Professional Responsibility

The Court of Appeals and the Appellate Division fo the Supreme Court.

• Integrated bar associations (all attorneys must join); and
• Voluntary bar associations.

Yes. Most federal courts require only that an attorney seeking admission be a member of the bar of the state inw hich the court sits and make formal application for admission to the federal bar.

Yes. This is known as "pro hac vice" appearance.

Yes.

That the attorney be a member of the bar of the state in which the agency sits. An agency may require that the attorney first pass a special exam.

State ethics laws and rules governing attorney conduct in each state in which she engages in her duties.

A voluntary national organization that promulgated the Modern Rules of Professional Conduct ("RPC").

The New York Model Rules of Professional Conduct, which are a modified version of the ABA rules.

Any prerequisite to admission must bear a rational relationship to the applicant's fitness or capacity.

• Graduation from an ABA-approved law school; or
• Successful completion of at least one year of law school and study of law in a law office located in New York under the supervision of a licensed New York attorney for a period of time that, together with the credit allowed for the law school attendance, aggregates to four years.

If the applicant has: (i) graduated from an ABA-approved law school, (ii) been admitted to practice law in another state and that state would admit a New York attorney without examination, and (iii) practiced law for at least five of the seven years preceding the application for admission.

No.

No. This violates the Privileges and Immunities Clause of the United States Constitution. The Supreme Court has also struck down state residency requirements for admission on motion and for federal court practice.

Yes. The refusal to furnish such information is grounds for rejection.

Ther right to a hearing before the bar committee and confrontation of adverse witnesses, as well as the right to judicial review of the denial of an application based on bad moral character.

Acts that involve intentional dishonesty or are repugnant to accepted moral standards (e.g., bribery, perjury, theft, murder, rape).

There must be a nexus between the requirements for admission and an applicant's fitness to practice law. Thus, a rejection may not be based on the personal beliefs of an applicant where those beliefs are not translated into an illegal advocacy to action.

• Knowingly make a false statement of material fact; or
• Fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from admissions or disciplinary authority.

• Violate or attempt to violate the RPC, knowingly assist or induce another to do so, or use the acts of another to commit a violation;
• Engage in illegal conduct that adversely reflects on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects;
• State or imply an ability to improperly influence a government agency or official;
• Engage in conduct involving dishonestly, fraud, deceit, or misrepresentation;
• Engage in conduct prejudicial to the administration of justice;
• Knowingly assist a judge or judicial officer in conduct that violates applicable rules of judicial conduct or other law; or
• Unlawfully discriminate in the practice of law, including int he hiring, promoting, or otherwise determining conditions of employment.

By a complaint to the Departmental Disciplinary Committee or to any of the departments of the Appellate Division.

Th next step is a nonpublic hearing before the disciplinary committee. A lawyer subject to a disciplinary hearing retains the basic rights to counsel and to cross-examination of witnesses at the hearing. He also has the right to invoke, without penalty, the Fifth Amendment protection against self-incrimination. The disciplinary committee may recommend disciplinary action or request that the Appellate Division initiate disciplinary proceedings.

Yes.

• Disbarment;
• Suspension; and
• Public or private censure by the courts or New York Bar Association.

No.

No, foreign state courts must make their own independent evaluation of an attorney's conduct when he has been disciplined in a sister state; but most states give some effect to the sister state's determination.

Yes.

The New York RPC, unless the court's rules provide otherwise.

Yes.

The RPC of the state in which the lawyer principally practices apply, unless the conduct clearly has its predominant effect in another state in which the lawyer is licensed, inw hich case the RPC of that state apply.

Yes.

No.

Yes, where the professional judgment of a lawyer is not involved.

Yes, provided the lawyer maintains a direct relationship with the client, supervises the delegated work, and has complete professional responsibility for the work product.

Yes.

Yes, but the lawyer must supervise the delegated work carefully and must be ultimately responsible for the results.

• Real estate broker/agent filling in blanks on standard sales contract;
• Lay tax adviser preparing tax return;
• Estate planner disseminating general information to the public on estate planning

• Real estate broker/agent drafting sales contract;
• Lay tax adviser counseling individuals on legal tax implications of their conduct;
• Estate planner drafting wills or preparing estate plans for specific individuals

Yes, with several caveats.

• Lawyers are routinely admitted "pro hac vice" to appear in individual proceedings on behalf of a client. However, a lawyer must be a member in good standing of at least one bar before he can be admitted "pro hac vice."
• Because the business of a single client may involve legal problems in several states, the RPC do not contain regulations specifically imposing territorial limits on a lawyer's rights to handle the affairs of a client.
• Multistate law partnerships are acceptable provided the individual lawyers practice in the jurisdiction(s) in which they are admitted and the firm letterhead so indicates.
• A state may not prevent a person licensed by a federal agent from carrying on activities related to his owrk before that agency.

No.

No, except where authorized to do so under the supervision of a licensed attorney.

No.

No.

Yes, e.g., financial planning, accounting, trust services.

If these services are provided under circumstances that are not distinct from legal services, the lawyer must adhere to the RPC with respect to the ancillary services as well.

Yes, unless she takes reasonable measures to ensure that the recipient of the services knows that the services are not legal services and that the protections of the lawyer-client relationship do not apply.

• Partners;
• Associations; and
• Attorneys of counsel.

To ensure that the client's interests are paramount to the firm's interests and that the client's problems are handled with competence and care.

A lawyer may nor practice under a trade name, a name that is misleading as to the identity of the lawyers practicing in the firm, or a name containing hte names of lawyers not practicing in the firm, unless such lawyers were formerly associated wtih the firm and no legal barriers exist to the use of their names.

Yes, but it must list the jurisdictional limitations of those lawyers not licensed to practice in a particular jurisdiction.

Not if any of the partnership activities consist of the practice of law.

Not unless the offices are physically separate.

• An agreement to provide for the payment of money, over a reasonable period if time after a lawyer's death, to the lawyer's estate, or to one or more specified persons;
• Payment of the purchase price of a law practice to the estate or representative of a deceased, disabled, or disappeared lawyer; and
• Payments pursuant to a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement.

No.

Yes, because of certain favorable tax treatment. However, the liability of the lawyer to the client may not be limited, and a nonlawyer may not have an interest in a legal corporation as a shareholder, officer, or director.

Legal aid and public defenses, military legal assistance oficers, and lawyer referral services. Group legal service plans are plasn designed to provide various legal services to members of a specific group. Such groups may consist of union members, members of an association, and participants in prepaid legal insurance programs. Legal service plans may advertise their ability to the public. Such advertisements must conform to the RPC.

Yes, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer.

No.

To make reasonable efforts to ensure that the firm has in effect measures giving reasonably assurance that all of the firm's lawyers conform tto the RPC.

• The lawyer orders or ratifies the specific conduct; or
• The lawyer is a partner or similar manager in the firm in whihc hte other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

A lawyer is bound by the RPC notwithstanding that hte lawyer acted at the direction of another person.

• An agreement concerning benefits upon retirement; or
• An agreement in which a restriction on the lawyer's right to practice is part of the settlement of a controversy between private parties.

• The seller ceases private practice (or practice in the area of practice that has been sold) in either the geographic area or the state in which the practice has been conducted;
• The entire sale is to one or more lawyers or firms;
• Fees charged to clients do not increase because of the sale; and
• The seller gives written notice to each client of the sale and the client's right to retain other counsel or to take possession of her file.

Communication with the public at large.

A lawyer's individual contact with a layperson designed to entice the layperson into hiring the lawyer.

Yes. Commercial speech can be totally prohibited only if false or misleading. Otherwise, commercial speech must be allowed, but may be limited by regulations that (i) serve a substantial governmnt interest; (ii) directly and materially advance that interest; and (iii) are narrowly tailored to serve the substantial interest.

Yes.

Any type about the lawyer or hte lawyer's servics that is false, deceptive, or misleading or that violates the RPC. This rule applies to all kinds of communications (e.g., advertisements, personal communications, office signs, recorded telephone messages, etc.).

• Those that use a nickname, moniker, motto, or trade name that implies the ability to retain results in a matter;
• Are irrelevant to the selection of counsel;
• Are made to resemble legal documents;
• Use, without disclosure, an actor to portray the lawyer, a member of the firm, or a client, or depictions of fictionalized events or scenes; or
• Portray a judge, a fictitious law firm, or that include a fictitous name to refer to lawyers not associated together in a law firm.

Those that (i) are reasonably likely to create an expectation about the results hte lawyer can achieve; (ii) compare the lawyer's services with the services of other lawyers; (iii) are client testimonials or endorsements (unless the matter is still pending); or (iv) describe or characterize the quality of the lawyer's services.

"Attorney Advertising" on the first page.

If the advertisement appears on a website or electronic mail, the words must appear on the homepage or on the subject line, respectively.

• Statements about the areas of law in which the lawyer practices must comply with the RPC;
• If a lawyer wishes to identify some regular clients in an advertisement, the lawyer must first obtain the clients' written consent;
• Every advertisement for legal services must include the name, office address, and telephone number of the lawyer or law firm whose services are being offered;
• A lawyer must not give anything of value to a person for recommending the lawyer's services;
• A lawyer may use a telephone number that contains a domain name, nickname, moniker, or motto provided it does not violate the RPC

• The domain name does not include the name of the lawyer or law firm;
• Each page of the web site clearly states the name of the lawyer or firm;
• The lawyer or firm does not attempt to practice law using the domain name;
• The domain name does not imply an ability to achieve particular results; and
• The domain name does not violate a disciplinary rule.

Only on the lawyer's own web site.

All advertisements must be preapproved by the lawyer and a copy must be kept for one year for computer-accessed communications and three years for all other advertisements. A copy of the published contents of any web site must be preserved and updated every 90 days, or sooner in the event of major web site design or extensive content change.

Generally, no, unless the prospective client is a close friend, relative, or former or current client, or unless the lawyer is not seeking a fee.

When a significant motive for the lawyer's solicitation is the lawyer's pecuniary gain.

No.

• The communication is false, deceptive, misleading, or violates the RPC;
• The recipient has made known to the lawyer a desire not to be solicited;
• The solicitation involves coercion, duress, or harassment;
• The lawyer knows or reasonably should know that the age or physical, emotiona, or mental state of the recipient makes it unlikely that hte recipient will be able to exercise reasonable judgment in retaining a lawyer;
• The lawyer intends or expects, but does not disclose, taht hte legal services necessary to competently handle the matter will be performed primarily by another lawyer who is not affiliated with the soliciting lawyer as a partner, associate, or counsel; or
• The written communication is sent by a method that requires the recipient to travel to a location other than that at which the recipient ordinarily receives business or personal mail, or that requires the recipient's signature.

Not during the first 30 days after the date of the incident.

It must be marked "SAMPLE" at the top of each page in red ink and marked "DO NOT SIGN" on the client's signature line.

A copy of any solicitation, excluding web sites or professional cards, sent to a New York resident (excluding close friends, relatives, or former or existing clients) must be filed with the local attorney disciplinary committee or in the judicial department where the solicitation is sent.

Yes, even though the plan uses personal contacts and live telpehone contacts to offer the plan to persons who are not known to need specific legal services.

Yes.

Yes.

A lawyer who is admitted before the United States Patent and Trademark Office.

Yes, but she must not state that she is a specialist in a particular area of law unless certain requirements are met.

If she has been certified by a private organization and: (i) the certifying organization has been approved for that purpose by the ABA; (ii) the certifying organization is identified; and (iii) the lawyer states that the certifying organization is not affiliated with any governmental authority, certification is not required for the practice of law by the state of New York, and certification does not necessarily indicate greater competence of certified lawyers than other lawyers experienced in the certified area of law.

OR

If she has been certified in a specialist in a particular area of law by another state if: (i) the certifying state is identified, and (ii) the lawyer states that certification granted by the state is not recognized by any governmental authority within the state of New York, certification is not a requirement for the practice of law in New York, and certification does not necessarily indicate greater competence of certified lawyers than other lawyers experienced in the certified field of law.

Yes. The RPC suggests 20 hours per year. A substantial majority of time should be devoted without fee to poor persons or organizations in matters designed to help poor persons. A lawyer may also participant in law reform activities, even if they might affect a client's interests.

Yes, but she need not identify the client.

The lawyer must, as far as reasonably possible, maintain a normal lawyer-client relationship.

Yes, if she reasonably believes that the client cannot adequately protect himself from substantial harm.

Where the health, safety, or financial interest of a person with seriously diminished capacity is threatened with imminent and irreparable harm.

The impaired person (or someone acting on his behalf) must have consulted the lawyer.

The lawyer should not act unless she reasonably believes the impaired person has no other representative.

The lawyer owes the same duties to the impaired person as she would with respect to a client.

Normally, a lawyer should not seek compensation for such emergency actions.

No, unless certain conditions are met and each affected client gives informed consent in writing.

• The lawyer reasonably believes that he can competently and diligently represent each affected client;
• The representation is not prohibited by law;
• The representation does not involve the assertation of a claim by one client against another client represented by the lawyer in the same case pending before a tribunal and
• Each affected client gives informed consent in writing.

Generally, no.

• The transaction and terms under which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner that can be reasonably understood by the client;
• The client is informed in writing of the desirability of seeking, and is given a reasonable opportunity to seek, the advice of independent counsel on the transaction; and
• The client gives written informed consent to the lawyer's role in teh transaction.

Yes, e.g., banking or brokerage services. The lawyer has no advantage in dealing with the client in such situations.

Only if the client gives informed consent, except as permitted or required by the RPC.

No, except where the client is related to the donee.

Not prior to the conclusion of representation of a client.

No, except that: (i) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and (ii) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.

No, unless (i) the client gives informed consent; (ii) there is no interference with the lawyer's independence or professional judgment or with the lawyer-client relationship; and (iii) information relating to representation of a client is protected.

No, unless each client gives informed consent in a signed writing. There must be disclosure of the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement or agreement.

No, unless the client is independently represented in making the agreement.

Not without first adivsing that person in writing that independent representation is desirable and giving that person a reasonable chance to consult with independent counsel.

No, except that the lawyer may: (i) acquire a lien granted by law to secure the lawyer's fee or expense; and (ii) contract with a client for a reasonable contingent fee in a civil case.

No.

NOTE: A conflict caused by a sexual relationship is not imputed to other lawyer's in the lawyer's firm.

No, unless the client gives informed, written consent.

No, unless the former client gives informed, written consent.

No, except as permitted or required by the RPC.

NOTE: A lawyer can use information relating to the representation if it has become generally known.

No.

No, if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter.

Ordinarily, no. In such a situation, the lawyer should refuse employment, or, if he has already been retained, withdraw from the case.

• There are three exceptions to the prohibition:
• a) If the lawyer's testimony will relate solely to an uncontested issue;
• b) If the lawyer's testimony will concern only the nature and value of legal services rendered to the client; and
• c) If the withdrawal of the lawyer for the purpose of testifying would result in substantial hardship to the client because of the distincitve value of the lawyer or firm to the case.

• The lawyer's testimony will relate solely to an uncontested issue;
• The lawyer's testimony will concern only the nature and value of legal services rendered to the client; and
• The withdrawal of the lawyer for the purpose of testifying would result in substantial hardship to the client because of the distincitve value of the lawyer or firm to the case.

The lawyer must act in the best interests of the organization and not any particular officer, employee, or other person associated with the organization. When a lawyer knows of a violation of law or legal obligation that is likely to result in substantial injury to the organization, the lawyer must report to the organization's highest authority. A failure to take appropriate action allows but does not require the lawyer to report the relevant information to appropriate persons outside the organization.

Yes, subject to the provisions of RPC 1.7 (relating to conflict of interest-disclosure and consent requirements).

Yes, to her client's chief legal officer ("CLO"). The CLO must investigate and conclude whether a violation occured. If the securities lawyer believes that the CLO did not achieve an appropriate response, the lawyer must report the evidence to (i) the client's entire board; (ii) the board's audit committee; or (iii) a committee of outside directors. SOX permits, but does not require, the securities lawyer to reveal to the SEC confidential information that is reasonably necessary (i) to stop the client from committing a violation that will cause substantial financial injury to the client or its investors; (ii) to rectify such an injury if the lawyer's services were used to further the violation; and (iii) to prevent the client from committing or suborning perjury in an SEC matter or lying in any matter within the jurisdiction of any federal government branch.

No.

The firm is prohibited from thereafter representing a person with interests that the firm knows or reasonably should know are materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm if the firm or any lawyer remaining in the firm has information protected by RPC 1.6 (relating to confidentiality) and RPC 1.9 (relating to duties to former clients) that is material to the matter.

Yes.

No, unless the appropriate government agency gives informed written consent.

• The disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
• Written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with the provisions of this rule.

No. A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom.

• Participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless the appropriate government agency gives informed written consent; or
• Negotiate for private employment with any person who is a party or an attorney for a party in a matter in which the lawyer is participating personally and substantially.

Yes, after so notifying the judge or arbitrator.

No, unless all parties to the proceeding give written informed consent.

However, an arbitrator selected as a partisan of a party in a multimember arbitration panel may subsequently represent that party.

He must make it clear that he does not represent any party as a client.

Yes.

In such a case, the lawyer is subject to the RPC relating to conflict of interest with current and former clients only if she has actual knowledge that the short-term representation involves a conflict. A conflict is imputed to the lawyer only if she has actual knowledge that another lawyer associated with her in a firm is disqualified by the rules relating to conflict of interest.

The scope of the representaiton, the basis or rate of the fee, and expenses for which the client will be responsible. The information must be communicated in writing, but it need not be given when the lawyer regularly represents the client on the same basis or rate.

A written retainer agreement or engagement letter, including (i) the scope of the legal services to be provided, (ii) an explanation of attorneys' fees, expenses, and billing practices; and (iii) notice of the client's right to arbitrate a fee dispute.

Time, labor, and skill required to perform the work; the customary fee within the locality for similar work; the amount involved and the result obtained; and the experience, ability, and reputation of the attorney, etc.

If it is in plain alnguage and sets forth the circumstances under which such fee may be incurred and how it will be calculated.

Yes, either by statute, court rules, or court decisions.

Probably.

A fee that is dependent on the successful resolution of a client's case and payable from the judgment proceeds.

Must be in writing, signed by the client, and state the method by which the fee is to be determined. Contingent fees are prohibited in domestic relations matters and in representation of defendants in criminal cases. A lawyer hired on contingency, upon discharge, will be entitled to the reasonable value of the services performed.

No, but in those situations the lawyer should give the client a chance to make an informed choice as to the fee arrangement.

Domestic relations matters and criminal cases.

No.

• The retainer agreement provides that a security interest may be sought;
• Notice of an application for a security interest has been given to the other spouse; and
• The court grants approval for the security interest.

Yes.

Yes. However, division of fees with an outside attorney is permissible under certain circumstances.

• The division is proportional to the services performed by each attorney; or
• Each attorney assumes joint responsibility for the representation; and
• The client agrees in writing to the arrangement; and
• In either case, the total fee must not be excessive.

• A full understanding of the facts that made the agreement voidable, and
• Knowledge of her rights as a client.

Yes, with many exceptions, including all claims involving substantial legal questions (including professional malpractice or misconduct).

• Representation in criminal matters;
• Amounts in disputes involving a sum of less than $1,000 or more than $50,000;
• Claims involving substantial legal questions, including professional malpractice or misconduct;
• Claims against an attorney for damages or affirmative relief other than adjustment of the fee;
• Disputes where the fee to be paid by the client has been determined pursuant to statute or rule and allowed as of right by a court, or where the fee has been determined pursuant to a court order;
• Disputes where no attorney's services have been rendered for more than two years;
• Disputes where the attorney is admitted to practice in another jurisdiciton and maintains no office in New York, or where no material portion of the services was rendered in New York; and
• Disputes where the request for arbitration is made by a person who is not the client of the attorney or the legal representative of the client.

Comeptent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. In addition, the lawyer must act with reasonable diligence and promptness in representing a client, and must keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.

Yes. However, the assistance cannot exceed whatever is reasonably necessary to meet the emergency.

An evidentiary privilege that allows a client to refuse to testify and prevent his attorney from testifying in court about communications between the two.

Confidential communications made by an individual to an attorney who is sought out for the purpose of obtaining legal advice.

Confidential communications between the attorney and a high-ranking corporate official, as well as communications between the attorney and other corporate employees concerning a subject within the scope of the employee's duties if the employee (i) communicates with the attorney at the direction of the employee's superior, and (ii) knows that the communication is to help the corporation get legal advice.

No, only communications between the parties.

Yes.

Yes.

No. An item does not become privileged merely because it was given to an attorney. If the item would be discoverable in the client's hands, it is equally discoverable in the attorney's hands.

Indefinitely, even if the attorney-client relationship has terminated. The privilege even survives the death of the client.

Generally, a lawyer must not reveal information relating to the representation of a client.

The confidentiality requirement applies even if the information is acquired before or after the relationship existed. It does not require the client to indicate information that is to be confidential or permit the lawyer to speculate whether particular information might be embarassing or detrimental. The duty even continues to apply after the lawyer-client relationship has terminated.

• If the client gives informed consent;
• If disclosure is impliedly authorized to carry out the representation;
• Disclosure is necessary to prevent reasonably certain deaht or substantial bodily harm;
• Discosure is necessary to prevent a client from committing a crime or fraud;
• Disclosure is required by court order, ethics rule, or statute;
• Disclosure is necessary to estalbish a claim or defense on behalf of the lawyer in a controversy between the lawyer and client;
• Disclosure is necessary to estalbish a defense to a noncriminal charge or civil claim against the lawyer based on conduct in which the client was involved;
• Disclosure is necessary to respond to allegations in any proceeding concerning the lawyer's representation of the client; or
• Disclosure is necessary to obtain confidential legal advice about the lawyer's personal duty to comply with ethics rules.

The attorney-client privilege applies only to communications made during the course of the relationship and covers only the attorney's formal testimony. The duty of confidentiality protects form any disclosure all information related to the representaiton, however and whenever derived.

The duty of confidentiality is much broader!

• The lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer's relationship with the client; and
• The client gives informed consent if the lawyer knows or reasonably should know that the evaluation is likely to materially harm, the client's interests.

A lawyer must hold property of clients or third persons separate from the lawyer's own property; must keep records of client funds; and must keep the client informed and deliver funds to the client. Client funds must be maintained in a banking institution that provides a dishonored check report when a check presented against the account is dishonored due to insufficient funds.

Funds that are nominal in amount or held for a short period of time may be placed in an unsegregated interest-bearing account, with the interest being paid to legislatively approved organizations that provide legal assistance to hte poor. In determining whether client funds should be deposited in an IOLA account, the lawyer should consider: (i) the amount of interest the funds are likely to earn, (ii) the cost of establishing and administering the acocunt, and (iii) the capability of the financial institution to calculate and pay interest to the individual clients.

A lawyer must exercise independent professional judgment and render candid advice.

Yes. The lawyer must also consult with the client as to the means of pursuing those objections. In a criminal case, it is the client's decision, after consultation with the lawyer, as to what plea to enter, whether to waive a jury trial, and whether the client will testify.

• Acceptance or rejection of settlement offers;
• Plea to be entered in a criminal case;
• Waiver of jury trial in a crimianl case;
• Whether to testify in a criminal case

No.

No, a lawyer must act within bounds of law.

The lawyer who believes his client is involved in lawful conduct must withdraw when he discovers that his advice is being used by the client to commit a crime or fraud.

Withdraw.

Yes. But the lawyer must not recommend illegal conduct or instruct the client on how to break the law and get away with it.

No.

No, unless the person's counsel has granted permission or he is otherwise authorized by law to make such direct communication.

However, this rule does not prohibit communications with a represented person, or an employee or agent of such person, concerning matters outside the representation.

• A person who supervises, directs, or regularly consults with the organization's lawyer concerning the matter;
• A person with authority to obligate the organization with respect to the matter; or
• A person whose act or omission in connection with the matter may be imputed to the organization for purposes of civil or criminal liability.

Yes. However, when dealing with the unrepresented person, the lawyer must not state or imply that she is disinterested and must make reasonable efforts to correct a misunderstanding as to her role in the matter.

If the lawyer knows or reasonably should know of a reasonable possibility of conflict between the interests of the lawyer's client and the unrepresented person, the lawyer may only advise the unrepresented person to obtain counsel.

Of course not.

Promptly notify the sender.

No.

No.

Yes.

• Make a false statement of fact or law to a tribunal;
• Fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
• Fail to disclose to the tribunal controlling legal authority known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
• Offer false evidence that the lawyer knows to be false.

No. The opposing side has many fact-finding tools at its disposal (e.g., disovery proceedings).

No.

No, he may allow the witness to testify to the truthful part only.

Yes.

If the client insists that the evidence be offered, the lawyer must refuse, and may seek permission to withdraw.

If the relationship is so strained that hte lawyer can no longer render competent representation.

No. She may refuse to offer it (except for the testimony of a defendant in a criminal case).

She must take reasonable remedial measures, such as seeking the witness's cooperaiton in correcting the false evidence. If this fails, the lawyer must take further remedial action. As a last resort, the lawyer must disclose enough information for the tribunal to set the matter straight, even if this means disclosing confidential information.

Yes. However, if the lawyer knows that the testimony will be false, he must take reasonable remedial measures.

A lawyer must inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse to his client.

• Suppress any evidence that the lawyer of the client has a legal obligation to reveal or produce;
• Advise or cause a person to hide or leave the jurisdiction for the purpose of making the person unavailable as a witness;
• Conceal or knowingly fail to disclose that which the lawyer is required by law to reveal;
• Knowingly use perjured testimony or false evidence;
• Participate in the creation of preservation of evidence when the lawyer knows or it is obvious that the evidence is false; or
• Knowingly engage in other illegal conduct or conduct contrary to the RPC.

• Seek to influence a judge, juror, prospecitve juror, or any other official by means prohibited by law;
• Communicate ex parte with such a person during the proceeding except as permitted by law;
• Engage in conduct intended to disrupt a tribunal; or
• Communicate wiht a juror or prospective juror after discharge fo the jury if prohibited from doing so by law or court order, the judge has made known a desire not to communicate, or hte communication involves misrepresentation, coercion, duress, or harassment.

Yes, but he must disclose that the appearance is in a representative capacity, except when the lawyer seeks information from an agency that is available to the public.

No.

Yes.

If the lawyer knows or reasonably should know that such person wishes to: (i) bring a legal action, raise a defense, or assert a position in a matter, or otherwsie have steps taken for such person, merely for the purpose of harassing or maliciously injuring another; or (ii) present a claim or defense in a matter that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of existing law.

• The claim, offense, or defense involved;
• Information contained in the public record;
• That an investigation is in progress;
• The scheduling or result of any step in litigation;
• A requst for assistance in obtaining evidence;
• A warning of danger concerning the behavior of a person if there is a likelihood of substantial harm to an individual or the public interest.

• The identity of witnesses or the expected testimony of a party or witness;
• Statements relating to character, credibility, reputation, or criminal record of a party, suspect, or witness;
• The identity or nature of physical evidence expected to be presented;
• The performance or results of any examination or test, or the refusal of a person to submit to examination or testing;
• Information the lawyer knows is likely inadmissible at trial and creates a substantial risk of prejudice.

• The identity, age, residence, occupation, and family status of the accused;
• The fact, time, and place of an accused's arrest; pursuit and use of weapons; and description of physical evidence seized;
• The identity of the investigating and arresting officers or agencies;
• Information necessary to aid in apprehension.

• The fact that a defendant is charged with a crime unless accompanied by a presumption that he is presumed innocent;
• Any opinion as to the guilt or innocence of a defendant or suspect in a criminal case.

After obtaining permission if required by the tribunal's rules, withdrawal is mandatory (or representation should be declined) if: (i) the representation will result in violation of the RPC or other law; (ii) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; (iii) the lawyer is discharged; or (iv) the lawyer knows or reasonably should know that the client is bringing the legal action, raising the defense, or asserting a position in the matter, or is otherwise having steps taken, merely for the purpose of harassing or maliciously injuring another.

Withdrawal can be accomplished without material adverse effect on the interests of the client, or: (i) The client persists in a course of action involving the lawyer's services that hte lawyer reasonably believes is criminal or fraudulent; (ii) The client has used the lawyer's services to perpetrate a crime of fraud; (iii) A client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement; (iv) The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (v) The representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (vi) Other good cause for withdrawal exists.

When ordered to do so by a tribunal.

Take steps to the extent reasonably practicable to protect a client's interests.

Yes, and can be disciplined for conduct violating such standards.

Act in a manner that promotes public confidence in the integrity and efficiency of the legal system and profession.

No.

Yes.

• The public prosecutor or government lawyer must avoid bringing charges when he knows, or it is obvious that, the charges as not supported by probable cause; and
• He must make timely disclosure to the defense of all evidence known to be of an exculpatory nature, or evidence taht would mitigate the degree of the offense or reduce the punishment (Brady rule).

Inform the appropriate professional authority.

NOTE: This rule does not require disclosure of confidential information or information gained while participating in an approved lawyers' assistance program dealing with substance abuse problems.

Inform the appropriate professional authority.

NOTE: This rule does not require disclosure of confidential information or information gained while participating in an approved lawyers' assistance program dealing with substance abuse problems.