ABA Model Rules of Professional Conduct

Terms in this set (57)

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.
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.
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.

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.
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.