1.8 or 3-300

Not enter into business transaction or acquire possessory interest

UNLESS

1) fair and reasonable terms

2) client advised in writing

3) gives written informed consent

1.8(f) or 3-310 (F)

Shall not accept compensation from one other than client

UNLESS

1) no interference with lawyer independence

2) information protected

3)member obtains client's informed consent

1.7 or 3-310

Shall not represent client if representation involves concurrent conflict of interest

UNLESS

1) reasonable belief of ability to provide competent and diligent rep

2) rep not prohibited by law

3) rep does not involve assertion of claim by one client against another in same litigation or other proceeding before a tribunal, AND

4) written informed consent of each

1.8(g) or 3-310(d)

Representing 2 or more clients shall not participate in aggregate settlement unless lawyer informs everyone of what each is getting and get written, informed consent

California variant:

No obligation to tell everyone what others are getting

3.3 or 5-200

Candor towards tribunal

Shall not make flase statement or fail to correct false statement, fail to disclose adverse authority, offer false evidence. If knows of false evidence, take remedial measures including disclosure to tribunal.

3.5 or 5-320

Shall not contact jurors during trial or after if court said no, juror said no, or involves mirep, coercion, duress...

4.3

When talking to unrep, not state or imply lawyer is disinterested. E.g., say to opposing part "hi i am an officer of the court and want to ask a question" 

4.1

In dealings other than with client, not make false statement of fact or law or fail to disclose material fact when disclosure encessary to avoid assisting in criminal or fraudulent act

4.2

In communicating with rep person, not communicate about subject of rep unless consent of other lawyer

7.2(a)

May advertise in media

7.2(b)

May not give anything of value for advertising 

except

reasonable fees

legal service plan or non profit

pay referral fees with client's information (no written consent) and no exclusive reciprocal agreement

7.1

No false or misleading communication

7.3(a)

No soliciting in person

Targeted mail okay but

No targeted mailing if person indicates desire to not be contacted or harrasment etc.

5.1

Supervisor's responsibility to take reasonable measure to ensure supervised lawyers' compliance

5.3

Same duty of supervisors to non-lawyers as lawyers

8.4

No dishonesty, fraud, etc.

1.5(a)

Fees should be reasonable 

CBPC 6060

To be qualified to practice law in this state, a person must be of good moral character

In re Glass

8.1 or 1-200

Applicant shall not knowingly make false statement or fail to disclose fact necessary to correct misapprehension

8.4

Professional misconduct to:

(a) violate or attempt; assist

(b) crime that reflects badly

(c) dishonesty, fraud, deceit, misrep

(d) prejudicial to justice

(e) exercise improper influence

5.1

Reasonable efforts to ensure firm has measures in effect. Responsible for another's violation if he orders it, ratifies it, or is manager and knows but fails to mitigate.

8.3

A lawyer who knows that another lawyer has commited a rule violation that raises question of "honesty, trustworthiness, or fitness" shall inform authorities

No equivalent in California

1.2

Scope of representation

(a) abide by client decisions

(c) limit scope if reasonable with written consent

(d) may exert good faith attempt to test etc.

1.5

Fees

(a) must be reasonable (4-200)

(b) written agreement preferable

(c) written agreement required if contingent

1.15 or 4-100

Keep client funds separate. In case of dispute, hold until dispute is resolved.

1.16

Can decline or withdrawl if rep will violate rules or lawyer incompetent.

Can withdraw if (a) can withdraw without material adverse effects, (b) client persists in crime/fraud, (c) client insists on action that lawyer considers repugnant or "fundamental disagreement", (d) client fails to fulfill obligation to lawyer and has been given reasonable warning of withdrawal, (e) rep will result in unreasonable financial burden, (f) other good cause

5.4

Not allowed

3.1

Not bring action without basis in law that is not frivolous

1.8(b)

Can not use info only if it is to disadvantage of client unless informed consent

1.6

Only required to reveal if crime is furtherance of which client has used lawyer's services for

3.7

precludes Lawyer from acting as advocate at a trial in which she is likely to be a necessary witness unless one of 3.7(a)'s exceptions applies

1.8(e)

Not allowed except advance court costs and litigation expenses contingent on outcome or court costs and expenses on behalf of indigent client

1.8(f)

Shall not accept unless informed consent, no interference with lawyer's independence and judgment, and info of client protected

1.10

No. Only when disqualification arises out of personal interest or prior firm (with screening)

1.8(g)

Not allowed unless:

(a) each client written informed consent

(b) disclosre about existence of all claims involved

1.4

Promptly inform client of any decision, reasonably consult with client about means, keep client reasonably informed, comply with RFIs

1.8(h)

Shall not do it unless client independently represented in making agreement

1.16

(a) no material adverse effects

(b) client engaged in criminal/fraud actions

(c) client uses lawyer services for (b)

(d) repugnant or fundamental disagreement with client wish

(e) client fails to fullfill obligation and has reasonable warning of withdrawal

(f) unreasonable financial burden on lawyer

(g) other good cause

3.3

Lawyer shall not willingly make statement or offer evidence

3.1

Not bring frivolous actions unless there is basis in law and good faith argument for change

1.2(d)

shall not "counsel a client to engage, or assist a client, in" crime/fraud

3.3(a)(3)

"take reasonable remedial measures, including, if necessary, disclosure to the tribunal." 

1.6(b)

May reveal to prevent substantial financial injury

4.3

Lawyer can deal as long as he does not state or imply he is disinterested. If misunderstood, shall clarify. Shall not give legal advice.

4.2

prohibits this kind of contact unless the lawyer has Plaintiff's lawyer's consent or the communication is authorized by law or court order.

3.3(a)(2)

Disclosure required

3.4(e)

Lawyer prohibited from vouching for credibility of witness

8.4(d)

Conduct prejudicial to administration of justice prohibited

3.4(b)

Prohibited from offering inducement to witness that is prohibited by law (and this is PROBABLY prohibited)

8.4(e)

Prohibited

1.11(a)

Prohibited unless former govt employer gives written informed consent

1.15(c)

Keep in separate account

7.1

Allowed because 7.1 prohibits only false and misleading statements

7.2(b)

Referral fees allowed only if

(i) the reciprocal referral agreement is not exclusive and (ii) the client is informed of the agreement's existence and nature.

7.4(d)

only stating or implying that one is certified as a specialist.

3.7

Shall not act as advocate in trial where lawyer is necessary witness unless (a) testimony on uncontested issue, (b) testimony related to nature and value of legal services rendered, (3) disqualification would work substantial hardship on client

1.5(e)

Allowed only if:

(a) proportional to effort OR joint responsiblity

(b) client gives written consent

(c) reasonable total fee

1.6

duty of confidentiality extends to information regardless of its source or form, so long as it relates to the representation, but ACP relates only to communications between privileged persons (and agents).

Confidentiality - Always applies

ACP - Only in evidence context

1.6

Information "relating to representation" is confidential regardless of how much time elapses

BEFORE or AFTER (1.6 Cmt 18) rep began and ended does not matter

1.6

There is no public record exception to confidentiality. Restatement says that information that is "generally known" is exempt from confidentiality

8.4(b)

Acts that reflect adversely on honesty, trustworthiness, or fitness as lawyer

In some jx, felony = automatic disbarrment

Pattern of even minor offenses enough

8.4

No clear language but considered violation through conduct prejudicial to administration of justice

6.2

If appointed by court, lawyer shall not seek to avoid appointment

Can lawyer withdraw without cause if no material adverse effect?

1.16

Yes

R3d §14

• person manifests intent that lawyer provide services 
• the lawyer fails to manifest a lack of consent 
• lawyer "knows or reasonably should know that the person reasonably relies on the lawyer to provide the services

1.18

Confidentiality and conflict limitations apply

Same screening rules apply as 1.7

Goldfarb v VA State Bar

Prohibited

1.5

To happen, PREFERABLY in writing, before or within reasonable time of starting rep

1.8

Yes. Because no right until litigation complete.

1.7(b)

No consent if Client 1 makes claim against Client 2 and lawyer also represents Client 2 in same or another proceeding 

1.7

Yes, as long as it is not unconsentable conflict per 1.7(b)

1.8(j)

Not unless it existed before client-lawyer relationship formed

1.9

Not represent new client in same or substantially related matter if new client's interests materially adverse to interests of former client

1.8

No relationship unless:

(1) terms reasonable and fully disclosed in writing

(2) client advised of desirability of seeking independent counsel

(3) client gives informed consent in writing