not under duty to accept representation and may NOT accept for harassing or maliciously injuring person

Becomes fiduciary and agent of clinet when client reasonably beleives relationship exists (no formal writing req) 

Civil: acceptance of settlement offer

Criminal: whether D will testify, waive right to jury or enter guilty plea

lawyer must maintain ordinary cleint-lawyer relationshp to extent possible.

May take protective action and reveal confidential info when taking action.

Lawer may discuss legal consequences of crime/raud but may not endorse or assist/facilitate plan ( no how to get away with fraud )

failure would violate rule prof conduct or law

clients purpose is merely to harass or injure person

lawyers physical or mental condition materially impairs ability to represent client

discharged by client unless ordered to continue.

1) no harm to client

2) harm to client but i) client persiste in action cirmnal or fraudlent ii) lawyer learns tha tused to perpetrate crime iii) client instate on action lawyer finds repugnant iv) disagrees about expenses or fees v) clients instists on unlawful defense vi) client fails to cooperate in representation vii) lawyers inability ot work with co-counsel viii) lawyers metnal phyiscal condition ix) client assents to termination x) other good cause.

3) court permission MUST be obtained 

take reasonable measure to minimize harm to client

- reaosnable notice and allowance of time to employ othe rcounsel

- return papers an dproperty including unearned fees

No excessive fees: reasonableness factors allowed

Domestic relations cases: no contingent fees

Criminal Case: no contingent fees

Wher eretainer MUST be in writing > 3000. 

permitted among members of same law firm

Permitted among members differen firms IF i) division is in proportion to services rendered and ii) client agrees in writing after disclosure. 

No referral fees without service. 

1) confidential - must intent to be confidential (eavesdropper does not destroy)

2) communication - must be for purpose of seeking legal advice or representation

3) client holds privilege

4) indefinite duration

Exceptions: rime fraud, dispute betwene laywer client, deceased testator will communication

absolute protection for mateirals uniquely product of lawyers learning and skills

- trial prep protected

Exception: substantial need an dinability to obtain without undue hardship.

prohibted from disclosing confidential info or using to clients diadvantage: i) protected by atty client ii) liekly to be embarrassing or detrimental iii) info client request be kept confidential. 

1) reasonably certain death or substantial bodily harm 

2) withdrawing written or oral opinion - if believes third persons relying on laywes work and based on inaccurate info

3) securing legal advice about lawyers or firms complicane with rules

4) defending self against accusation of wrongful condict

5) establish or collect fee

6) compliance with other law/court order

7) crime fraud exception

1) generally no representation if lawyer would conclude that sig risk that professional judgment adversely affected by interest

- UNLESS 1) lawyr believes can provide competnt and diligent representation 2) not prohibited by law 3) affected client gives informed consent in writting.

2) opposing realted lawyers = not imputed to firm

3) sex with client = no conflict if sex predates commencement of client lawyer relationship. generally not imputed. 

1) gen not permitted if client and lawyer have differing interstsin transaction and lawyer expected to excercis prof judgment. 

2) literary or media rights any negotiation or arrangement prohibted before matter concluded

3) soliciting gifts from client: exception if related to client and fair and reasonable. 

no representation with differeing interest

- exception if lawyer believes cna be competent not prohibited by law and each client gives informed consent confirmed inwriting.

aggregate settlement need informed consent by each client in writing

permitted if client gives informed consent; no interference with lawyers professional judgment or with client lawyer relationship and client lawyer confidentiality preserved.

- Professional competence 1) knowledge and skill 2) thoroughness and preparation 3) maintaining competence 4) lacking competence must withdraw

- Diligence 1) dedication to clinet 2) controllable workload

1) based on negligence: duty/breach of fiduciary duty/ causation/ damages

2) respondeat superior - imputed neglience of supervised lawyer

3) other thoeries: breach of contract/fiduciarty duty/intentinoal tort/ negligence

1) duty to avoid frivolous claims

2) claims brought to embarassdely or burden 

3) duty to expedite litigation (clients interests)

4) Duty of candor to tribunal

5) duty of fairness ot opposing party and counsel

1) use of false evidence is prohibted if knowingly

- if criminal D persists despite lawyers attempt to dissuade  lawyer may seek courts permission to withdraw.

- IF court refuses lawyer must disclose false testimony to tribunal

- MAY present defendnats false testimony in narrative form but cannot rely on it in closin garugment.

2) if unknown lawyer must take reasonable remdial measures including disclosure to tribunal if learnes evidnce false.

generalyl not permitted in adversarial proceddings with judge, jury or family meber, other lawyers, 

If communication with person repsresnted by counsel other lawyers consent needed if in scope of represenation. 

1) must not prosecute charge that prosecutor knows is not supported by probable cause

2) must not attempt to obtain waiver of important pre trail rights from unrepresented defendnat unless pro se with court approval

3) must timely disclose all known exculpatory evidence or info that tends ot disprove guilt or mitigate offense

4) must disclose appropaite authority new credible evidence creating reaosncalbe liklihood tha tdid not comit offense. 

1) widely distributed public statements are allowed if not false, deceptive or misleading statements. 

- must disclose if actor or copensated testimonial 

- must include name address and telephone number

- fee advertising limited to fee said and wrtten statemetn required for at least 30 days after ad visible.

- may identify area sof practice NOT cspecialization

2) solicitation limited no in-person realtime elctronic contact, or where solicitaion likely coersive or harassing. 

1) not admitted in jurisdiction (pro hac vice exception)

2) assisting non lawyer sin practice of law

permitted upon returment

- prior to sale buyer must review matters to determie if conclists exist. 

seller may disclsoe identity of client, state of matters, public court fles, financial terms of relationshos. prosepctive buyer bound by confidentiality. 

- seller an dbuyer must jointly give sellers clients notice of sale and no fee increase unless permitted or client agrees