LEGAL PROFESSION

OUTLINE

MODEL SUB
SCENARIO RULE SECTION
1
DUTY OF COMPETENCE 1.1
DUTY NOT TO ASSIST CLIENT IN
FRAUD/CRIME 1.2 (d)

DUTY OF DUE DILIGENCE 1.3

DUTY OF COMMUNICATION 1.4
DUTY TO KEEP CLIENT
INFORMATION CONFIDENTIAL 1.6 (a)

(b)

CONFLICTS OF INTEREST 1.7 (a)

(b)
DUTY TO REPORT MISCONDUCT
OF OTHERS 8.3
DUTY TO REPORT MISCONDUCT
BY COLLEAGUES AND SUPERIORS 5.1 (a)

(b)

(c)
 EXPLANATION

Must have reasonably necessary legal knowledge, skill, thoroughness and preparation.
Lawyer cannot help client in conduct known to be criminal or fraudulent. Lawyer may discuss the
legal consequences of such actions.
Duty ot do the work that you have been hired to do without reasonable delay. Take whatever lawful
and ethical measures required to help client, control workload so you can be competent, continue
representation through to conclusion, avoid procrastination.
Inform client of any circumstance or decision
Lawyer shall not reveal information relating to representation of a client UNLESS: client gives
consent, disclosure is impliedly authorized, or disclosure permitted by 1.6(b)
Lawyer can reveal to the extent he reasonably believes necessary: (1) prevent reasonably certain
death or substantial bodily harm, (2) prevent client from commiting crime or fraud, (3) prevent,
mitigate, or rectify substantial injury to financial interests or property, (4) to secure legal advice about
lawyer's compliance with the rules, (5) to establish claim or defense for lawyer in controversy between
lawyer and client, (6) to comply with other law or court order
Concurrent conflicts of interest are: (1) one client is directly adverse to another, (2) there is significant
risk that the representation will be materially limited by the lawyer's responsibilities to a client, former
client, third person, or lawyer's personal interest
A lawyer may still represent if: (1) lawyer reasonably believes that he will be able to provide
competent and diligent representation to each client, (2) representation not prohibited by law, (3)
representation does not include clients suing each other in the same litigation/proceeding, (4) each
client gives informed consent in writing
Lawyer who "knows" of a violation by any other lawyer (adversary, public official, or lawyer in own
firm) must report it to the bar disciplinary agency.
EXCEPTIONS: (1) Report only those raising a "substantial question" of lawyer's "honesty,
trustworthiness or fitness", (2) Report not required if it would reveal information required to be
confidential under MR 1.6. Lawyer should encourage client to waive confidentiality and permit
reporting if it won't substantially prejudice the client. (3) Lawyer assisting a lawyer who is in a
treatment porgram is not required to report
Lawyer managers must set up systems to prevent ethical problems. These include: procedures to
check for conflicts and manage client funds. They must provide continuing ethics education. In small
firms, "informal supervision and periodic review" is good enough. Large firms must take "more
elaborate measures."
If a subordinate lawyer commits an ethical violation, the supervising lawyer is not responsible if the
supervisor did not direct or know about it. However, this could reveal a breach of supervisor's duty
under MR 5.1(b) to make reasonable efforts to prevent violations.
Lawyer shal be responsible for another lawyer's conduct if: (1) lawyer orders or ratifies conduct
involved (can't avoid responsibility by making someone else do it, (2) lawyer is a partner or direct
supervisory authority and knows of the conduct at a time when its consequences can be
avoided/mitigated but fails to take remedial action.