Untitled Deck Flashcards
(28 cards)
Rule 1.0: Coaching a client through disclosure of confidential information
Requires an attorney to disclose the risks of disclosing any confidential information to the client. The client must then give consent to disclose the confidential information.
Rule 1.1: Competence
A lawyer shall provide competent representation to a client, requiring legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Rule 1.10: Conflicts within a firm
When lawyers are associated in a firm, none shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so, unless there is timely screening.
Rule 1.13: Organizational clients
When representing an organization, a lawyer must consider the organization itself as the client and act if they become aware of a potential serious legal violation within the organization.
Rule 1.2(a): Scope of representation
A lawyer shall abide by a client’s decisions concerning the objectives of representation and consult with the client as to means by which they are to be pursued.
Rule 1.2(b): Representation of a client
A lawyer’s representation of a client does not constitute an endorsement of the client’s political, economic, social, or moral views and activities.
Rule 1.4(a)(3): Lawyer’s duty to inform client
A lawyer shall keep the client reasonably informed about the status of the matter.
Rule 1.5: Reasonable attorney’s fees
A lawyer may only charge reasonable attorney’s fees, considering factors such as time, labor, novelty, skills, amount involved, and results obtained.
Rule 1.5(e)(1): Fee from referring a case
A lawyer may only receive a fee from referring a case to another lawyer not in the same firm.
Rule 1.6(b): Exceptions for disclosing confidential information
A lawyer may disclose confidential information in cases of death/bodily harm, fraud, already defrauded, or to ensure compliance with law/a court order.
Rule 1.6(c): Lawyer’s duty to prevent inadvertent disclosure
A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure or access to information relating to the representation of a client.
Rule 1.7: Concurrent conflict of interest
A lawyer shall not represent a client if the representation involves a concurrent conflict of interest, which exists if representation of one client would be materially adverse to another.
Rule 1.7(b)(3): Waiving concurrent conflict
A client may waive an otherwise concurrent conflict in writing.
Rule 1.8(a): Entering into business transactions with clients
A lawyer shall not enter into a business transaction with a client unless the terms are fair, the client is advised in writing, given a reasonable opportunity to seek independent counsel, and gives informed consent in writing.
Rule 1.8(d): Media rights
Prior to the conclusion of a representation, a lawyer cannot negotiate for media rights.
Rule 1.8(e): Payment of fees by another
The payment of fees by someone other than the client shall not affect the representation.
Rule 1.9: Former representation
A lawyer who has formerly represented a client shall not thereafter represent another person in the same or a substantially related matter unless the former client gives informed consent, confirmed in writing.
Rule 2.9: Ex parte communications
A judge shall not initiate, permit, or consider ex parte communications concerning a pending matter except for scheduling, administrative, or emergency purposes.
Rule 3.3(a)(1): Candor to the Tribunal
A lawyer shall not knowingly make a false statement of fact or law to a tribunal.
Rule 3.6(a): Trial Publicity
A lawyer shall not make an extrajudicial statement that will have a substantial likelihood of materially prejudicing an adjudicative proceeding.
Rule 3.6(b): Exceptions to trial publicity
A lawyer may state certain information such as the claim involved, identities of persons, and scheduling of litigation steps.
Rule 7.1: Communications concerning a lawyer’s services
A lawyer shall not make false or misleading communications about themselves or their services.
Rule 7.3(b): In-person solicitation of clients
A lawyer shall not solicit professional employment by live person-to-person contact when the significant motive is pecuniary gain, unless certain exceptions apply.
Rule 8.2(a): Public comments about judges
A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard concerning the qualifications or integrity of a judge.
