MPRE

• 1. death benefit by agreement with deceased lawyer
• 2. purchase price for sale of deceased, disabled, disappeared lawyer's practice
• 3.retirement/compensation of firm employees
• 4. to pay non-profit organization that hired/recommended lawyer

voluntary

No.

1. private reprimand/censure

2. public reprimand/censure

3. suspension (finite)

4. disbarment

by the highest court in the state

note: moral turpitude (bad) v. good moral character (good)

1. graduation from an ABA accredited law school

2. oath be taken to uphold fed & state constitutions

1. U.S. citizenship

2. residency in a state

truth and full disclosure

duty to cooperate

good applicants-input is aspirational

bad applicants-duty to disclose/report when asked or correct something they believe may have arisen in the matter

may be required by attorney, but any unearned part must be refunded if attorney is fired or withdraws

1. waived by client

2. client seeks atty's service to engage in or assist in crime/fraud

3. communication is relevant to issue of breach of atty-client

1. entire practice or entire field of practice must be sold

2. seller must exercise competence in identifying competent purchasers

3. written notice to clients*

4. seller must cease to engage in private practice (@least in sold field)

5. purchaser must take all cases

must be reasonable and signed by client

***NOT used in criminal or domestic (ok in debt collections)

1. which court to file in

2. depos

3. discovery

4. continuances

1. whether to sue

2. settle (must inform of all offers unless client gives range with I/C)

3. testify ( D in criminal case)

4. plea

5. jury v. bench

6. appeal

***case expenses & 3rd party well being

1. unreasonable financial burden

2. duty to reject if: physical/mental inability, conflict of interest, frivolous claim or defense, strong feelings, or bias, incompetence

1. defenseless or oppressed (should take)

2. fair share of pro bono (should do)

3. appointments (must)

1. permissible (may be listed in ad)

2. cannot solicit legal business through dual profession

3. atty-client privilege doesn't apply to dual professsion

4. ancilliary services ok

lawyers who frequently consult, work jointly, and have access to each other's files

1. interviewing ppl

2. filing in forms

3. writing legal memos

1. appearance in judicial proceedings & depos

2. drafting documents that impact sunstantial legal rights

3. negotiating settlements

1. you were told to do it AND

2. if its arguable that you didn't realize it was wrong

1. knew of misconduct at a time when consequences can be avoided or mitigated & lawyer fails to take reasonable remedial action or;

2. if violation raises a substantial question as to lawyer's character & supervisor ordered or ratified conduct

• 1. employed by only client which has several offices
• ex. corp lawyer or govt lawyer

• 2. legal services authorized by federal or local law
• ex. patent (national license)

1. associate w/active local lawyer

2. special permission (pro hac vice-for this matter only)

3. mediation or arbitration out of home-state practice

4. anything reasonably related to lawyer's home state practice

1. must report what you know unless protected by atty-client

2. being available to testify against them

1. waived by client

2. required by law or court order

3. informed consent

4. implied authority to disclose to further the representation

• 5.client fraud or perjury
• a. past fraud/perjury can't be disclosed
• b. present fraud/perjury lawyer must seek to withdraw, denied or withdrawal will not solve, lawyer must tell judge

6. to get legal or ethical advice for lawyer

7. to prevent reasonably certain death or substantial bodily harm

8. to prevent substantial financial harm or fraud if the client is or has used the lawyer's services in the matter.

secret

no

BOTH

lawyer explaining risks & alternatives (informed consent)

client agrees in writing (can be electronic)

No, except advancing costs of litigation

what one lawyer cannot take, the firm cannot take unless the conflict is unique to the lawyer or involves the lawyer as witness

if it starts during representation lawyer is subject to discipline (consent & harm are irrelevant)

imputation does not apply, but screening is required

No

exceptions: contingency fee & security lien

No

exceptions: ordinary transactions, terms fair & in writing

each client must have full review which includes how the sum will be shared, the total amount to be paid or received, details on every other clients amount, how atty fees will be paid, and the existence/nature of all claims, defenses, and pleas involved

applies to what they tell you

Yes, with written informed consent from client & confidences must be kept

lawyers related as parent, child, sibling, or spouse cannot represent adverse parties unless full informed consent; but no rule of imputation

No

Cannot take "matters" where previously acted or had substantial responsibility absent written informed consent, but no rule of imputation-so long as lawyer is screened off from case

drafting law

compiling statistics

drafting a contract for the govt

judge-when they ruled on the merits of a case

conflicts rules relax, but where a conflict is actually known, it cannot be ignored

actual knowledge can inferred from the circumstances

where client hires lawyer after the quick advice (conflicts rules will apply)

professional responsibility + malpractice

***malpractice does not automatically mean a rule has been violated & vice versa

recovery- based in contracts, torts, or fiduciary relationship

requires $$$ loss & causation (but for)

purpose of civil malpractice-compensation

• disciplinary process' purpose is punishment
• & does not require money loss or causation

prudent lawyers carry malpractice insurance

lawyers cannot prospectively limit unless client has independent representation in making agreement

• 1. can't bury adverse decision
• 2. no explanation is required to be given to court
• 3. can distinguish away
• 4. can offer a good faith argument to change the law

no statements outside courtroom that lawyer reasonably should have known would have substantial likelihood of materially prejudicing case

generally: lawyer cannot be material witness

exceptions: uncontested matter or if about legal fees, substantial hardship on client

No, have go through their lawyer

but parties can communicate directly with each other

• 1. can't give legal advice
• 2. cannot appear disinterested when they are advocate/adversary
• 3.can negotiate transaction or settle clients dispute with un-represented person

No contingent fees for experts

reasonable expenses & lost wages, but cannot be conditioned on testimony

absolutely not (unless authorized by law or court order)

Lawyers must not communicate with jurors if:

1. court says no

2. juror says no contact

3. if communication involves coercion or harassment

1. must not prosecute w/o probably cause

2. assure accused is advised of right to counsel, know how to get counsel, & given chance to do so

3. must seek to remedy conviction of D in jurisdiction if they know of clear & convincing evidence of innocence

4. disclose new credible & material evidence that creates reasonable likelihood that D was wrongfully convicted

must disclose if they have clients that will benefit from decision, but must keep client identity confidential

you represent the company, not the individual officer or director

to report up the chain of command to CEO

if not appropriate response then must report to board & may report to SEC

• interest on lawyers trust accts
• (interest goes to non-profit bar assn for pro bono)

belongs to client (goes in trust acct) any unearned part must be returned if lawyer is fired or withdraws

belongs to atty (goes into lawyers acct)

may be accepted (if reasonable), but must NOT draft will or deed of gift unless related to donor

is ok with lawyers from outside firms if they work together, client gives written informed consent & knows share each lawyer gets, pay is portional to work

or different proportion if lawyers assume joint responsibility for matter


MUST BE REASONABLE FEE IN TOTAL

ok (with lawyers & non lawyers)

as long as they are not exclusive, referred client must be told about arrangement, I/C needed for conflict, referall agreement cannot interfere with lawyers professional judgment

agreement should not be indefinite duration

seeking fee paying work through in person, live telephone, or real time electronic w/a non-lawyer that is not family, close personal or previous relationship

targeted direct mail, group & prepaid legal services (as long as not solicited to those "in need of legal services"), education,close friends/family, present client, former client

patent & admiralty (special bar)

or

others if certified by org approved by state or ABA (must ID org)

when judge's conduct creates a reasonable perception that CJC has been violated or that otherwise reflects adversity on the judge's honesty, impartiality, temperament or fitness as a judge.

requires legal knowledge, skill, thoroughness, & preparation

1. expressly authorized by law (drug or mental health judges)

2. mediation or settlement (w/consent of parties)

3.emergency or de minimus

4. inadvertent receipt of unauthorized ex parte communication (must notify & allow opportunity to respond)

must be impartially based on merit & not nepotism or favoritism