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MR 3.

3 Candor to Tribunal (You always have to disclose to the judge)
This rule trumps all, in terms of revealing information.
MR 1.6(a): Attorney SHALL NOT reveal information relating to the representation of a client without Informed Consent,
which is expressed.
 Implied consent is allowed when appropriate to carry out the representation or admitting a fact that can't be disputed or
disclose something that will facilitate the conclusion of the matter. Firms may discuss with each other matters relating to a
client of the firm UNLESS the client has instructed that information be shared only with specific lawyers in the firm.
MR 1.6(b): MAY reveal info relating to rep reasonably believes its
necessary to
1. Prevention of reasonably certain death or bodily injury
2. Prevent client crime or fraud, which is reasonably certain to result in
injury to the financial interest or personal property of another and
where attorney’s services have been used.
 This allows revealing of information to prevent. If the client doesn't
commit the fraud after being told not to, the lawyer doesn't have to
report it.
 This connects to rule MR 1.2(d) which prohibits lawyers from
counseling a client to engage in crime or fraud
 MR 1.16 lawyer can withdraw from representation of a client in such
circumstances.
3. To prevent mitigate or rectify substantial injury to the financial interest
or personal property of another as a result of fraud that the lawyer
learns of after the fact.
 This doesn't apply if when a client hires an attorney to represent
them concerning the fraud that was already committed and they
want representation concerning that offense.
4. To secure legal advice about attorney’s compliance with these rules
 To get advice to prevent a sanction
 To disclose in order to facilitate the conclusion of a case to see if
the strategy complies with the rules. MR 1.6 C. 5
5. To establish a claim or defense for the attorney against the client
6. To comply with a court order
7. To find and fix conflicts of interest which come from the lawyer's

MR 1.14 (INSANE
CLIENT)
 When attorney
reasonably believes
that the client has
diminished capacity
and is at substantial
risk of harm and
cannot adequately
act in client's
interest, lawyer may
disclose to
individuals who can
protect client or seek
appointment of
guardian ad litem,
conservator or
guardian.

Pursuant to MR
1.6(a) this is implied
consent but the
information revealed
may only be done to
the extent necessary
to protect the client's
interests.

MR 4.1(b)
 Must disclose
material facts when
disclosure is
necessary to avoid
assisting a criminal
or fraudulent act by
a client.
o Unless
disclosure is
prohibited by
MR 1.6

This is a “SHALL
NOT KNOWINGLY”
rule.

7(b) a lawyer SHALL NOT represent a client if the representation involves a concurrent conflict of interest  MR 1.7(b) 1-4 must be satisfied to determine if it is CONSENTABLE? 1.7(a)(1): Direct adversity means that the representation of one client will be contrary to another. or prejudice the client MR 1.change in employment or from changes in composition or ownership of a firm ONLY IF the information would not compromise Attorney-Client Priv.7(b): If you have a1 or a2 then MR 1. .7(a): Unless it's consentable under MR 1. The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client. MR 1.

So. a former client. The representation is not prohibited by law. The representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.7(a)(2): Significant risk of material limitation of representation of one client by the lawyer's duties to another client. a third person or the lawyer's own interest. This conflict looks at existing duties that might impair the duties to a client IN THE FUTURE 3. always continue to look at what kind of objective the lawyer is doing for the client and what might be impairing that job on exam fact patterns. confirmed in writing. and 4.o  CONFLICT IS NOW 2. . MR 1. Concurrent conflicts of interest may arise ANY TIME This means not just at the outset of representation but ANY TIME during the representation. Each affected client gives informed consent.

does not constitute an endorsement of the client's political. competence can be achieved by reasonable  Tell the client about any preparation. economic.  A lawyer MAY limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. in conduct that the lawyer knows is criminal or fraudulent.14 obstruction or personal  The information provided inconvenience and take is that for a whatever lawful and ethical comprehending and measures are required to responsible adult. as to a plea to be entered. informed consent is needed.4  A newly admitted lawyer  Promptly inform the can be as competent as a client of any lawyer who is practicing for circumstance where many years.  A lawyer shall not counsel a client to engage.  A lawyer's representation of a client. the lawyer shall abide by the client's decision.  Scope/Authority MR 1. In a criminal case. social or moral views or activities.  Comment 1: pursue client’s matter despite opposition. o Comment 5: To prevent neglect upon the possible lawyer's death there should be a plan to have another competent lawyer take over A lawyer shall abide by a client's decision whether to settle a matter.3  SHALL act with reasonable diligence and promptness  Workload must be handled competently Unless terminated by 1. after consultation with the lawyer.16 lawyer should conclude all matters for the client. about the status of the matter  A lawyer may accept  Promptly comply with representation where the requisite level of requests for info.Competence Communication MR 1.  SHALL explain the matter to the extent reasonably Expertise in a particular necessary to permit the field of law may be required client to make informed in some circumstances. or assist a client. decisions regarding their representation. This vindicate client’s cause may be impracticable o So you don’t have to when the person is a take the case but once child or suffers from you do you must do diminished capacity. but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a . limitation imposed by the law or the MR  Required proficiency is that of a general practitioner. whether to waive jury trial and whether the client will testify.2  Shall a lawyer shall abide by a client's decisions concerning the objectives of representation and consult with client as to the means by which they are to be pursued. MR 1. everything within bounds of law and rules  Comment 2: that the to pursue lawyer should make every effort to Diligence MR 1. o A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation.1 MR 1.  You should study and  Reasonably informed prepare yourself fully for whatever you agree to do.

client to make a good faith effort to determine the validity. meaning or application of the law.communicate with the client in this regard. scope. .

then you are not responsible for following your boss's . b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.4(c) Misconduct  It is professional misconduct for a lawyer to engage in conduct involving dishonesty.1 Responsibilities of Partners.7. MR 8.2 Responsibilities of a Subordinate Lawyer   Lawyer in law firm or who is over others has to make sure that (reasonably) that the others conform to the MR  If you are a direct supervisor of another lawyer you have to  take reasonable measures to make sure the other confirms to the MR  You are responsible for the violation of another if: o The lawyer orders with knowledge of the specific conduct or the conduct involved OR o The lawyer is partner or has managerial authority in law  A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person. A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty. shall inform the appropriate professional authority. shall inform the appropriate professional authority. trustworthiness or fitness as a lawyer in other respects.3 Reporting Lawyer Misconduct a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty.MR 8. c) This Rule does not require disclosure of information otherwise protected by Rule 1. trustworthiness or fitness as a lawyer in other respects. b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority. fraud. deceit or misrepresentation. Managers. Example: If there is a conflict of interest under MR 1. MR 8.3 Reporting Lawyer Misconduct a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program. it is the supervisor's job to resolve it. c) This Rule does not require disclosure of information otherwise protected by Rule 1. & Supervisory Lawyers MR 5. If it is later challenged. MR 5.

firm that the other lawyer practices in or has direct authority over other lawyer and knows of the conduct at the time when its consequences can be avoided or mitigated but fails to take action. . direction if the action is questionable.