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Professional Regulation

  1. model rule for confidential information
    MR 1.6
  2. 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
  3. Disciplinary Authority; Choice of Law
    Model Rule 8.5
  4. conflict of interest
    Model rule 1.7
  5. a lawyer shall not represent a client if the representation
    involves a concurrent conflict of interest.
    1.7a
  6. What does rule 8.5 Disciplinary Authority; choice of law tell us?
    Basically tells us that
  7. Rule 8.5(b)(1) states that "Wherever the ____ sits, is the state whose ethics will be used
    tribunal
  8. lawyers professional misconduct
    Rule 8.4
  9. Relates to win a state bar has authority to jurisdiction to a lawyer
    8.5a
  10. relates to which rules a state bar must apply in exercising its jurisdiction
    8.5a
  11. relates to which rules a state bar must apply in exercising its jurisdiction
    8.5b
  12. information is no longer deemed confidential when it is shared to a 3rd party
    True
  13. Covers what happens when a lawyer does not report another lawyer or jugdge for violating the professional misconduct
    Rule 8.3
  14. Reporting Professional misconduct
    Rule 8.3
  15. 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;
  16. 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
  17. 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
  18. 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
Author
dwrght16
ID
355245
Card Set
Professional Regulation
Description
Professional Regulation
Updated

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