1 2 5 8

Client-Lawyer Counselor Law Firms Integrity &

Relationship Misconduct
5.1 Supervisor Duties
2.1 Advising Clients
1.0 Terminology 8.1 Bar Admission / Reference
5.2 Subordinate Duties
2.3 Evaluation for 3rd Party
1.1 Competence 8.2 Statements about Judges
5.3 Non-Lawyer Duties
2.4 Serving as a 3rd Party
1.2 Scope 8.3 Reporting Prof. Misconduct
5.4 Professional Independence
1.3 Diligence 3 8.4 Misconduct
Advocate 5.5 Unauthorized Practice
1.4 Communication 8.5 Disciplinary Authorities / Juris.
3.1 Meritorious Claims 5.6 Restrictions on Practicing
1.5 Fees
3.2 Expediting Litigation 5.7 Non-Legal Services
1.6 Confidentiality
3.3 Candor to Court 6
1.7 Conflicts - Current Public
3.4 Fairness to Opponent Service
1.8 Conflicts - Specific 6.1 Voluntary Pro Bono
3.5 Influencing the Court
1.9 Former Client Duties 6.2 Accepting Appointments
3.6 Trial Publicity
1.10 Conflicts - Imputation 6.3 Legal Svcs. Organizations
3.7 Lawyer as a Witness
1.11 Conflicts - Gov. Lawyers 6.4 Law Reform Activities
3.8 Prosecutor Duties
1.12 Former Judge/Arbitrator 6.5 Limited Legal Services
3.9 Non-Adjudicative Rep.
1.13 Organizations as Clients 7
4
Transactions w/ Advertising
1.14 Diminished Capacity
Non-Clients 7.1 False / Misleading Ads
1.15 Property Safekeeping
4.1 Truthfulness in Statements
7.2 Advertising
1.16 Withdrawal / Declining
4.2 Represented Parties
7.3 Direct Contact
1.17 Sale of Practive
4.3 Un-Represented Parties
7.4 Specialization Ads
1.18 Prospective Client Duties
4.4 Respect for 3rd Parties
7.5 Firm Names / Letterhead

7.6 Political Contributions Created by: Virgil Royer

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Willamette College of Law
 INDEX

1.8 Accepting gifts 1.11 Government lawyers Conflicts

1.8 Acquiring a financial interest in case 1.1 Imputation of conflicts General
1.8 Advancing court / legal costs 1.8 Imputation of rule 1.8 Conflicts
7.2 Advertising 4.4 Inadvertantly sent documents
2.1 Advising clients 8.4 Influencing a Judge (misconduct)
6.2 Appointments 3.5 Influencing Judge
2.4 Arbitrator (serving as) 1.4 Informed consent (PAR)
8.4 Assist in misconduct 1.8 Joint client settlements / pleas
1.8 Business transactions w/ client 3.5 Jury communication
3.3 Candor to court 6.4 Law reform activities
7.4 Certifications (ads) 5.7 Law-Related services
3.3 Client crime / fraud to court 3.8 Lawyer as witness - subpoena
1.15 Client trust account 3.7 Lawyer as witness voluntary
3.4 Client withholding relevant information 7.5 Letterhead
1.7 Co-defendants in criminal case 6.5 Limited / temporary legal services
1.4 Comply w/ information requests 1.8 Limiting mal-practice liability
1.6 Confidential information 3.2 Litigation (expediting)
1.11 Conflicts w/ Government lawyers 1.8 Loaning client money
1.13 Constituent of organization representation 1.8 Mal-practice liability limitations
1.4 Consult re: means / objectives 1.8 Media rights
1.5 Contingent fee agreements 3.6 Media statements by advocate
3.3 Controlling authority (disclosure) 3.8 Media statements by prosecutor
3.3 Crime / fraud to court (by client) 3.1 Meritorious claims
1.7 Criminal co-defendants 8.4 Misconduct
1.2 Criminal counsel 5.7 Non-Legal services
1.16 Declining representation from client 3.4 Not supported by evidence (matters)
4.4 Delaying the judicial process 3.4 Obstruction to evidence
1.14 Diminished capacity 1.13 Organization as client
7.3 Direct contact w/ prospective clients 1.13 Organization's constituent representation
1.7 Directly adverse clients 1.12 Partisan lawyer (former)
1.8 Disadvantage current client 5.4 Partnerships w/ non-lawyers
1.9 Disadvantaging former clients 7.4 Patent atty (ads)
8.5 Discipline 3.3 Preventing client crime / fraud to court
3.3 Disclosing controlling authority (duty to) 5.5 Pro Hac Vice
3.4 Discovery requests frivolous 3.9 Pro Se parties
3.4 Disobeying court orders 5.4 Professional independence
1.15 Disputed funds/property (of client) 1.18 Prospective clients
1.1 Disqualified firm lawyers 1.17 Purchase of practice
3.5 Disrupting a tribunal 8.3 Reporting misconduct
1.5 Division of fees 5.6 Restrictions on practicing
4.4 Documents sent inadvertently 1.17 Sale of practice
2.1 Duty to advise clients 1.11 Screening former Government lawyers
3.3 Duty to disclose controlling authority 1.12 Screening former Judge / Arbitrator
4.4 Embarrassing third-parties 2.4 Serving as arbitrator / neutral party
2.3 Evaluation by third-party 1.8 Settling a mal-practice suit
3.4 Evidence falsifying 1.8 Sexual relations w/ client
3.8 Evidence negating guilt 5.4 Sharing legal fees
3.5 Ex-parte communication 1.13 Simultaneous rep. of organization constituent
3.2 Expediting litigation 7.3 Solicitation
2.1 Factors for giving advice to client 7.4 Specialization (advertising)
3.3 False evidence to court 8.2 Statements about Judges
3.3 False statements to court 5.5 Temporary legal services
3.4 Falsifying evidence 2.3 Third-party advice for lawyer
1.8 Financial assistance to client 1.8 Third-party payers
1.8 Financial interest in case 7.5 Trade names for lawyers / firms
1.9 Former client duties 1.15 Trust accounts (for client)
1.12 Former partisan lawyers 5.5 Unauthorized practice of law
1.2 Fraudulent counsel 3.8 Waiver of pre-trial rights
3.1 Frivolous claims 1.1 Waiving disqualification
3.4 Frivolous discovery requests 1.16 Withdrawal
1.8 Gifts 3.4 Withholding relevant information client
3.1 Good-faith argument (required)
 1.6 Confidentiality
1.1 Competence
MAY DISCLOSE information if:
Requirements:
a. client consents -or- in furtherance of client’s goals
-legal knowledge
b-1. prevent substantial bodily harm
-skill
b-2. prevent client from committing crime or fraud
-thoroughness
b-3. prevent / rectify substantial financial harm
-preparation
b-4. obtain advice for MRPC compliance
b-5. defense of malpractice / criminal / civil suit
1.2 Scope
b-6. comply with law -or- court order
Requirements:
a. must abide by clients decisions
1.7 Conflicts - Current Clients
and consult w/ client as to means
(a) NO concurrent conflicts of interest allowed, such as:
b. representation does NOT imply
a-1. directly adverse clients
endorsement of client’s views
a-2. material limitation on representation ability
c. lawyer MAY limit scope IF
[Rest. §129] 2+ defendants or potential defendants in the
a. reasonable, and
same criminal matter
b. client consents
MAY represent when conflicts exist IF:
d. may NOT counsel client to act
b-1. reasonable belief in competent representation
criminally or fraudulently
b-2. not prohibited by law
b-3. clients are NOT directly adverse (1.7(a)(1))
1.3 Diligence
b-4. EACH client gives WRITTEN consent
Requires:
-must act w/ reasonable diligence &
1.8 Conflicts - Specific
promptness
a. business transaction requirements:
1. fair and reasonable AND fully disclosed in writing
1.4 Communication
2. advised in writing to seek legal advice
Guidelines:
3. informed consent in writing (PAR)
(a)
b. may NOT use information to disadvantage client
1. promptly inform client of decisions &
c. may NOT accept substantial gift unless:
circumstances
-close familial relationship
2. consult w/ client as to means & objectives
-client has independent counsel or has been advised to
3. keep client informed of case status
seek counsel regarding the gift [Rest. §127(c)]
4. promptly comply w/ information requests
d. may NOT acquire media rights until AFTER representation
5. explain limitations of lawyer’s conduct
e. when a lawyer MAY provide financial assistance:
(b) must explain adequately enough for clients
1. court / litigation costs
to make informed decisions (PAR)
2. pro-bono / reduction in fees for indigent clients
f. requirements for 3rd party payers
1.5 Fees
1. client gives informed consent
Requirement:
2. NO interference w/ atty-client relationship
a. fee must be reasonable
3. atty-client information remains protected
Factors:
g. settlement / joint plea offers w/ joint-clients
1. time / difficulty / skill required
-written consent from EACH client
2. other employment preclusion
h. agreements to limit malpractice liability / settle MP suits
3. customary fee
1. may NOT limit a lawyer’s mal-practice liability unless:
4. amount of controversy / recovery
-client has independent atty for the agreement
5. time limitations via client / circum.
2. may NOT settle a malpractice suit w/ un-rep. person:
6. nature and length of relationship
-unless client has been informed in writing to seek
7. lawyer’s experience / reputation
a lawyer AND has been given time to do so
8. fixed vs. contingent fee
i. a lawyer MAY acquire a financial interest by:
b. must communicate scope & fee to client
1. lien for atty fees
c. contingent fee agreements must be written
2. contingent fee agreements
d. NO CONTINGENT FEE for:
j. may ONLY have sexual contact if prior relationship existed
1. domestic
k. imputation of 1.8 rules applies to ALL firm lawyers except:
2. criminal
-provision ( j )
e. DIVISION OF FEE Requirements (not same firm):
1. either PROPORTIONATE to the work
1.9 Former Client Duties
performed -or- JOINT RESPONSIBILITY
may NOT represent a client whose interests materially differ
and
from a former client unless: (a)
2. client agrees to division in writing
a. former client gives informed consent in writing (PAR)
and
b. lawyer may NOT represent a client who was represented
3. fee is reasonable
by a FIRM the lawyer was previously associated with
when interests are materially adverse, AND lawyer
acquired material information protected by 1.6 / 1.9(a)
c-1. may NOT use info. to disadvantage former clients
c-2. may NOT reveal or disclose confidential info.
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1.10 Conflicts - Imputation
General Rule:
a. If ANY firm lawyers are disqualified, ALL are
disqualified (unless it is a personal disqualification)
b. conflicts of FORMER firm lawyers continue to
impute disqualification IF the matter is substantially
related -or- any remaining lawyer was privy to info.
c. disqualification MAY BE WAIVED by informed
consent in writing BY the affected clients (PAR)
d. gov. lawyer disqualification is governed by 1.11
1.11 Conflicts - Gov. Officers / Employees
Requirement for LAWYER to represent a client w/
former connection to gov. matter:
a-1 continue to be bound by 1.9(c)
a-2. gov. agency gives informed written consent
Firm Lawyer MAY represent a client w/ former
connection to gov. matter IF:
b-1. disqualified atty is timely screened (part.&fees)
b-2. prompt written notice given to gov. agency
c. a former gov. lawyer may NOT use information
obtained from gov. employment to disadvantage
a former client
d. lawyer CURRENTLY working for government:
1. is subject to rules 1.7 and 1.9
2. shall NOT:
i. participate in a matter substantially related
to a matter from previous private practice
ii. negotiate for employment w/ a party involved
e. examples of “matters”
1.12 Former Judge/Arbitrator/Mediator/Clerk
MAY represent a formerly connected party IF:
a. ALL parties give informed consent in writing
b. lawyer shall NOT negotiate for employment
with an involved party
a CLERK may negotiate AFTER informing the
Judge in the matter
A Firm MAY represent formerly connected party IF:
c-1. disqualified atty is timely screened (part.&fees)
c-2. written notice given to ALL parties AND tribunal
d. MAY represent a former connected partisan party
1.13 Organizations as Clients
a. lawyer represents the ORGANIZATION
b. lawyer MAY refer matters to higher organization
authorities IF a constituent is likely to cause
substantial harm
c. if despite revealing info to the highest authority,
lawyer believes violation will still result, lawyer
MAY violate rule 1.6 to prevent injury to the Org.
d. lawyers retained to investigate or defend alleged
violations of law, are NOT subject to 1.13(c)
e. lawyer facing discharge for actions under (b)/(c)
MAY inform the organization’s highest authorty
of the discharge / withdrawal
f. lawyer MUST explain their role when interests
of the organization are adverse to a constituent
g. lawyer may simultaneously represent a
constituent of the organization IF they have
informed written consent by ANOTHER
appropriate official constituent
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1.14 Diminished Capacity
a. lawyer shall try to maintain a normal client
relationship as is reasonable
b. lawyer may take reasonable actions to prevent
substantial physical, financial or other harm
c. lawyer is still bound by rule 1.6nancial or other harm
1.15 Property Safekeeping
a. client property & funds must be kept separate
(records must be kept for at least 5 years)
b. lawyer may keep enough $ in acct. for bank fees
c. fees paid in advance MUST be kept in a client
trust account & w/drawn only when earned
d. must promptly notify client when property is
received, AND must comply w/ client requests
for funds / property to which they are entitled
e. lawyer in possession of disputed property/funds
MAY keep such separate until resolution
1.16 Withdrawal / Declining
MUST withdraw IF:
a-1. representation will violate MRPC
a-2. lawyer is physically / mentally impaired
a-3. lawyer is discharged
MAY withdraw IF:
(b)
1. can be done w/out material adverse effect
2. client persists in criminal/frudulent behavior
4. repugnancy or fundamental disagreement
5. client fails to fulfill an obligation
6. unreasonable financial burden on lawyer
7. other good cause...
c. lawyer must comply w/ laws regarding withdrawal
d. after withdrawal, lawyer shall continue to protect
former client’s interests (surrendering documents, etc.)
1.17 Sale of Practice
Requirements to buy / sell a practice:
a. seller must cease that kind of practice in that
jurisdiction
b. the ENTIRE practice or area of practice is sold
c. written notice given to EACH client
1. notice of proposed sale
2. client’s right to obtain new atty & their file
3. tacit consent will be assumed in 90 days
d. Fee and scope agreements are honored
1.18 Prospective Client Duties
a. IF a person discusses the possibility of forming a
client-relationship, they are a prospective client
b. even if a client-lawyer relationship does NOT result,
a lawyer may NOT disclose info from consultation
c. lawyer may NOT represent a prospective client w/
materially adverse interests as a current client
IF disqualifying information is received, lawyer may STILL
represent client IF:
d-1. both affected & prospective clients give informed
written consent
- or -
d-2. lawyer avoided exposure to additional info
d-2-i. disqualified lawyer is timely screened
d-2-ii. written notice promptly given to prospective client
2.1 Advising Clients 3.5 Influencing the Court / Judge
Duty: Lawyers shall NOT:
-exercise independent professional judgment & render a. unlawfully seek to influence judge/juror/official
candid advice b. have unauthorized ex-parte communications
Factors a lawyer may consider when advising: c. inappropriately communicate w/ juror after trial
-legal d. intentionally disrupt a tribunal
-moral
-economic 3.6 Trial Publicity
-social Lawyers / Firm Members may NOT say:
-political a. make statements w/ substantial likelihood of
material prejudice
2.3 Evaluation for Use by 3rd Party Lawyers / Firm Members MAY say:
Requirements: (b)
a. reasonable belief that the eval. is compatible w/ the 1. claim, offense, or defense involved
atty-client relationship 2. public record information
- or - 3. investigation is in progress
b. client gives informed consent 4. litigation schedule
c. except as authorized by an evaluation, info related to 5. assistance requests for obtaining info or
the evaluation is protected under rule 1.6 evidence
6. warnings of danger
2.4 Serving as a 3rd Party (Arbitrator / Mediator) 7-i. client identity, residence, occupation, and
a. IS: assisting 2+ persons who are NOT clients family status
b. MUST inform parties that: 7-ii. information to aid apprehension
-lawyer is NOT representing them 7-iii. facts, time & place of arrest
-explanation of differences between 3rd-Party Neutrals 7-iv. identity of investigating / arresting officer(s)
and “representation” IF any party misunderstands c. defensive statements to rebut recent publicity
d. firm / gov. lawyers may be subject to 3.6(a)
3.1 Meritorious Claims
Requires issues be: 3.7 Lawyer as Witness
-based in law AND fact Lawyer MAY advocate AND witness IF:
-non-frivilous a-1. uncontested issue
-good-faith argument a-2. relates to legal services rendered
a-3. disqualification would impose substantial
3.2 Expediting Litigation hardship on client
-Must make reasonable efforts consistent w/ client interests Lawyer MAY advocate while a FIRM lawyer is
witness UNLESS prohibited by:
3.3 Candor to Court (b)
Requires: -rule 1.7 (conflict of interest w/ current client)
a-1. NO false statements of fact or law, or failure to correct - or -
previous false statements rule 1.9 (duties to former clients)
a-2. disclose controlling authority adverse to client
a-3. NO false evidence may be offered 3.8 Prosecutor Duties
b. prevent / remedy a client’s criminal / fraudulent conduct Include:
related to the proceeding a. ONLY prosecute probable causes
c. compliance is required even if violating rule 1.6 b. assure the accused opportunity for counsel
d. in ex-parte proceedings, lawyer MUST inform the c. NOT seek waiver for pre-trail rights from pro se
court of ALL material facts whether or not adverse d. MUST disclose ALL evidence negating guilt
e. NOT calling current / former client lawyers as
3.4 Fairness to Opponent witnesses
Requires: UNLESS:
1. unprotected information
a. may NOT obstruct access to evidence - or -
b. may NOT falsify evidence 2. ESSENTIAL evidence, and
c. may NOT disobey a valid court obligation 3. NO other reasonable means to obtain
d. may NOT request frivolous discovery or fail to f. NOT making extra-judicial comments which may
produce valid discovery requests prejudice the accused
e. may NOT allude in trial to matters not supported g. MUST promptly disclose NEW evidence which
by evidence & [Rest. §107(2)] might negate guilt / conviction
f. may NOT request a non-client to withhold relevant 1. must disclose to the court
2-i. must disclose to the defendant
info. 2-ii. must reasonably investigate the validity
of the conviction
h. MUST remedy false convictions

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3.9 Non-Adjudicative Representation
-Lawyer must disclose to the agency that their
appearance is in a representative capacity
-Must conform to rules: 3.3(a-c), 3.4(a-c), and 3.5
4.1 Truthfulness in Statements
Requires:
a. NO material false statements of fact or law
b. Disclosure of material fact when necessary to avoid
assisting a criminal / fraudulent act by a client
4.2 Represented Parties
A Lawyer MAY NOT communicate with UNLESS:
-opposing party’s lawyer consents
-authorized by law or court order
4.3 Un-Represented Parties (Pro Se)
Requirements:
-NOT state or imply that the lawyer is disinterested
-reasonably ensure the un-represented party understands
the lawyer’s role in the matter
-NOT give legal advice to the pro se party
4.4 Respect for 3rd Parties
Requires:
a. NOT using means w/ no other purpose other than to
embarrass, delay or burden a 3rd person
b. promptly notify the sender of INADVERTENTLY SENT
documents relating to a representation
5.1 Supervisor Duties
a. MUST reasonably ensure ALL subordinate lawyers
comply w/ MRPC
b. supervisors MUST make reasonable efforts to ensure
compliance by subordinate lawyers
Responsible for subordinate violations IF:
c-1. orders or ratifies the conduct
c-2. knows of the conduct but fails to remedy the action
5.2 Subordinate Duties
a. lawyer is bound by the MRCP
b. a subordinate lawyer may not be liable for MRPC
violations IF:
-they act in accordance w/ a supervisor’s
REASONABLE resolution of an ARGUABLE
question of professional conduct
5.3 Non-Lawyer Duties
a. Supervisors MUST reasonably ensure ALL
non-lawyers comply w/ the professional obligations
of the lawyer
b. lawyer MUST make reasonable efforts to
ensure non-lawyer observes MRCP
Supervisor IS responsible for the violation IF:
c-1. they order or ratify the conduct
c-2. knows of the conduct but fails to remedy the
action
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5.4 Non-Lawyer Relationships
Lawyers MAY NOT:
a. share legal fees w/ non-lawyers
UNLESS:
1. payments over a reasonable time period to
a deceased lawyer’s estate or beneficiaries
2. purchase price of a practice
3. compensation or retirement plans for
employees - even if based on profit-sharing
4. court awarded atty fees w/ a retaining or
referring NON-PROFIT organization
b. form partnerships w/ non-lawyers
c. permit another to direct or regulate their prof.
judgment in rendering legal services
[Rest. §134(c)] allows a client to consent to another’s
direction of the lawyer’s prof. judgment
d. work in a professional corp. / organization IF:
1. non-lawyer owns an interest
2. non-lawyer is a corporate director or officer
3. non-lawyer has the right to direct the lawyer’s
professional judgment
5.5 Unauthorized Practice of Law
Lawyer MAY NOT:
a. practice in violation of jurisdictional regulations
b-1. hold a systematic or continuous presence in
an un-admitted juris. for the practice of law
b-2. advertise or imply that they are admitted to
practice in an un-admitted juris.
Lawyer MAY provide TEMPORARY services:
(c)
1. in association w/ an admitted atty who
actively participates
2. w/ pro hac vice
3. providing services that do not require
pro hac vice
4. for issues that arise or are related to the
atty’s jurisdiction of admission
Lawyer may ALWAYS provide services despite
admission to the bar IF:
d-1. such services do not require pro hac vice
d-2. authorized by Federal or other Juris. / Law
5.6 Restrictions on Practicing
practice may NOT be limited by:
a. restrictions to practice following termination
b. restrictions to practice as part of a settlement
5.7 Non-Legal Services (Law-Related Services)
Non-Legal services MUST comport w/ MRPC IF:
(a)
1. “law-related” services are indistinguishable
from “law practice” services
2. lawyer does not take reasonable steps to
ensure the customer understands they are
NOT receiving “legal services”
b. “law-ralated services” are services related
to legal services, but may be performed by
non-lawyers legally
6.1 Voluntary Pro Bono
(lawyers should aspire to 50 hours /year)
a-1. to persons of limited means
a-2. to charitable, religious, civic, community, gov.,
and educational - in matters designed for
persons of limited means
b-1. in protection of: civil rights, civil liberties, and
public rights
b-2. delivery of services at reduced rates those with
limited means
b-3. activities aimed at improving the law
6.2 Accepting Appointments
Good causes for avoiding appointment include:
a. likely to violate MRPC or other law
b. unreasonable financial burden upon atty
c. client or cause is repugnant
6.3 Legal Services Organizations
Lawyer may NOT participate in IF:
a. incompatible w/ rule 1.7 (conflicts - current client)
b. would result in a material adverse effect on
a client of the organization
6.4 Law Reform Activities
Lawyer MUST disclose:
-IF / WHEN the interests of a client may be
materially benefitted by a decision
6.5 Non-Profit / Limited Legal Services Programs
only subject to rules 1.7 & 1.9(a) IF:
a-1. lawyer KNOWS of a conflict of interest
only subject to rule 1.10 IF:
a-2. lawyer KNOWS that another firm member is
disqualified by 1.7 or 1.9(a)
b. other than 6.5(a)(2), rule 1.10 is not applicable
7.1 False / Misleading Advertisements (Communications)
-Ads regarding services must NOT be false or misleading
an ad is false / misleading IF:
-contains a material misrepresentation of law or fact
-omits a fact necessary to determine if it is misleading
7.2 Advertising
a lawyer MAY advertise via:
a. written, recorded, electronic, & public media
a lawyer MAY give value for referrals IF:
(b)
1. for advertisement costs
2. charges for approved referral services
3. purchase price for a practice
4. NON-EXCLUSIVE referral agreements which
the client is INFORMED of
ALL advertisements MUST include:
(c)
-lawyer or firm’s name
-office address
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7.3 Direct Contact w/ Prospective Clients
lawyer MAY have direct contact IF:
a-1. prospect is a lawyer
a-2. prospect is: family, close personal relationship, prior
client or prior professional relationship
lawyer may NOT have direct or indirect contact IF:
b-1. prospect has made known their desire to NOT be
solicited
b-2. solicitation involves: coercion, duress, or harassment
ALL written / recorded / electronic Ads MUST state:
c. the words “Advertising Material”
d. lawyer may participate w/ legal service plan IF
solicitations do NOT involve those in need of legal
legal services in a particular matter
7.4 Specialization Advertisements
lawyer MAY advertise:
a. fields of law practiced (vel non)
b. Patent Atty.
c. Admiralty Atty.
d. certifications - - - IF:
1. by a state-approved or ABA-accredited organization
2. Ad clearly identifies the certifying organization
7.5 Firm Names / Letterhead
lawyers MAY use a trade name IF:
(a)
-does NOT imply a government connection
-does NOT imply a connection w/ a public or
charitable organization
b. firms w/ offices in multiple juris. MAY use the
same name - but must identify juris. limitations
on lawyers if applicable
lawyers holding PUBLIC OFFICE may NOT:
c. mention their name in advertisements or
communications from or for the firm
d. lawyers may imply that they practice in a
partnership / firm / organization ONLY when
that is the fact
7.6 Political Contributions
-lawyers / firms may NOT accept appointments IF they
have made / solicited political contributions FOR THE
PURPOSE of obtaining appointments
8.1 Bar Admission / References for Bar Candidates
applicants / lawyers shall NOT:
a. knowingly make false statements
b. -fail to disclose a fact necessary to correct a
misapprehension
-knowingly fail to respond to a lawful demand
for information
8.2 Statements about Judges & Legal Officials
lawyer shall NOT make statements:
a. known to be false concerning a judge or
judicial candidate
b. judicial candidates must also follow judicial rules
8.3 Reporting Professional Misconduct
lawyers MUST report IF:
a. violation raises a SUBSTANTIAL question as to
the lawyer’s: -honesty
-trustworthiness, or
-fitness to practice
b. violation raises a SUBSTANTIAL question as to
the judges: (same as in (a))
c. this rule does NOT require violation of rule 1.6

8.4 Misconduct
Includes:
a. violate or attempt to violate MRPC
b. criminal act adverse to: honesty, trustworthiness,
or fitness to practice
c. conduct involving: dishonesty, fraud, deceit, or
misrepresentation
d. conduct prejudicial to the admin. of justice
e. state or imply ability to influence judge or court
f. assist a judge or judicial officer in violating the
MRPC

8.5 Disciplinary Authorities / Jurisdictions

lawyer may be disciplined in:
(a)
-lawyer’s admitted jurisdiction
-where the conduct occurred
-sometimes BOTH jurisdictions for same conduct
b-1. choice of law is where the matter pending
took place
lawyer may NOT be disciplined for:
b-2. conduct reasonably believed to have effects
occurring in a jurisdiction where such conduct
is allowed