Professional Documents
Culture Documents
Rule 1.0
(d) Fraud: Denotes conduct that is fraudulent under substantive or procedural law of the applicable jurisdiction and
has the purpose to deceive.
(f): "Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A person's knowledge may
be inferred from circumstances.
(e) Informed Consent: denotes the agreement by a person to a proposed curse of conduct after the lawyer has
communicated adequate info and explanation about the material risks of and reasonably
available alternatives to the proposed course of conduct.
RULE 1.3: Atty shall act with reasonable diligence & promptness representing a client.
Rule 1.14 “Client With Diminished Capacity”
(a) When a client's capacity to make adequately considered decisions in connection with a representation is
diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as
reasonably possible, maintain a normal client-lawyer relationship with the client.
(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical,
financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer
may take reasonably necessary protective action, including consulting with individuals or entities that have the
ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad
litem, conservator or guardian.
(c) Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When
taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal
information about the client, but only to the extent reasonably necessary to protect the client's interests.
(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a
concurrent conflict of interest. A concurrent conflict of interest exists if:
(1) The representation of one client will be directly adverse to another client; or
(2) There is a significant risk that the representation of one or more clients will be materially limited
by the lawyer's responsibilities to another client, a former client or a third person or by a personal
interest of the lawyer.
Even if there is no direct adversity, there is a conflict if there is a significant
likelihood that a difference in interests will eventuate and, if it does, that will
materially interfere with the lawyers independent professional judgment. CMT 8
(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may
represent a client if:
(1) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent
representation to each affected client;
A lawyer may not ask for consent if in the circumstances the lawyer cannot
reasonably conclude that the lawyer will be able to provide competent and diligent
representation. CMT 15
(2) The representation is not prohibited by law;
For example, some state law provides that even with consent a lawyer may not
represent more than one defendant ina capital case CMT 16
(3) The representation does not involve the assertion of a claim by one client against another client
represented by the lawyer in the same litigation or other proceeding before a tribunal; and
(4) Each affected client gives informed consent, confirmed in writing.
To get informed consent a lawyer must explain to each affected client the ways
that the conflict could have adverse effects on the interests to that client CMT 18
May require disclosure of anothers clients confidences which requires that clients
consent CMT 19
RULE 7.1 Prohibits a lawyer from making false or misleading communications about themselves or their services.
This rule has an eye to lawyer advertising etc.
Duty To Report
Rule 8.3 “reporting Professional Misconduct.
(a) A lawyer who knows that another lawyer has committed a violation of the rules that raises a
substantial question as to that lawyers honesty, trustworthiness or fitness as a lawyer, shall
inform.
Knows: objective test reasonable pers.
o Exception:
(1) Not all violations must be reported. Only “substantial questions of lawyers honesty
etc.
(b) Requires reporting misconduct by judges
(2) A report need not be made if it would reveal info required to be kept in confidence
under rule 1.6. But a lawyer should encourage a client to wave confidence and
permit report if substantial prej. To client.
(c) Rule NOT require report of info under 1.6 or info gained by lawyer obtained while during
approved lawyers assistance program