The development of Ethics: 1.

The utilitarian view Do what is best and produces the most happiness for the majority. 2. The deontological view- It aims to do what is right, dutiful, and moral 3. The ABA rules are created based on morality of duty. The Disciplinary Rules are the minimum standards. But a the goal is moral aspirations. 4. Ethic of care some believe that it is impossible to be completely neutral and objective. Therefore, the goal is to make everyone better off given the context. I. Lawyers responsibility: a. Quality of Justice- improvement of the law and legal system b. An advisor - Functioning in a competent, prompt and diligent manner, harmonious with the legal system and the public c. Virtually all ethical questions arise from A-C responsibilities most remedies are prescribed in the rules of conduct but a lawyer should be guided by the principles underlying the rules if the issues are complex. d. The legal profession is largely self-governing, enjoy independence from government which prevents the abuse of power. The legal profession is crucial in the preservation of society, hence, moral aspirations are crucial. The Scope Rules of conduct are rules of reason Terminology: a. Belief, Confirmed in writing, firm, fraud, knowing, partner, screened (conflict of interest when taking on a case), substantial, tribunal, reasonable, reasonably should know prudence and competence in matters. b. Informed consent clients agreement to a course proposed course of action after the lawyer has adequately communicated alternatives and risks. Attorney Client Relationship: Competence and reasonably prepared. a. 1.1 Competence - Legal knowledge and skill, thoroughness and preparation, and maintaining competence b. 1.2 Scope of Representation representation does not suggest the endorsement of the clients political, moral views or activities. A lawyer does not council a client to engage in criminal or fraudulent act. A lawyer can limit the scope of the representation if clients informed consent and under reasonable circumstances. c. 1.3 Diligence prompt actions and communications d. 1.4 Communications reasonably consult until the clients objectives are met, keep client reasonably informed about the status, and advise on making informed decisions. Withholding information is justified under proper circumstances. e. 1.5 Fees may not collect unreasonable fees based on the time and labor, amount resolved and obtained, reputation of the firm, outcome of the

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matter. A lawyer shall n ot collect any fee in a domestic relations matter, contingent fee for representing a criminal. Retainer v. availability fee 1.6 Confidentiality Should only be breached under conditions to prevent reasonably certain death or harm, to comply with other law or court order. 1.7 Conflict of Interest, Concurrent Clients heavy work load, personal interest. It is possible if can do both sides competently and with written consent. Representation of both sides is prohibited in litigation. 1.8 Common Representation 1.8 a test is to determine whether it violates A-C confidentiality and the privilege. A lawyer can represent an organization and be a member if conflict does not arise. 1.8 Conflict of interest, Current Clients One cannot enter into a business transaction of acquisition without consent of reasonably fair interest to the client. One cannot sell media rights prior to the conclusion of the representation. One can help indigent client pay court and litigation fees but the scope of it is limited. 1.9 Duties to Former clients Clients interest remains even after the conclusion or changing firms. Unless consent is given, one can not represent another with adverse interest to the former client. A-C rules applies when changing firms. 1.10 Imputation of Conflicts of Interest If a lawyer is no longer with a firm, this firm is not prohibited to represent a client whos interest is adverse to a client of the former lawyer, as long as this person is no longer a client of the firm. Also, the matter being represented is not the same or related. 1.11 Conflict of Interest for government employees (attorneys) same rules apply. 1.12 Former Judge Representation is prohibited in the same matter without consent of former parties. If a lawyer is disqualified, the firm associated with it cannot represent the matter. An arbitrator is not prohibited to represent a partisan party in the matter. 1.13 Organization as a client One represents the organizations acting thru its duly authorized constituents. Duty is to the organization not to its constituents. Dual representation is permitted if conflicts do not arise. 1.14 Client with Diminished Capacity Normal relationship applies unless it is reasonably believed that seeking protective action is required. Confidentiality and privilege applies but only to the extent reasonably necessary to protect the clients interest. 1.15 Safekeeping Property Must be kept in a separate account and keep records up to 5 years after termination of representation. A lawyer can deposit own funds to the account only to pay for bank fees. 1.17 Declining or Terminating Representation if rules of conduct are violated, if not physical or mentally able, if conflict of interest arise, if fraud is being committed by using ones representation, if unreasonably financial burden is placed on the attorney. 1.18 Duties to Prospective Client Privilege and confidentiality applies.

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2.1 Counselor: When giving CANDID advice, a lawyer not only refer to the law but also considers moral, economic, social and political factors that may be relevant. a. 2.4 Serving as 3rd Party must explain the role if necessary. Advocate 3.1 no frivolous law suits a. 3.2 Expediting Litigation reasonably prompt b. 3.3 Candor toward the tribunal if know a client is engaged in a fraudulent act, a lawyer must take remedies or disclose it to the tribunal. No false evidence regardless of the clients wishes. c. 3.4 The client could in fact tell the lawyer to keep silent regarding false testimony and coerce the lawyer into being a party to fraud on the court. d. Shall not assist false testimony of a witness. What about a client? e. 3.5 Impartiality and decorum of the tribunal refers to the improper communications with people involved, jurors, judge, etc. f. Trial Publicity 3.6 Shall not make comments that could materially prejudice the proceeding matter. It is a fine line between free speech and a fair trial. g. 3.7 A lawyer as a witness if it is an uncontested issue and the disqualification does not cause financial burden to the client. h. 3.8 Prosecutor shall not prosecute a charge without probable cause. The accused must be properly informed and have the opportunity to obtain counsel. Prosecutor must not subpoena a lawyer unless no privilege is applied, the evidence is necessary for the case, and it is the last resort to obtain the information. 4.1 Transactions with persons other than clients: Shall not knowingly make false statement or fail to disclose material fact when necessary. a. 4.2 Communication with person represent by counsel is prohibited unless the other counsel gives consent or court order. b. 4.3 Rights of third person shall not use means with no purpose but to delay or cause burden to other person. 5.1 Law Firms and Associations: Partners and managers must make reasonable assurances and efforts to make sure that the lawyers at the firm adhere to the rules of conduct. A supervisor must remedy any violations. a. 5.5 Unauthorized practice of law when practicing out of jurisdiction b. 5.7 Restrictions on right to practice Shall not be prohibited by clients or a firm unless it has to do with retirement benefits. 6.1 Public Service a. Voluntary Pro Bono work A lawyer should aspire to 50 hours of pro bono services per year to charity or persons of limited means. It should be free or at reduced fee. This could be the participation of activities that improve the legal profession. b. 6.3 Membership in legal organizations is ok as long as no rules are violated, mainly conflict of interest. A lawyer can engage in law reform activities to benefit the interest of a client and does not need to disclose the identity of the client. 7.1 Information About Legal Services: Shall not make false communications

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or advertising. Lawyers are not allowed to pay others for channeling professional work but advertising expenses are allowed. Referral must be nonexclusive and the client is informed of the referral agreement. a. 7.2 A lawyer shall not solicit employment using real-time efforts, unless the other person is a lawyer or former client. Mail must have advertising mail on it. This rule of conduct is to prevent potential abuse or harassment. b. 7.3 A lawyer is permitted to communicate his or her specialty in law. Any special certifications require to organization that granted the certification be listed. c. 7.6 A lawyer or a firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or the firm makes political contribution for the purpose of getting the engagement or appointment. The merit of the profession is undermined if the above takes place. Maintaining The Integrity of The Profession: a. 8.1 Bar Admission and Disciplinary Matters One shall not make false statements nor not disclose information when required. This rule is subject to the Fifth Amendment and state constitutions. b. 8.3 Reporting Misconduct - A lawyer who knows of another lawyer or a judge who has committed a violation of the rules that raises a substantial question as to that lawyers honesty and fitness, shall inform the appropriate professional authority. This rule does not require breaking confidentiality. The offense must be substantial. Otherwise, it would be a free for all. The rule does not apply if you are representing the culprit. c. 8.4 Misconduct engaging in conduct that is prejudicial to the administration of justice, engaging in fraud or crime, or knowing assist in violating and rules of conduct. d. 8.5 Disciplinary Authority/Choice of Law It depends on the jurisdiction where the lawyer is practicing. Jurisdiction could overlap. If violation is in a tribunal, the rules of tribunal govern the actions.