MR 1.6: model rule for confidential information states
(a) a lawyer shall not reveal information relating to the representation of a client….
(b) A lawyer may reveal information…to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm
Disciplinary Authority; Choice of Law
Model Rule 8.5
conflict of interest
Model rule 1.7
a lawyer shall not represent a client if the representation
involves a concurrent conflict of interest.
1.7a
What does rule 8.5 Disciplinary Authority; choice of law tell us?
Basically tells us that
Rule 8.5(b)(1) states that "Wherever the ____ sits, is the state whose ethics will be used
tribunal
lawyers professional misconduct
Rule 8.4
Relates to win a state bar has authority to jurisdiction to a lawyer
8.5a
relates to which rules a state bar must apply in exercising its jurisdiction
8.5a
relates to which rules a state bar must apply in exercising its jurisdiction
8.5b
information is no longer deemed confidential when it is shared to a 3rd party
True
Covers what happens when a lawyer does not report another lawyer or jugdge for violating the professional misconduct
Rule 8.3
Reporting Professional misconduct
Rule 8.3
What does rule 8.4 (misconduct) state?
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
What happens if you do not report the misconduct of another lawyer or judge ?
Failure to report misconduct of another lawyer may result in suspension
Two side of the HImmel case
1. Himmel was trying to do whatever was best for his client
2. Under the lawyers professional regulations, a lawyer is obligated to report another lawyers misconduct
What does rule 8.3(c) allow ?
- the new rule broadens confidentially
- information is deemed confidential under attorney-client privilege does not have to be reported to the bar