Professional Responsibility

• 1. State Regulation: Legislation can be passed, but the authority to regulate practice is in the highest court of the state.
• 2. Federal Regulation: If in a fed court, each district has its own rules.
• 3. Federal Gov Attorneys: Subject to state law where they practice.
• 4. ABA: promulagates model rules that have been adopted by most states

• 1. Education
• 2. Pass Bar
• 3. Character and fitness
• 4. Residency cannot be a requirement

• 1. Fed Court: Has no effect
• 2. Other states must have their own hearing, but consider sister state

• 1. Associate with local counsel
• 2. Special court permission pro hac vice
• 3. Mediation or Arbitration
• 4. Reasonably related to home practice

• Responsible for acts of subordinate if:
• 1. Knew of Misconduct: and Consequences could have been avoided or mitigated and manager fails to take action; or
• 2. Supervisor ordered or ratified bad conduct

Subordinate not liable if: You were told to do it and you did not know it was wrong

• 1. Informing, counseling, advising, advocating
• 2. Draft documents that impact substantial legal consequences of client

• Do not need license
• 1. Filing in forms
• 2. Interviewing people

Cant have non-compete, except: A retirement condition when a person sells you his paractice, or to settle a claim

• 1. Physical or mental inability
• 2. Conflict of interest
• 3. Frivilous Claim or defense
• 4. Strong feelings or bias
• 5. Incompetence/Lacking legal standing

• 1. To sue
• 2. Settle - inform all offers, unless she gave a specific range
• 3. Testify
• 4. Plea
• 5. Jury or Bench
• 6. Appeal

• 1. Which court to file in
• 2. Depositions - take or not to take
• 3. Discovery - whether and what
• 4. Continuances - whether to request or grant

If client has diminished capacity, cant make decisions for her, get a guardian appointed

• 1. Need courts permission when litigating - often depends on stage of litigation
• 2. Client can fire attorney

• 1. Client fraud
• 2. insists on breaking law
• 3. begun illegal course of action

• 1. Any reason where there is no material harm to client
• 2. Client consents
• 3. Client used attorney services to commit past crime
• 4. Clients objective is repugnant, imprudent
• 5. Doesnt pay attorney
• 6. Unreasonable financial hardship
• 7. Client will not cooperate

• 1. Disuade Client
• 2. Request permission to withdraw
• 3. Do as judge instructs
• 4. Give client notice to get a new lawyer

Inform client your fees, scope, expenses before or right after start representation your. Unless you regularily represent the client

• 1. Time and labor
• 2. Difficulty and novelty
• 3. Experience, reputation, abilities
• 4. Relationships, nature and length
• 5. Exclusions (attorney turns away other work)
• 6. Fixed or contingent
• 7. Customarily charged

• 1. Cant use in criminal (no incentive fee)
• 2. Cant use in domestic relations case. Past due support ok because now its a past due debt
• 3. Contingency fee must be in writing, b4 take case, and notify client of any expenses

• Attorney can sell whole practice.  Give clients notice of sale, right to new counsel and files. If client does not object in 90-days then deemed to accept.
• If you cant serve person, get court authorization

• 1. Confidentiality covers all communications with client. 
• 2. Client holds the privledge
• 3. 3rd Party does not destroy if helped further att/client relationship
• 4. Death does not destroy

• Materials prepared by atty for or in anticipation of litigation is immune from discovery unless other side shows:
• 1. A substantial Need
• 2. Inability to get w/o undue hardship

• 1. Waived by client
• 2. Seeks attorney to engage or further future crime, fraud
• 3. Suit between attorney/client - can disclose relevant info

• 1. Client Waived
• 2. Required by law
• 3. Informed consent
• 4. Implied authority to disclose to further representation

• 1. Client commited past: crime or fraud - Cannot be disclosed
• 2. Client is commiting present fraud: Atty must seek to withdraw, if cannot or withdrawl does not resolve the problem, then atty must disclose fraud to judge

If reasonably certain death or great bodily harm can disclose enough to prevent the crime

Can reveal if client used atty to commit financial hardship or fraud.  Also can disclose confidential info to mitigate the harm already done.

• Sometimes can be curred if:
• 1. Atty fully explains risk
• 2. Client agrees in writing

• 1. No loans:  to client in connection with pending litigation. Can front costs
• 2. Rule of imputation: If one atty cannot take, whole firm cannot take unless sexual relations
• 3. Sexual relationships: Cant have relations with client that are not pre-existing. Consent and harm are irrelevant

Cant, except: Contingency fees and security lien

• 1. Cannot represent client in one matter and sue him in another if you have confidential info
• 2. Cannot represent client whos interests are directly adverse to another client

Must have reasonable belief of no adverse effect and get written, informed consent

• Cannot settle without informed consent, in writing after full review of entire settlement, includes:
• 1. Clients have agreed about how sum will be shared
• 2. Disclosure of total amount paid, atty fees, details what everyone gets, existance of all claims and defenses.
• 3. May require atty to reveal confidential info, should get clients consent

• An expectation and protection of relationship will exist if:
• 1. Client manifests that there is representation and atty agrees
• 2. Client thinks there is representation and atty fails to make it clear there is no rep, and reasonable reliance on representation

Can be paid by 3rd party, but requires: written informed consent that confidences will not be disclosed

Parent, child, sibling, spouse shall not represent adverse parties w/o full informed consent.

• 1. Reasonably consult w/ client about means which objectives accomplished
• 2. Keep client reasonably informed of status
• 3. Promptly comply w/ reasonable requests for info
• 4. Explain matters to extent client can make informed decisions
• 5. Communicate all settlement offers

• 1. Cant bury adverse decisions
• 2. No explanation required to give court
• 3. Can distinguish away
• 4. Can argue good faith argument to change law

• 1. Atty connected to case cannot make statements outside crtrm that atty should know would have a substantial likelihood of material prejudice
• 2. Atty can speak what is reasonably necessary to offset bad publicity not from atty or client
• 3. May state dry facts about the case

• 1. Must speak to their atty
• 2. Clients can speak w/ eachother can even encourage them to

• 1. Cant give legal advice
• 2. Cannot appear disinterested
• 3. Can negotiate a settlement

• 1. No contigent fees for experts
• 2. Can pay reasonable expenses and lost wages
• 3. No need to ask permission to speak to other side's witness
• 4. If opponant is a Corp., cant talk to their managers w/o inhouse counsel permission

• 1. You represent corp., not individual officers
• 2. Atty can be a board member, but no atty/client priv in board meeting
• 3. If atty learns of a violation, must report to president, maybe board, other appropriate people to help protect the corp

• 1. Must keep client money in trust account, unless client consents to it being elsewhere
• 2. For small funds can pool money in a single trust account

If Client disputes fees after a settlement.  Disburse to yourself and client those fees agreed on, keep the rest in trust account till resolved

Can accept reasonable gifts.  But if a gift in a Will, have another atty draft the Will, unless your related to doner

• 1. Must have an atty name, address phone on all advertising
• 2. Cannot give false or misleading info
• 3. Cannot create unjustified expectations
• 4. Cannot imply results by improper means

Can only put in the name partners that are still with firm. Dead people can keep their name.  If only temporary leave, can keep name

• Ok to spllit fees w/ attys outside firm:
• 1. Work together
• 2. W. clients, written informed consent
• 3. Paid proportionatly or however but both assume responsibility
• 4. One reasonable fee

• Cannot solicit in person.
• Solicitation is seeking fee paying work through in person, telephone, real time electronics with prospect who is not family, close personal, or previous client

Pre-paid legal is ok so long as you do not know the person is in need of representation

• 1. Common Law specialization are patent and admialty
• 2. Supreme Court "Peel" case: not ok to say you specialize unless you are certified by organization in UT or ABA

• 1. Proceed only on probable cause
• 2. Protect D's right to counsel
• 3. No seeking advantage from unrepresented
• 4. Must disclose to defense

2007 Judicial code applies to magistrates, court commissioners, referees, special master, judges

Generally judges cannot engage in outside activities same as active judges: Retired judges, subject to recall can conduct mediations and arbitrations

Judges conduct cannot even give the appearance that activity reflects on the judges honesty, impartiality, temperment or fitness to be a judge

• 1. Cannot use letterhead for personal biz
• 2. Can write a letter of recomendation on letterhead, but cannot give appearence of using pressure

• 1. No external Influence
• 2. Compitence requires knowledge, skill, thuroughness, preparation
• 3. Devote adequate time, dispose of court biz, be punctual
• 4. Can encourage, but not coerce settlement
• 5. Must avoid bias, prejudice, including race, sexual orientation, political influence

• 1. Authorized by law (drug, mental health)
• 2. Mediation or settlement
• 3. Emergency - de minimis
• 4. Inadvertant receipt of info

• 1. Not impartial
• 2. Knowledge of Facts
• 3. Prior involvement in case, as attorney, witness, gov employee, judge prior case
• 4. Economic interest
• 5. Partner or relative is party, witness
• 6. Party contributed more to his campaign

• 1. Can't appear to undermine impartiality
• 2. Can't testify character W, except subpeo
• 3. Can't be member of group that discriminates or use facilities
• 4. Cant be executor, trustee of estate, except family
• 5. Cant be officer, director, employee of a business
• 6. Cant except gifts where they appear to undermine impartiality

• 1. Can receive compensation for speaking, writing
• 2. Can Be a director, officer, non-legal advisor of charity
• 3. Can take part in non-profit charities - can solicit contributions from familiy, friends
• 4. Can go to legal related events, offered to him for free, but must REPORT.

• 1. Can speak at gatherings
• 2. Cannot speak on behalf of political branches
• 3. Cant use court staff, resources campaign
• 4. Family cant do what judge cannot do
• 5. Can respond to false, misleading statements by opposing party
• 6. Can establish campaign fund - but cannot personally solicit
• 7. If run for non-judicial office - must resign