Professional Documents
Culture Documents
I) DEFINITIONS
A) Informed Consent: The agreement by a person to a proposed course of conduct after the L has comm adequate
info & explanation about the material risks of and reas available alternatives.
B) Knowledge: Actual knowledge, which may be inferred from the circumstances
C) Screened: The isolation of a L from any participation in a matter through the timely imposition of procedures reas
adequate under the circumstances to protect info that the isolated L is obligated to protect under these Rules or
other law. This is used in 1.10, 1.11, 1.12, and 1.18
II) ART I: LAWYERS DUTIES TO CLIENTS
A) 1.1 Duty of Competence: L shall provide competent rep to C, including: 1) legal knowledge & skill through
experience, assn. w/ other L, or N study; & 2) adequate thoroughness and preparation.
B) 1.2 Scope of Representation & Allocation of its Authority:
1) Limiting Scope of Rep: L may limit scope of rep if reas under circs & C gives informed consent.
2) Endorsement: Rep of C doesnt constitute endorsement of his political/econ/social/moral views/activities. But,
L must not knowingly counsel/assist C in crim/fraud conduct (but can give opinion of consequences).
3) Allocation of Authority
(a) Client: Objective of the Representation, & unless C has authorized otherwise, Settlement, Appeal,
Criminal Pleas, Criminal Jury, Criminal-D Testimony,
(b) Lawyer: Actions impliedly authorized to carry out rep, deferring to C as to expenses & TP effects
C) 1.3 Duty of Diligence: L should act w/ reas diligence/promptness when repping a C to the end of the rep. L
should zealously pursue rep despite opposition/inconvenience, but is not req to press every advantage.
1) SP should prepare for death/disability by naming caretaker of files.
D) 1.4 Duty of Communication: L shall 1) promptly inform C of circumstances req his informed consent, 2) reas
consult about means f accomplishing objectives, 3) keep C reas informed, 4) promptly acknowledge C comms, 5)
inform C of his limits when C expects assistance not permitted by the Rules/Law, & 6) reas explain matters to C.
E) 1.5 Reasonableness of L Fees:
1) Reasonableness: L shall not seek/collect an unreas amount for fees/exp. by looking to factors.
2) Comm of Feeas: L shall comm scope of rep & fee/exp. involved to C, preferably in writing, before/reas time
after commencement, unless C is reg repped by L on the same basis/rate & it is not changed.
3) Contingent Fees: L may charge CFs except in 1) crim cases, or 2) divorce/alimony/prop. CF agreement must
be written, signed, & describe calc of % & exp. After, L must provide written statement of the outcome/calc.
4) Division w/ Unassoc. Ls: L may divide fee w/ L not in firm only if 1) in proportion to services or w/ joint
responsibility, 2) C agrees in writing, & 3) the total fee is reas
F) 1.6 Duty of Confidentiality: L shall not reveal info relating to rep unless: 1) C gives informed consent; 2)
disclosure is impliedly authorized to carry out rep; 3) to prevent reas certain death/harm; 4) to prevent Cs
crime/fraud using Ls services reas certain to subst. harm $/prop interests of TP; 5) to prevent/mitigate/rectify such
harm; 6) to seek legal advice about Ls compliance w/ Rules; 7) to defend L in a controversy w/ C or based upon
Cs conduct or to respond to such allegations; 8) to comply w/ law/Ct order; or 9) to detect & resolve COIs arising
from in Ls firm/move where the info would not compromise the AC privilege or otherwise prejudice C.
1) 1.8
2) 1.18 Prospective Clients:
3) 1.9 Former Clients:
6) 1.12 COIs of Former Judge or TP Neutral: L shall not rep anyone in a matter in which he participated
personally & subst. as a judge, adjudicative officer, or TP neutral, unless all give informed consent. The
conflict is imputed to all assoc. Ls unless L is screened.
H) 1.13: Duties to Organizational Clients:
1) Client: The L reps the Org. (who acts through its constituents) not the ppl themselves. When L knows the
Org.s interests are adverse to its ppl he shall explain to them that he reps the Org. L may also rep a
constituent if there is no COI or if there is valid consent to the COIs.
2) Reporting Up: If L knows someone is/will ac/omit in a matter related to the rep that violates a legal
obligation to the Org. or harms the Org. he shall proceed in the best interests of the Org., incl. reporting the
matter to higher authority in the Org., incl. if N the highest authority that can act on behalf of the Org.
3) Reporting Out: Except for Ls hired to defend the Org., if despite Ls reporting up efforts no actions are taken
to address a clear violation of law that L is reas certain will subst. injure the org., L may reveal confidential
info regardless of ABA 1.6 to the extent he reas believes N to prevent subst. injury to the Org.
4) Ls Discharge: If believes he was discharged bc of reporting actions taken or he w/draws under such circs, he
shall assure the org.s highest authority is informed of his departure.
I) 1.14 Duties to Client w/ Diminished Capacity: When Cs capacity to make adequately considered decisions is
diminished, L shall maintain a normal AC relationship, but where L believes C is at risk for subst. phys/$/other
harm unless action is taken, he must take reas N protective action incl. consulting w/ ppl & seeking a guardian.
When doing so, L is impliedly authorized under 1.6 to reveal info to the extent reas N to protect Cs interests.
1) Where diminished C is threatened w/ imminent harm, L may take emergency legal action on his behalf.
J) 1.15 Duties in Safekeeping Property: L shall hold C funds separately in an in-state client trust account and keep
accurate records. L may deposit his own funds just to pay bank fees. L shall promptly notify C & deliver funds to
which he is entitled. When >1 claims title to prop, L shall keep it separate until the dispute is resolved.
1) L must keep prepaid fees in the C trust account & withdraw as earned.
K) 1.16 Duties in Declining or Terminating Representation:
1) Court Permission: Where lit has started, L must comply w/ law req notice & permission of Ct to terminate rep
2) Mandatory: L shall decline or terminate rep where 1) it will violate Rules/Law; 2) Ls phys/mental condition
impairs his ability to rep C; or 3) C fires L.
3) Permissive: L may withdraw from rep if 1) it will not materially adversely affect C; 2) C plans to use Ls
services for crime/fraud; 3) C has used Ls services for crime/fraud; 4) C insists on action repugnant to L or
there is a fundamental disagreement; 5) C subst. fails to fulfill an obligation to L regarding the rep & has been
warned; 6) rep will create unreas $ burden for L or was rendered unreas difficult by C; or 7) other good cause.
4) Continuing Duty to C: After end L shall take reas steps to protect Cs interests by reas notice, time to seek
other counsel, surrendering papers/prop to which C is entitled and refunding any unearned advance fee.
L) 1.17 Duties w/ Sale of Law Practice: L/Firm may sell/purchase a law practice/area if: 1) S ceases to practice
privately in the J/area or field; 2) the entire practice/area is sold; 3) S gives notice to Cs regarding the sale, Cs
right to leave, & the otherwise pending transfer of his files; and 4) fees charged to Cs are not increased by the sale
1) S may return to practice bc of an unanticipated .
M) 1.18 Duties to Prospective Clients:
1) Prospective Clients: Ppl who consult w/ L about forming an AC relationship w/ respect to a matter
2) Duty of Confidentiality: L shall not use/reveal info from a prospective client except as permitted by 1.9
3) Duty of Loyalty: L shall not rep a C w/ interests materially adverse to a PC in the same or a subst. related
matter if he received info from PC that could be significantly harmful to PC in the matter unless 1) both Cs
consent; or 2) L took reas measures to avoid disqualifying info in interview & is screened.
(a) Any COI here is imputed to all Ls assoc. w/ the L.
3) Respondeat Superior: A L is responsible for another Ls or a non-Ls violation of the RPC if: 1) he orders, or
w/ knowledge, ratifies the conduct; or 2) he is a P/S or has direct supervisory authority over the L or non-L &
knows of the conduct when it could have been avoided/mitigated but fails to take remedial action.
B) 5.2 Responsibilities of a Subordinate L: L is bound by the RPC even though he acted at the direction of another
person, but a subordinate doesnt violate the RPC by acting in accordance w/ supervisory Ls reas resolution of an
arguable Q of professional duty.
C) 5.4 Professional Independence of a Lawyer:
1) Sharing Legal Fees w/ Non-Ls: L/Firm shall not share fees w/ a non-L except 1) compensation to estate of
deceased assoc. L; 2) compensation to estate/rep selling deceased Ls practice; 3) profit sharing agreements w/
non-L employees of firm; and 4) sharing Ct awarded leal fees w/ a nonprofit Org. that referred/employed L
2) Multi-Practice: L shall not form a Pship w/ a non-L if it will, at least in part, practice law
3) TP Payor: L shall not allow one who recommends/employes/pays L to rep another to direct Ls pro. Jd.
4) Practicing in Firm Ran by Non-L: Shall not practice in a firm if a non-L holds any interest therein, is a
director/officer therein, or has the right to direct/control the Pro. Jd of the L.
D) 5.5 Unauthorized Practice of Law & Multi-J Practice of Law:
1) Rule: L shall not practice law, est. a systematic/continuous presence, or represent that he is admitted to
practice, in a J in which he does not have authorization, or assist another to do so
2) Temporary Exception: Where L is admitted in another US J & not disbarred/suspended anywhere, he may
provide legal services on a temp basis in another J 1) in assoc. w/ an admitted & participating L; 2) reas
related pending/potential proceedings if L is authorized by law/Ct to appear; 3) reas related to ADR
proceedings in this/other J if the services arise out of or are reas related to Ls practice in an admitted J & not
req pro hac vice admission; or 4) arise out of or are reas related to Ls practice in a J in which he is admitted.
3) Employer Exception: Where L is admitted in another US J & not disbarred/suspended anywhere, he may
provide legal services through an office/other presence that 1) is provided to Ls employer & w/out forum req
of pro hac vice admission; or 2) are services L is authorized by federal or other law/rule to provide in the J.
E) 5.6 Restrictions Upon Ls Rights to Practice Law: L shall participate in offering/making an agreement 1) that
restricts the rights of a L to practice after termination of the relationship (except concerning retirement benefits);
or 2) in which such a restriction is part of the settlement of a C controversy.
F) 5.7 Responsibilities Regarding Law-Related Services (LRS): Ls are subject to the RPC w/ respect to the
provision of LRS if they are provided by L to C in conjunction w/ legal services; or where L fails to take reas
measures assuring that the C knows they are not legal services & dont carry protections of the AC relationship.
VII) ART VII: LAWYERS DUTIES IN COMMUNICATING
A) 7.1 Duties in Communications Concerning Ls Services: L shall not make a false or misleading comm about
himself or his services, which occurs if it contains a material misrep of fact/law or omits a fact N to make the
statement as a whole non-misleading.
1) 7.4 Communicating Fields/Specializations: L may comm fields of practice, but not state specializations
unless 1) certified so by a state/ABA approved Org.; & 2) the name of the Org. is identified in the comm.
2) 7.5 Firm Names & Letterhead: L shall not use misleading firm names or letterhead but may use trade names
not implying a Gov./public/charitable connection, or names incl. all/some or even dead membersbut not
public officials for a subst. period in which he is not w/ firm. Firms may use the same name across Js but must
state J limits of Ls. If Ls are not assoc. together in a firm, they may not denominate themselves as such.
B) 7.2 Duties in Advertising Ls Services: L may advertise services through written/recorded/elec comm including
public media. But, L shall not pay for referrals except 1) cost of permitted ads; 2) coss of qualified legal services
plan; 3) purchasing a law practice under 1.17; or 4) a mutual referral agreement if not exclusive and C is informed
1) Any advertising comm must include the name/office of at least one L/Firm responsible for its content.
C) 7.3 Duties in Soliciting Clients:
1) Rule: L may not solicit Cs by in-person, live telephone, or real-time elec contact for pecuniary gain, unless the
person contacted is a L or has a family/personal/prior professional relationship w/ L.
2) Strong Rule: L shall not solicit by such means even when not prohibited by (a) if the target makes known his
desire to not be contacted or the solicitation involves coercion, duress, or harassment.
3) Grou Plan: L may participate in a group legal service plan not directed by him that solicits.
D) 7.6 Political Contributions to Obtain Gov. Legal Work: A L/Firm shall not accept Gov. work if it makes a
political contribution or solicits such to obtain that type of work/appointment.
VIII) ART VIII: LAWYERS DUTIES TO THE PROFESSION
A) 8.1 Duties in Bar Admission & Discipline: An applicant for admission to the bar or a L in connection w/ a bar
application or discipline shall not 1) make a false statement of material fact; 2) fail to disclose a fact N to correct a
known misapprehension; or 3) fail to respond to a lawful demand for info, except for confidential info under 1.6
B) 8.2 Duties to Judicial & Legal Officials: L shall not make known false or reckless statement concerning the
qualifications/integrity of a judge or related officer, or of a candidate for election/appointment to office.
C) 8.3 Duty to Report Professional Misconduct: A L who knows that another L or a judge has committed a
violation of the Rules that raises a subst. Q of his honesty, trustworthiness, or fitness as a L/Judge shall inform the
appropriate authority. This doesnt req disclosure of info protected by 1.6 or gained through a TLAP program.
D) 8.4 Misconduct: It is professional misconduct for a L to: 1) violate the RPC, assist another to do so, or do so
through the acts of another; 2) commit a crim act reflecting adversely on his honesty/trust/fitness as a L; 3) engage
in conduct involving dishonesty/fraud/deceit/misrep; 4) engage in conduct prejudicial to justice; 5) state/imply
ability to improperly influence a Gov. official or achieve results by means that violate law/Rules; or 6) knowingly
assist a judge/officer in conduct violating the law/Rules.
E) 8.5 Disciplinary Authority: Ls are subject to the disciplinary authority of Js in which they are admitted
regardless of where a violation occurs, and of the J where a violation occurs regardless if admitted.