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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 attorneys 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 attorneys 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.

change in employment or from changes in composition or ownership of


a firm ONLY IF the information would not compromise Attorney-Client
Priv. or prejudice the client

MR 1.7(a): Unless it's consentable under MR 1.7(b) a lawyer


SHALL NOT represent a client if the representation involves a
concurrent conflict of interest

MR 1.7(a)(1): Direct adversity means that the


representation of one client will be contrary to another.

MR 1.7(b): If you have a1 or a2 then MR 1.7(b) 1-4


must be satisfied to determine if it is CONSENTABLE?
1. The lawyer reasonably believes that the lawyer will be
able to provide competent and diligent representation to
each affected client;

CONFLICT IS NOW
2. The representation is not prohibited by law;

MR 1.7(a)(2): Significant risk of material limitation of


representation of one client by the lawyer's duties to
another client, a former 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. 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; and
4. Each affected client gives informed consent, confirmed in
writing.

Concurrent conflicts of interest may arise ANY TIME


This means not just at the outset of representation but ANY TIME during the representation.
So, 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.

Competence

Communication

MR 1.1
MR 1.4
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.
informed consent is
needed.
You should study and
Reasonably informed
prepare yourself fully for
whatever you agree to do.
about the status of the
matter
A lawyer may accept
Promptly comply with
representation where the
requisite level of
requests for info.
competence can be
achieved by reasonable
Tell the client about any
preparation.
limitation imposed by the
law or the MR
Required proficiency is that
of a general practitioner.
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.
decisions regarding their
representation.
Comment 1: pursue clients
matter despite opposition, MR 1.14
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. This
vindicate clients cause
may be impracticable
o So you dont have to
when the person is a
take the case but once
child or suffers from
you do you must do
diminished capacity.
everything within
bounds of law and rules
Comment 2: that the
to pursue
lawyer should make
every effort to

Diligence
MR 1.3
SHALL act with
reasonable diligence
and promptness

Workload must be
handled competently

Unless terminated by
1.16 lawyer should
conclude all matters
for the client.

Scope/Authority
MR 1.2
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.
o A lawyer may take such action on
behalf of the client as is
impliedly authorized to carry
out the representation.
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. In a criminal case, the
lawyer shall abide by the client's
decision, after consultation with
the lawyer, as to a plea to be
entered, whether to waive jury
trial and whether the client will
testify.

A lawyer's representation of a client,


does not constitute an endorsement
of the client's political, economic,
social or moral views or activities.

A lawyer MAY limit the scope of the


representation if the limitation is
reasonable under the circumstances
and the client gives informed
consent.

A lawyer shall not counsel a client to


engage, or assist a client, in conduct
that the lawyer knows is criminal or
fraudulent, but a lawyer may discuss
the legal consequences of any
proposed course of conduct with a
client and may counsel or assist a

communicate with the


client in this regard.

client to make a good faith effort to


determine the validity, scope,
meaning or application of the law.

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, trustworthiness or fitness as a lawyer in other respects, shall inform the
appropriate professional authority.
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.
c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge
while participating in an approved lawyers assistance program.
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, trustworthiness or fitness as a lawyer in other respects, shall inform the
appropriate professional authority.
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.
c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge
while participating in an approved lawyers assistance program.
MR 8.4(c) Misconduct
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
MR 5.1 Responsibilities of Partners, Managers, &
Supervisory Lawyers

MR 5.2 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.
Example: If there is a conflict of interest under MR 1.7, it is
the supervisor's job to resolve it. If it is later challenged,
then you are not responsible for following your boss's

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.