sought is essential to the succcessful completion of ongoing prose, and there is no other feasible alternative to obtain the info,.
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.
when pros knows of new and material evicne creating a reaosnable l -hood that a convicted defendant did not commit an offesnse of which defnedant was convicted, the pros shall
- promptly dislcose the evidence to app court/authority
- if conviction was in pros jurisdiction, promptly disclose that evidence to the denfedant unless court aiuthorizes delay, and undertake furhter invest o make reasonable efforts ti initate an investigation to determine whether defnadnyt was convicted of an offense that dendant did not commit.
when prosecutor knows of clear and conv ecvidence to suports Ds innocnent and pros isin jurisdictionm 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
in the course of representing a client a lawyer shall not knowingly: make a false statement of material fact or law to a 3rd person or 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 ubnless consent of the lawyer or is authorized to do so by law or a court order.
4.3 Dealing with an Unrepped person
A lawyer shall not state or imply that he is not an interested party = when lawyer knows or should know that the person does not understand the lawyers role, the lawyer should reasonably make efforts to correct this. no legal adfice to unrepped person other than the advice to secure counsel, if the persons interest are reasonably possible to conflict with lawyers client.
4.4 Resepct for Rights of Third Parties
A lawyer 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;
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
Partner in a law firm or any managing attornety shuold make sure those beneath are conforming to these Rules.
direct supervision means direct efforsts to ensure compliance with rules.
lawyer shall be resp for lower lawyers violation if lawyer orders with knowledge of specific conduct or ratifies the conduct involved; or the lwayer is partner or has comparable manag authority or has ditrect supervisory role and knows of the conduct at the time when its consequences can be avoiuded or mitigated but fails to take reasomable remeidal actiopn.
5.2 Resp of Subordinate lawyer
lawyer is bound by these rules unless acting under direction of another person.
lawyer is not subject to rulesif lawyer acted in accord with supervisors reasonable resolution of an arguable question of professional durty.
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
lawyer or law firm shall not share legal fees with nonlawyer unless there is an agreement between lawyer and lawyers estate to pay over a period of time (reasonable); a lawyer who purchases the practice of decesased, disabled, or disappeared lawyer may prusuant to 1.17, pay to the state or toher rep of that lawyer the agreed purchase price; a lawyer may include nonlawyer employees in compensation or retirement plan, even though the plan is based in whole or part on a profit-sharing agreement; and a lawyer may share court-awarded legal feels with nonprofit organization that employed, retained, or recommended employment of the lawyer in the matter.
lawyer shall not form a partnership with a nonlawyer if any of the activities of partnership conssit of practice of law.
lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyers profesional judgment in rendering such legal services.
lawyer shall not practice with or in the form of a professional corporation or assoc authoried to trpactice law for profit if a nonlawyer owns any interest therein.
except that trustee of lawyers estate can hold that interest during reasionable admin.
nonlawyer is a corp director of offier thereofr or coccupies the position of similar responsibility in any form of association other than a corp
nonlawyer has the right to driect or control the professional judgment of lawyer.
5.5 Unauthorized Practice of Law
lawyer shall not practice in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so; a lawyer who is not admitted to practice in this jurisdiction shall not establish an office or other systemic and continous presence in this jurisdiction for the practice of law except as authorised by these Rules of other laws; hold out to the public or otherwise represent that the lawyer is admitted to practice in this jurisdiction.
A lawyer admitted in another US jurisdiction and not disbarred or suspsended from practice in any jurisdiction may provide legal services on a temporary basis in this jurisdcition that:
- are undertaken in association with a lawyer who is admitted to practice in this juris. and how actively participates in the matter,
- are in or reasonably related to a pending or potential proceeding before a trinunal in this or another juris if the lawyer or person the lawyer is assisting is authorized by law or order to appear in such proceeding or reaosnably expects to be so authorized.
- are in or reaosnably related to apending or potential arbitration, mediation or other ADR in this or another jurisdiction if the services arise out of or are reasonalby related to the lawyer's practice in a jurisdiction in which the lwayer is admitted to practice and are not services for which the forum requires pro hac vice admission;
- are not with in c2 or c3 and arise out of or are reaosnably related ot the lawyer's practice in a jurisdction in which the lawyer is admitted to practice.
A lawyer admitted in another US jurisdiction or foreign jurisdiction and not disbarred or suspended from practuce in any equiv thereof, may provide legal services through an office or other stystemic and continous presence in this jurisdction that:
- are provided to the lawyer's employer or its organizational affiliates; are not services for which the forum requires pro hac vice admission; and, when performed by a foreign layers and requires advice on alw of this or another jursidiciton or of the US, such advice shall be based upon the advice of a lawyer who is duly licesnsed and authoruzed by the jurisdiction to provide such advice
- are services that the lawyer is authorized by federal or other rule to provide in this jurisdiction
lawyer must be in good standing of whatever bar they sti in.
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.
lawyer may advertise through written, recorded, or electronic comm, including public media.
a lawyer shall not give anything of value to a person rfecommending the lwayers services except that a lawyer may pay
- reaosnable costs of advertisements or comms permitted by this rule
- pay usual charges of a legal serice plan or a non profit qualified referral service that has been approved by an app reg authority
- pay for a law practice in accord with 1.17
- refer clients to other lawyers or non lawyer profs to an agreement not otherwise prohibited under these rules that provides for the other person to refer clients or customer in exchange if the reciprocal referral is not exclusive and the client is infored of the existence and nature of the agreement.
any commuinication made pursuant to this shall include the 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.
8.2 Judicial and Legal Officials
A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard for its trugh or falsity concerning the qualifications or integrtity of a judge, adjudicatory officer or public legal officer, or a condidate for election or appointment to judicial or legal office.
a lawyer who is a cnadidate for judicial pffice shall comply with the applicable provisions of the code of judicial conduct.
8.3 Reporting Professional Misconduct
a lawyer who knows that another alwyer has committed a violation that raises a substantial question as to that lawyers honesty, trustowrthiness, or fitness as a tlawyer in other respects shall inform the app prof authority
a lawyer who knows that a judge...shall inform app authority.
subject to confidentiality or information gained by a lawyer or judge while participating in an approved lawyers assistance program.
It is professional 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.
- commit a criminal act that reflects adversely on honesty
- engage in conduct involving dishonesty, fraud, decept, or misrepresentation.
- engage in conduct that is prejudicial to the admin of justice
- state or imply an ability to indfluence improperly a gov agency or official or to achieve results by means that violate these rules.
- 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
- choice of law -
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