Term
| 1.1 Competence. (3 ways a lawyer can meet competence) |
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Definition
1. Necessary study and reasonable preparation
2. Through association with a more experienced attorney
3. If it's an emergency, what is reasonably necessary |
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Term
| 1.2 Scope, Client decisions |
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Definition
1. Decide objectives of representation
Civil - when to settle
Criminal - plea, testify, go to trial |
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Term
| 1.2 Scope, Express limitation of scope... |
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Definition
| Lawyers can limit the scope of representation where reasonable, with informed consent |
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Term
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Definition
Handle your shit.
Management of workload/how many matters an attorney takes on |
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Term
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Definition
| "Promptly" - works primarily with other rules. |
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Term
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Definition
| 1. All information relating to representation SHALL not be revealed. |
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Term
| 1.6 Confidentiality, general exceptions |
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Definition
1. Informed consent,
2. Implied Authorization to carry out representation,
3. Specific 1.6(b) exceptions |
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Term
| 1.6(b)permissive (may reveal) exceptions |
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Definition
1. Lawyer reasonably certain of future death or serious injury
2. Attempts at financial crime/fraud where service is used in furtherance
3. Crime/fraud where service was used and lawyer later found out.
4. Legal advice about ethics rules
5. Establish a claim or defense in client v. lawyer litigation
6. Complying with a court order
7. To detect and resolve conflicts of interest (without revealing client's identity) |
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Term
| 4.1 Truthfulness in statements to others |
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Definition
| No failure to disclose a material fact to a third person when disclosure is necessary to avoid assisting crime/fraud by client...unless disclosure prohibited by confidentiality (1.6) |
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Term
1.7 Client Conflicts
Two ways a conflict can exist. |
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Definition
1. Directly adverse positions or
2. A significant risk representation will be materially limited by responsibilities to current client, former client, third person, or personal interests. |
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Term
1.7 Client Conflicts
When is a conflict consentible? |
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Definition
1. Reasonably believes can provide competent and diligent representation to both
2. Not prohibited by law
3. Not litigation |
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Term
1.9 Duties to Former Clients
Former client |
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Definition
| No representing someone in the same or substantially related matter, where current clients interests are materially adverse to former client's interests...unless informed consent. |
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Term
1.9 Duties to Former Clients
Former firm |
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Definition
| 1. Prohibited where interest is adverse and lawyer acquired information about former client protected by 1.6/1.9(c) |
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Term
1.9 Duties to former clients
Rule of information |
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Definition
| Information of a former client of lawyer OR firm can not be used to disadvantage of former client, OR revealed. |
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Term
| 1.10 Imputation of conflicts |
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Definition
| A conflict of one lawyer is imputed to entire firm. |
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Term
1.10 Imputation of conflicts
Exceptions |
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Definition
1. Personal interest and no significant risk of materially limiting.
2. Conflict is from a prior firm and properly "screened" |
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Term
1.10 Imputation of conbflicts
When a lawyer leaves a firm, lawyer's former clients do not create conflict for remaining members except: |
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Definition
1. Matter is same or substantially related AND
2. Any remaining lawyer has confidential info |
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Term
1.13 Organization as a client
General concepts and duties |
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Definition
1. Represents organization through authorized constituants
2. SHALL report internal illegalities likely to result in subst. injury
3. MAY report out the same, only if reasonable belief its necessary to save organization |
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Term
1.16 Declining or terminating representation
(a) Shall not represent or Shall withdraw when: |
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Definition
1. Representation would violate a rule
2. Physical or mental condition materially impaired
3. Lawyer is discharged |
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Term
1.16 Declining or terminating representation
(b) MAY withdraw when: (7) |
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Definition
(1) withdrawal can be accomplished without material adverse effect on the interests of the client;
(2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent;
(3) the client has used the lawyer's services to perpetrate a crime or fraud;
(4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement;
(5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
(6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
(7) other good cause for withdrawal exists. |
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Term
1.16 Declining or terminating representation
(c) Permission of tribunal |
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Definition
1. Withdrawal must comply with notice requirements
2. When ordered by a judge to stay, you stay. The end. |
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Term
1.16 Declining or terminating representation
(d) Upon termination of representation, a lawyer shall |
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Definition
Take steps to the extent reasonably practicable to protect a client's interests.
EX: Handing over the file, giving adequate notice, etc etc. |
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Term
4.3 Dealing with unrepresented persons
Three rules |
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Definition
1. Don't imply disinterest
2. Correct any misunderstanding of your role
3. Don't give legal advice to parties of adverse interest, except to obtain counsel. |
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Term
| Confidentiality v. Privilege |
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Definition
Confidentiality deals with ethics and civil liability
Privilege is the law of evidence.
*A subpoena can reach confidential info, but not privileged. |
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Term
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Definition
Ability to bind client,
Vicarious admissions can be used against client but not bind them
Confidentiality largely overlaps with 1.6 but not exactly. |
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Term
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Definition
1. higher duty than ordinary fiduciaries
2. Other business dealings with client, even as "not-lawyer", must respect fiduciary relationship |
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Term
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Definition
| Client agrees to proposed course of conduct after lawyer sufficiently explains material risks and reasonable alternatives |
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