Professional Documents
Culture Documents
MR 1.14 (INSANE
CLIENT)
When attorney
reasonably believes
that the client has
diminished capacity
and is at substantial
risk of harm and
cannot adequately
act in client's
interest, lawyer may
disclose to
individuals who can
protect client or seek
appointment of
guardian ad litem,
conservator or
guardian.
Pursuant to MR
1.6(a) this is implied
consent but the
information revealed
may only be done to
the extent necessary
to protect the client's
interests.
MR 4.1(b)
Must disclose
material facts when
disclosure is
necessary to avoid
assisting a criminal
or fraudulent act by
a client.
o Unless
disclosure is
prohibited by
MR 1.6
This is a SHALL
NOT KNOWINGLY
rule.
CONFLICT IS NOW
2. The representation is not prohibited by law;
Competence
Communication
MR 1.1
MR 1.4
A newly admitted lawyer
Promptly inform the
can be as competent as a
client of any
lawyer who is practicing for
circumstance where
many years.
informed consent is
needed.
You should study and
Reasonably informed
prepare yourself fully for
whatever you agree to do.
about the status of the
matter
A lawyer may accept
Promptly comply with
representation where the
requisite level of
requests for info.
competence can be
achieved by reasonable
Tell the client about any
preparation.
limitation imposed by the
law or the MR
Required proficiency is that
of a general practitioner.
SHALL explain the matter
to the extent reasonably
Expertise in a particular
necessary to permit the
field of law may be required
client to make informed
in some circumstances.
decisions regarding their
representation.
Comment 1: pursue clients
matter despite opposition, MR 1.14
obstruction or personal
The information provided
inconvenience and take
is that for a
whatever lawful and ethical
comprehending and
measures are required to
responsible adult. This
vindicate clients cause
may be impracticable
o So you dont have to
when the person is a
take the case but once
child or suffers from
you do you must do
diminished capacity.
everything within
bounds of law and rules
Comment 2: that the
to pursue
lawyer should make
every effort to
Diligence
MR 1.3
SHALL act with
reasonable diligence
and promptness
Workload must be
handled competently
Unless terminated by
1.16 lawyer should
conclude all matters
for the client.
Scope/Authority
MR 1.2
Shall a lawyer shall abide by a client's
decisions concerning the objectives of
representation and consult with client
as to the means by which they are to
be pursued.
o A lawyer may take such action on
behalf of the client as is
impliedly authorized to carry
out the representation.
o
Comment 5: To
prevent neglect upon
the possible lawyer's
death there should be
a plan to have
another competent
lawyer take over
Lawyer in law firm or who is over others has to make sure that
(reasonably) that the others conform to the MR