Term
General Misconduct - A lawyer is generally liable for...
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Definition
| A lawyer is generally liable for (1) Violating or attempting to violate the RPC (2) Inducing or knowingly assisting another in violating the RPC (3) Engaging in conduct that is dishonest, deceitful, fraudulent, or misrepresentative (4) Engages in conduct that is prejudicial to the administration of justice. |
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Term
| A lawyer's duty of confidentiality |
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Definition
| A lawyer may not reveal confidentail information obtained during a client's representation without the client's informed consent. This duty extends to prospective clients who "discuss the possibility of forming a lawyer client relationship." However, there is no duty where a person discloses such information without a good faith expectation of forming such a relationship. |
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Term
Duty of Confidentiality Exceptions:
Generally, a lawyer must not reveal a client's confidential information unless: |
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Definition
Generally, a lawyer may not reveal a client's confidential information unless:
- Ordered so by the court
- to prevent a client from committing a crim or fraud which they used the lawyer's services to perpetrate
- obtain legal advice for a RPC violation
- upon informed consent of the client
- the information has become public knowledge
- for purposes of defense in a malpractice or RPC action
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Term
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Definition
| A lawyer must act with reasonable diligence and promptness to keep a client infrmed about teh status of a matter relating to representation. Additionally, failure to disclose material facts will result in a violation. |
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