4753-mpre.csv

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"Yes. The general rule is that a lawyer shall not act as an advocate in a proceeding where the lawyer is likely to be a witness

"(1) If the testimony relates to an uncontested issue

if any

"The entity is the client

"Yes. When a lawyer receives attorneys fees from someone other than the client

employees

"Yes

"No

"The lawyer must act as reasonably necessary to protect the corporation. The lawyer can (1) ask the corporation to reconsider the matter

When the current representation is substantially related to the former representation and the lawyer would be materially adverse to the former client in the current representation OR if the lawyer is adverse to the former client and the attorney received

A lawyer has a duty to provide competent representation to a client. This means that the lawyer must act with reasonable diligence and promptness in representing a client.

"The general rule is that a lawyer would be subject to discipline for limiting his malpractice liability

The lawyer can only settle a malpractice claim if the client is advised IN WRITING to seek the advice of another lawyer.

"Yes. A lawyer has a duty to follow the clients instructions. The general rule is that the client controls the ENDS

"The client decides (1) Whether or not to sue in civil cases

"Yes. The lawyer must keep the client reasonably informed as to the status of the case

"Yes. The lawyer may limit the representation only to the appeal

An attorney who represents a client with a disability must (as much as possible) maintain a normal attorney-client relationship. An attorney may seek the appointment of a guardian if the lawyer reasonably believes the client cannot represent their own in

ANY information that an attorney learns relating to representation of the client or a prospective client.

It cannot be revealed or used to the client's detriment.

Yes.

"The lawyer may reveal client confidences if (1) The client consents

When the disclosure of such information is required under court order.

the weapon)?"

"The lawyer MUST (in this order) (1) Encourage the client to rectify the fraud

"The lawyer must (1) encourage the client NOT to commit perjury

"The lawyer has a duty to prevent abuse to the system

"Yes. A lawyer cannot make frivolous arguments

"A lawyer shall not (1) seek to influence a judge or jury in a manner prohibited by law

"An attorney shall not (1) make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made by the lawyer to the tribunal

"An attorney shall (1) disclose adverse legal authority that is on point and from the controlling jurisdiction

"The lawyer shall not (1) obstruct another person's access to evidence or unlawfully alter

An attorney shall not allude to any matter that is not supported by admissible evidence and shall not assert personal knowledge about the justness of a cause of action (unless testifying as a witness).

"(1) Only prosecute where there is probable cause

"If the prosecutor believes that the information sought is not protected from disclosure (or confidential)

if any

officer

"An attorney shall not counsel a client to engage in

"Yes. A lawyer SHALL give candid advice and MAY refer not only to the law

The States regulate all aspects of the pracatice of law. There is no national licensing authority for attorneys. Each State has its own bar and own requirements for admission to practice law.

if any

"Every State restricts the practice of law to those who are admitted to the bar of that State. (Exceptions: Pro hac vice - appearing in a court of another state in which the lawyer is not admitted

Yes. Each State may restrict the practice of law only to those admitted to the bar of their State.

"Any standard is acceptable as long it has a reasonable relationship to fitness to practice law. (Education

"(1) Citizenship qaulifications (a state cannot require that someone be a citizen of the United States

"If they make false statements to the bar

"Although there is no precise definition

"Although no precise definition

To protect people from receiving and paying for services from an unqualified person.

"Only lawyers can appear in court (Exceptions: PRO PER (anyone can represent themself if they want)

"No. A Corporation is an exception to the general rule that people can choose to represent themselves. A Corporation MUST ALWAYS have a lawyer. This lawyer

Only lawyers can draft legal documents. (Exceptions: People can draft their own legal documents or an attorney can create a form for which non-lawyers can just fill in the blanks.)

"(This is hard to implement) - Use common sense. If it is a task usually done by a non-lawyer

"(1) An attorney cannot aid a non-lawyer in activities that constitute the unauthorized practice of law

A lawyer cannot help a non-lawyer represent someone else. (Exception: A lawyer CAN help a pro per person represent themself)

When she appears Pro Hac Vice (with the courts permission); OR if the reason for the appearance in another jurisdiction arises out of her practice in the jurisdiction where she IS admitted.

"A lawyer may use his legal fees to pay his employees or make contributions to employees pension plans

Attorneys can be subject to discipline for certain conduct.

"(1) Violating a rule of professional conduct (model rules are the minimum standard)

A lawyer has a duty to make reasonable efforts to supervise subordinates and make sure that they comply with the code of professional responsibility.

"A subordinate lawyer has a duty to make individual judgments. A lawyer may

"Lawyers are responsible for the misconduct of others. If a lawyer gives an order to do something unethical

"There is no duty to accept representation. A lawyer can choose their clients however they wish. Exception: If the court appoints you to a case

"A lawyer does not have to accept court appointed representation if (1) Representing the client is likely to result in a violation of law or disciplinary rule

"(1) If the representation would result in a violation of law or disciplinary rule

must the lawyer withdraw from representation?"

Not necessarily. A lawyer can file a claim that is inconsistent with current law as long as there is a good faith belief that the law could be changed.

"If a lawyer does not believe that they are competent to handle the matter

An incompetent lawyer may accept representation in order to protect the situation until the client is able to find a competent lawyer.

"If a matter is in litigation

"(1) When the client pursues a course of action that the lawyer believes is criminal or fradulent

what are the requirements?"

"(1) When it becomes obvious that the client's primary purpose is to harass or delay

"(1) Duty to avoid conflicts of interest

"A lawyer may not represent a client if the representation of the client may be materially limited by the lawyer's responsibilities to another client

"A lawyer may continue with representation IF (1) the lawyer reasonably believes that the representation will not be adversely affected

"if one attorney in a firm is disqualified

"If the disqualified lawyer is from a government agency or is a former judge and they are disqualified because of the work that they did in that governmental agency or on the bench

"(1) Conflicts among current clients

Never. An attorney may not sue a current client even if in an unrelated matter. (This would be a breach of the duty of loyalty)

An attorney may represent multiple parties in the same proceeding as long as the attorney can represent all of the clients effectively AND so long as all clients consent in writing.

An attorney shall not participate in an aggregate settlement or guilty plea UNLESS each client consents in writing after being informed of ALL OTHER agreements.

"Yes. For example

"Yes

A lawyer shall not SOLICIT a substsantial gift from the client or prepare an instrument giving the lawyer or a person related to the lawyer a substantial gift from the client.

Where the client is related to te lawyer.

"No

if any

"Business deals between a lawyer and client are always looked at with suspicion. However

"Yes

"No. However

When a contingency fee is allowed and the interest would be obtained as a reasonable contingency fee.