(1) It can be accomplished without material adverse effect on the interests of the client

(2) The client persists in a course of action involving the lawyer's services that the lawyer
reasonably believes is criminal or fraudulent

(3) The client has used the lawyer's services to perpetrate a crime or fraud

(4) A client insists upon taking action that the lawyer considers repugnant or with which the
lawyer has a fundamental disagreement

(5) 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

(6) The representation will result in an unreasonable financial burden on the lawyer or has
been rendered unreasonably difficult by the client

(7) Other good cause for withdrawal exists

1a
Withdrawal is permitted or representation may
be declined if:

1b
The (1) scope of the representation and (2) the basis or
rate of the fee and expenses for which the client will be
responsible shall be communicated to the client, (3)
preferably in writing, (4) before or within a reasonable
time after commencing the representation, except when
the lawyer will charge a regularly represented client on
the same basis or rate.

Any changes in the basis or rate of the fee or expenses

shall also be communicated to the client.
2a
Duty to Avoid Misunderstandings re:
Compensation for Legal Services

2b
(1) The representation will result in violation of
the Rules of Professional Conduct
(2) The lawyer's physical or mental condition
materially impairs the lawyer's ability to
represent the client; or
(3) The lawyer is discharged.

3a
Withdrawal is mandatory or representation
should be declined if:

3b
According to the Model Rules, a lawyer must
not withdraw from employment until she has
taken reasonable steps to avoid foreseeable
prejudice to the rights of her client [MR 1.16]. If
the Statute of Limitations will run on the client's
claim in one week, the lawyer must take all
reasonable steps to ensure that the client's claim
will not be foreclosed by its expiration.
4a
Protecting client's rights and withdrawing from
representation

4b
According to the Model Rules, if a lawyer who
represents a company finds that the interests of
a constituent of the company are adverse to the
company's interests, the attorney should advise
the constituent that: (1) there is a potential
conflict of interest; (2) the attorney cannot
represent the constituent; (3) the constituent
may wish to obtain independent counsel; and (4)
discussions between the lawyer and the
individual may not be privileged [MR 1.13]. If the 5a
In house counsel and disclosure

5b
Although a lawyer is generally prohibited from
obtaining a proprietary interest in the subject
matter of litigation, there is an exception that
permits an attorney to obtain a lien on such
property to secure the collection of her fees.
The Model Rules do not specify a limit for
contingency fees, although Model Rule 1.5 does
list several factors to consider in judging
whether a fee is reasonable.
6a
Proprietary Interest in the subject matter of
litigation

6b
Although lawyers generally may not practice in states
where they are not licensed, there is an exception for in-
house counsel. As long as they do not undertake activities
for which the forum requires pro hac vice admission--as
long as they do not appear in court--the lawyer is
authorized to practice with a license from a different
state. The rationale is that the employer of an in-house
lawyer is likely to be a sophisticated consumer of legal
services and likely to know and voluntarily undertake the
risks that come with hiring a lawyer licensed in another
jurisdiction.
7a
Out-of-state practice and in-house counsel

7b
Although often junior lawyers can rely upon their senior
colleagues to resolve difficult questions of professional
responsibility, this is not one of those situations. The junior
lawyer can rely on the senior partner only if the senior
partner reaches a reasonable resolution of an arguable
question of professional duty. This is a clear conflict, and
to conclude that it is permissible to represent a new
client with interests that are diametrically opposed to the
interests of an existing client is not a reasonable
resolution of what is actually a clear question of
professional duty.
8a
Senior colleagues and questions of professional
responsibility

8b
Although testimonial evidence is almost always protected by the
attorney-client confidentiality privilege, material evidence is not. A
lawyer cannot conceal material evidence in his possession [MR
3.4]. Furthermore, a lawyer cannot change the location of
evidence so that the prosecution cannot find it.

Lawyers are permitted to take possession of physical evidence or

instrumentalities of client crime, but only for a short time period for
purposes such as testing the evidence in ways that will not alter or
destroy it. Once the attorney takes possession, however, it is clear
that the lawyer must turn the item over to law enforcement. The
lawyer, however, is under no obligation to take possession of the
physical evidence or instrumentality.
9a
Attorney client privilege and physical evidence

9b
Although this question has been controversial
for some time, there is now a definite majority
view that undercover conversations such as this
are authorized by law and thus do not violate
the "no-contact rule," even when they are done
at the instruction of a lawyer. Therefore, in this
question, the prosecutor will not be subject to
discipline.
10a
Undercover investigators and the "no contact"
rule for represented persons

10b
Any negligence of a lawyer's agent will be
imputed to the lawyer under the doctrine of
respondeat superior; however, the lawyer is
subject to discipline only if they fail to
reasonably supervise the agent.

11a
Consequences for agent's negligence

11b
An arguable question of professional duty, it will
come down to a 50/50 split between "could be a
violation" or "could not be a violation"

An attorney can rely on their supervisor's

reasonable judgement call without fear of
discipline.

12a
Arguable question of professional duty

12b
An attorney must withdraw from representation
before entering into a sexual relationship. An
attorney is prohibited from having a sexual
relationship with a client, unless the sexual
relationship predates the representation.

13a
Conflict of interest and sexual relations with a
client

13b
An attorney's notes which containing their
mental impressions of the witness's believability
are opinion work product. Therefore, they are
immune from disclosure absent extraordinary
circumstances. The Federal Rules of Evidence
provide that a party seeking discovery of opinion
work product must show that it is unable, without
undue hardship, to obtain the substantial
equivalent of the material by other means.
14a
Work-product privilege

14b
A client has the right to refuse to testify and to
prevent his attorney from testifying in court
about their communications.

Note: Look for evidence of talking either one-

on-one or by giving consent to talk to another
but it has to come from the mouth of the client.

15a
Attorney-Client Privilege

15b
A client waives the protection of A-C privilege
by talking about the information to a third party

16a
Waiver of Attorney-Client Privilege

16b
The Code of Judicial Conduct permits a judge to
speak at an event sponsored by a non-profit civic
organization [CJC Rule 3.7]. In addition, the Code of
Judicial Conduct allows a judge to accept
reasonable compensation for permissible
extrajudicial activities when doing so would not
appear improper to a reasonable person [CJC Rule
3.12]. Thus, a judge can receive a reasonable stipend
from an organization that is not located in the state
where she is a judge.
17a
Stipends for judges at non-profit events

17b
The Code of Judicial Conduct requires a judge to
recuse himself when his impartiality might
reasonably be questioned and to disclose
information relevant to a motion for
disqualification on the record, even if the judge
does not think he should be disqualified.

18a
Impartial judge and disqualification procedure

18b
The Code of Judicial Conduct requires that a
judge resign her judgeship when becoming a
candidate for non-judicial elective office.

19a
Judges and non-judicial elective candidates

19b
Communication with unrepresented parties is
regulated to avoid misunderstandings and
overreaching, but the lawyer is permitted to
communicate with the unrepresented person
when the danger of misunderstanding and
overreaching is minimal.

20a
Unrepresented persons and attorney
communication

20b
Contingent fees are dependent on the successful resolution of a client's case and payable from the judgement proceeds.

A contingent fee agreement SHALL be in a writing signed by the client and SHALL state the method by which the fee is to be determined.

The agreement MUST including

(1) the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; l
(2) litigation and other expenses to be deducted from the recovery; and
(3) whether such expenses are to be deducted before or after the contingent fee is calculated.

The agreement MUST clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing
party.

Upon conclusion of a contingent fee matter, the lawyer SHALL provide the client with a written statement stating the outcome of the matter
and, if there is a recovery, showing the remittance to the client and the method of its determination.

If there is any doubt as to whether a contingent fee is in the client's best interest, the lawyer should offer the client alternative bases for the
fee and explain their implications.

When Contingent Fee is Prohibited:

(1) Criminal cases
(2) Domestic relations cases (divorce, alimony, support, property settlement) except to recover money that is past due under an alimony or
support decree

Discharge of a Lawyer on Contingency: A client retains the authority to discharge a lawyer hired on a contingency basis at any time. Usually,
but not always, the lawyer will be entitled to the reasonable value of the services performed up to the time of the discharge.

21a
Contingent Fees

21b
During a fee dispute, the lawyer must deliver all
non-disputed amounts minus the fees earned by
the attorney to the client and leave the disputed
amount in the client's trust pending the dispute

22a
Fee dispute procedure

22b
Each jurisdiction seeks to prevent the unauthorized
practice of law to protect the public's need for
integrity and competence of those rendering legal
services.

Exception: Where professional judgment of a lawyer

is not involved, non-lawyers are authorized to
engage in occupations even if they require a special
knowledge of the law (e.g. clerks, government
officials, etc.)
23a
Unauthorized Practice of Law

23b
Evidence used during cross-examination to
impeach the opposing party need not be turned
over in discovery unless state law requires
otherwise.

24a
Impeachment evidence and discovery

24b
Generally, a person who talks with a lawyer
about forming a lawyer-client relationship is a
prospective client under Model Rule 1.18. The
lawyer cannot use or reveal information
obtained in the consultation. However, there is
no prospective client relationship when the
lawyer has not given the person a reasonable
expectation that the lawyer is willing to discuss
forming a client-lawyer relationship.
25a
Prospective clients and confidentiality

25b
The general premise is that everyone should
have equal access to relevant evidence. Lawyers
are permitted to request that someone other
than a client refrain from giving information to
another party only if that person is a relative,
employee, or other agent of the lawyer's client,
and the lawyer reasonably believes that the
person's interests will not be adversely affected
by refraining from giving such information.
26a
Restraining witnesses from talking to opposing
counsel

26b
A government lawyer has a conflict when that lawyer
leaves government service and represents a client in
a matter in which the lawyer was personally and
substantially involved as a government lawyer.
However, the drafting of legislation for a government
agency is not a "matter" for these purposes because
it does not involve specific parties. Thus, consent of
the government agency is not required under these
circumstances.
27a
Definition of matter for the purpose of
government turned private attorney

27b
 i. Disbarment - permanent
ii. Suspension - temporary
iii. Public or private censure

28a
Forms of Sanctions

28b
If a a private firm uses a trade name that
includes a geographical name, such as
"Springfield Legal Clinic," it must use an express
disclaimer that it is not a public legal aid agency
in order to avoid a misleading implication.

29a
Geographical trade names in advertisements

29b
If a lawyer has knowledge of a judicial
misconduct that raises a substantial question as
to the judge's fitness for office, they must inform
the appropriate authorities

30a
Reporting judicial misconduct

30b
If the lawyer conclusively believes a claim to be
frivolous, yet bring the claim anyway, they can
be subject to sanctions by both the bar and the
court. If there is a "good-faith baisis" or "basis in
fact and law" for the claim, no discipline even if
the attorney suspects that the client will not
prevail.

31a
Discipline for bringing frivolous claims

31b
In an ex parte proceeding, the lawyer's duty of
candor to the court includes the duty to reveal all
facts known to the lawyer that will enable the
tribunal to make an informed decision. This duty
includes adverse facts. Usually the adversary process
relies on opposing parties to make the tribunal aware
of all relevant facts, but when only one side is
represented it is deemed necessary to require the
lawyer to present adverse facts so that the tribunal
can reach a just decision.
32a
Ex parte proceedings and candor

32b
In order to protect the independence of
lawyers, they are not permitted to have non-
lawyers as corporate officers or directors, or
those in positions of similar responsibility if the
law firm is not organized as a corporation. An
agreement that the CEO will not interfere with
the professional judgment of the lawyers is
insufficient. The arrangement is forbidden, and
therefore, the law firm is subject to discipline.
33a
Nonlawyers as corporate officers or directors

33b
In settling a malpractice claim that has already
arisen (as opposed to an agreement to limit
malpractice liability prospectively), it is enough
for the client to be advised of the desirability of
obtaining independent counsel and to be given
an opportunity to do so. The client need not
actually be independently represented.

34a
Settling malpractice claim

34b
It is improper to make a contingency fee
agreement with an expert witness.

35a
Expert witness and contingency fees

35b
It is part of a lawyer's duty under Model Rule 2.1
to "exercise independent professional judgment
and render candid advice." This advice can
include relevant nonlegal factors, including
moral, economic, social, and political
considerations. It can also (and sometimes must)
include things the client does not want to hear.

36a
Appropriate legal advice

36b
i. violate or attempt to violate the Rules of Professional Conduct, knowingly
assist or induce another to do so, or do so through the acts of another

ii. commit a crime that goes to honesty, trustworthiness or fitness as a lawyer

iii. act with dishonesty, fraud, deceit or misrepresentation

iv. act with prejudice to the administration of justice

v. claim to have the ability to improperly influence the government or to

achieve results by violating the Rules of Professional Conduct or other law

vi. knowingly assist a judge or judicial officer in conduct that is a violation of

applicable rules of judicial conduct or other law
37a
It is professional misconduct for a lawyer to...

37b
A judge can participate in activities sponsored by
organizations concerned with the law, the legal system,
or the administration of justice, and those sponsored by
non-profit educational, religious, charitable, fraternal, or
civic organizations [CJC Rule 3.7]. Specifically, a judge
can assist such organizations in the management and
investment of their funds and solicit contributions from
members of the judge's family or from judges over whom
the judge does not exercise supervisory or appellate
authority.
38a
...

38b
A judge may obtain the written advice of a
disinterested expert on the law applicable to a
proceeding before the judge, if the judge gives
advance notice to the parties of the person to
be consulted and the subject matter of the
advice to be solicited, and affords the parties a
reasonable opportunity to object and respond
to the notice and to the advice received [CJC
Rule 2.9 (A)(2)].
39a
Disinterested expert advice and notice to parties

39b
Judges are permitted to take advantage of
financial opportunities, including loans and
discounts, if the same opportunities are available
on the same terms to similarly situated people
who are not judges.

40a
Financial opportunities and judges

40b
Judges must decide matters based upon the
evidence and on any matters of which the judge
takes judicial notice. Judges are not permitted to
go beyond the evidence and conduct their own
research regarding their cases. Judges may
obtain the disinterested advice of an expert on
the law under certain conditions, which include
advice in writing.
41a
Judges and independent research

41b
A law firm name that includes the names of
deceased partners is a trade name, but such
designations are generally permitted. As long as
the name is not misleading, the law firm may use
it.

42a
Trade names - deceased partners

42b
A lawyer-client relationship arises either when:

1. Person intends lawyer to provide legal services and

lawyer agrees;

2. Person intends the lawyer to provide legal services and

the lawyer does not object but knows or should know
that the person is reasonably relying on the lawyer to
provide the services; OR

3. A tribunal appoints a lawyer to represent a client

43a
3 Ways to Create the Lawyer-Client Relationship

43b
The lawyer has a conflict of interest if the lawyer represents a
private client in a matter in which the lawyer participated
personally and substantially as a government lawyer. If the
lawsuit involves the same controversy as the government's suit,
it is the same "matter." It does not matter that the lawyer is "on
the same side." What matters is that the lawyer participated
personally and substantially. However, the firm can avoid
imputed disqualification by screening the lawyer from
participation, prohibiting him from receiving any portion of the
fee, and by giving written notice to the government agency.

44a
Conflict of interest and government turned
private attorney

44b
The lawyer has a conflict of interest if there is a
significant risk that his representation of the new
client will be materially limited by his
relationship with the another.

45a
Conflict on Interest - general

45b
A lawyer has a duty to report misconduct by
another lawyer unless his knowledge of the
misconduct is based on confidential information.
Confidentiality prohibits a lawyer from revealing
information relating to the representation of a
client unless the client gives informed consent,
the disclosure is implicitly authorized to carry
out the representation, or the disclosure is
otherwise permitted.
46a
Reporting misconduct and confidentiality

46b
The lawyer has a limited right to reply to the
undue prejudicial effect of the opposing
counsel's public statements. However, the lawyer
may not make statements that exceed the
necessity to reply. By doing so, the lawyer
subjects himself to discipline.

47a
Right to reply to unduly prejudicial public
statements by opposing counsel

47b
 The lawyer has the duty to promptly deliver
funds to the client, the client is not responsible
for retrieving the funds.

48a
Duty to promptly deliver funds to client

48b
A lawyer is allowed to reveal information
relating to the representation of a client to the
extent the lawyer reasonably believes necessary
to mitigate or rectify substantial injury to
another's financial interests or property that has
resulted from the client's commission of a crime
or fraud when the client has used the lawyer's
services to further the crime or fraud.
49a
Unintentional assistance in crime or fraud and
confidentiality

49b
A lawyer is permitted to serve as a director,
officer, or member of an organization involved in
reforming the law, even though the reforms may
affect her clients' interests. When a lawyer knows
that a client's interests may be materially
benefited by a decision in which she is involved,
the lawyer shall disclose that fact but need not
identify the client.
50a
Lawyers and law reformation

50b
A lawyer is prohibited from engaging in conduct
intended to disrupt a tribunal (e.g. for purpose of
distracting and confounding adversaries).
Disrupting a deposition constitutes disrupting a
tribunal for purposes of this rule.

51a
Disruption of the tribunal

51b
A lawyer is prohibited from prospectively limiting
malpractice liability to a client unless the client is
independently represented in making the
agreement.

52a
Limiting a malpractice claim

52b
A lawyer is required to seek the court's
permission to withdraw if the representation will
cause the lawyer to commit professional
misconduct (includes duty of competence).

53a
Professional misconduct and withdrawal

53b
A lawyer may communicate the fact that the
lawyer does or does not practice in particular
fields of law. It is even acceptable for the lawyer
to use the words "specialize" or "specialist," as
long as he does not state or imply that he has a
certification in a specialty that he does not.

54a
Advertisements and specialist

54b
A lawyer may deposit the lawyer's own funds in
a client trust account for the sole purpose of
paying bank service charges on that account, but
only in an amount necessary for that purpose.

55a
Lawyer's funds in a client's trust account

55b
A lawyer may generally say that he is a
specialist as long as he does not say he is a
certified specialist unless he has appropriate
certification. Even still, the term must not be
misleading.

56a
Advertising as a specialist

56b
A lawyer may list, in advertising, the jurisdictions
in which he is licensed to practice.

57a
Advertisements and jurisdictions

57b
A lawyer may not contact a juror when the juror
has made it known to the lawyer that the juror
does not wish to communicate.

58a
Juror contact by lawyer

58b
A lawyer may not practice in a professional
corporation or association authorized to practice law
for profit if a non-lawyer owns any interest in it. The
primary policy underlying this area of ethics is to
protect the lawyer's professional independence of
judgment. A shareholder has the right to vote on
matters in a corporation. Non-lawyer shareholders
holding a majority of the shares would have the right
to control the running of the law firm.
59a
Legal partnership with non-attorneys

59b
A lawyer may not represent a client if the representation involves a concurrent
conflict of interest with, among other things, a lawyer's personal interests [MR 1.7].
This means that the lawyer should not represent the client if there is a significant
risk that the lawyer's personal interests might materially limit the lawyer's
representation of the client. Some of the kinds of personal interests that might
constitute a conflict of interest include the following: (1) if the lawyer's honesty or
conduct is in serious question; (2) if the lawyer is discussing possible employment
with his opponent or with the opponent's law firm; (3) if a lawyer has related,
undisclosed business interests that could affect representation [MR 1.7 [cmt. 10]].
However, representing a client does not constitute approval of the client's views or
activities. If none of these kinds of personal interests that might constitute a conflict
are present, the attorney may personally oppose a position taken by his client.
However, the attorney must act in such a manner as to not prejudice his client or
adversely affect his obligations of loyalty to his client.

60a
Personal opposition of a client's position

60b
A lawyer may practice temporarily in another
state if the activity is reasonably related to a
potential proceeding in that jurisdiction and if the
lawyer reasonably expects a person the lawyer
is assisting to be authorized to appear in that
proceeding.

61a
Out-of-state practice

61b
A lawyer may represent both parties if he
reasonably believes he can provide competent
and diligent representation to both of them and
obtains their informed consent in writing. Also,
clients with a high level of sophistication should
be more able than most to give informed
consent.

62a
Representing both parties in a case

62b
A lawyer must not begin a relationship where there is a potential conflict of interest WHEN it is likely to adversely affect the lawyer's ability to
exercise independent or professional judgment or when there is a substantial risk that the representation of one client will be materially
impacted by responsibilities to another.

ADD "personally and substantially"

Both clients and prospective clients are entitled to the same protections under this rule.

(1) No business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a
client unless:
a. transaction and terms are fair and reasonable and are fully disclosed in writing in a manner that can be reasonably understood by the
client;
b. client is advised in writing to seek independent counsel and is given a reasonable opportunity
c. and client gives informed consent in writing signed by the client

(2) No using information relating to representation of a client to the disadvantage of the client unless client gives informed consent.

(3) No soliciting any substantial gift from a client unless the client is a spouse, child, grandchild, parent, grandparent or other relative or
individual with whom the lawyer or the client maintains a close, familial relationship.

(4) No agreements giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the
representation.

(5) No financial assistance to a client in connection with pending or contemplated litigation, except advance court costs and expenses in
contingent agreements or court costs and expenses of litigation on behalf of the client.

(6) No accepting compensation for representing a client from any one other than the client unless client gives informed consent; there is no
impact on the client-lawyer relationship; and information relating to representation is protected.

(7) No making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or
nolo contendere pleas unless each gives informed consent in writing signed by the client.
63a
(8) No limiting the lawyer's liability to a client for malpractice unless the client is independently represented in making the agreement
Duty to Avoid Conflicts of Interest

63b
A lawyer MUST not reveal information "relating to the representation" of a client unless
client provides informed consent or unless the information relating to the representation of
the client is public record.

Confidentiality belongs to the lawyer not to misuse for the rest of their life.

Exceptions:
(1) MAY reveal
i. Necessary to serve client's interest
ii. Establish a claim or defense on behalf of lawyer in controversy w/ client, or defense to
criminal or civil claim
iii. Required by RPC
iv. Detect and resolve conflicts of interest

(2) MUST reveal

i. Prevent client from committing a crime
ii. Prevent death or substantial bodily harm to another
64a
Confidentiality

64b
Lawyers are encouraged to participate in legal
services organizations, even ones that have
interests that may diverge from their client's
interests; however, the lawyer must not
participate directly in an action which would be
averse to the client's interests, thus, incompatible
with the lawyer's duty of loyalty.

65a
Legal service organizations and averse interests
of the client

65b
Lawyers are fully responsible legally and
ethically for the work of their non-lawyer
assistants and are required to supervise them
[MR 5.3]. However, a lawyer may employ the
services of paraprofessionals and delegate to
them, as long as the lawyer supervises the
delegated work and retains responsibility for it.

66a
Delegating legal work to non-lawyers

66b
Lawyers are permitted to report truthfully about
the results that they obtain for clients in their
advertisements. However, even truthful
statements can be misleading. If the
advertisement would cause a reasonable person
to form an unjustified expectation of similar
results, then the commercial is misleading and
the lawyer is subject to discipline.
67a
Truthful but misleading advertisements

67b
Lawyers can be liable for drug use during
business hours and if they know of another's
drug use during business hours but do not report
the use

68a
Drug use and reporting drug use

68b
Lawyers can sue former clients; however, the
former client can move to disqualify them. Still,
the lawyer is not subject to discipline simply
because they sue a former client. Make sure the
question is asking you about how a court should
rule on said motion rather than asking if the
lawyer is subject to discipline.

69a
Suing a former client

69b
A lawyer's communication with the public AT LARGE
is protected commercial speech under the First and
Fourteenth Amendment unless false or misleading.

May be written, recorded, or in electronic form

including public media if the advertiser is identified
and nothing of value is given for a person's
recommendation of the lawyer's services beyond the
cost of advertisements or usual charges for a referral
service.
70a
Advertising

70b
Lawyers generally are not permitted to practice in a
private firm in which a nonlawyer owns an interest;
however, there is an exception. A fiduciary of the
estate of a deceased lawyer may hold an interest in
the firm for a reasonable time during administration
of the estate. Even though the ownership by a
nonlawyer is proper, the lawyer nevertheless may
not practice in a firm in which a nonlawyer has the
right to direct or control the lawyer's professional
judgment.
71a
Temporary partnership with non-lawyer

71b
Lawyers generally have a duty to communicate
settlement offers to clients. However, if the
client has made it known that a particular
settlement offer is unacceptable, the lawyer
need not convey the offer.

72a
Communication and settlement offers

72b
Lawyers generally may not make material
misrepresentations of fact. However, some
statements are not treated as statements of fact
because under generally accepted conventions of
negotiation they are not statements that people rely
upon. A party's intent to accept a settlement offer
are in that category. A lawyer may bluff about his
settlement authority without fear of discipline
because, under the Model Rules, he has not made a
misrepresentation of fact.
73a
Bluffing and duty of honesty

73b
Lawyers generally may not pay anyone for
referrals. There are, however, exceptions to this
general rule. One of them is that a lawyer may
pay a qualified lawyer referral service that has
been approved by a state agency.

74a
Payment for legal referrals

74b
Lawyers generally may not solicit potential clients, other than
lawyers, family members, and close friends, through face-to-face,
live telephone or real-time electronic communication. One
exception to that general rule, however, is solicitation by a lawyer
who does not have a significant motive of pecuniary gain. There is
deemed to be less risk of overreaching when the lawyer is
motivated by other concerns.

Real-time electronic contact (instant message) is treated like

telephone contact, not like e-mail.

Note: The rules do not define "close friends" so if the facts give
room for argument, this may not be the best answer.
75a
In-person solicitation exceptions

75b
Lawyers generally must communicate with
clients about the status of the matters entrusted
to the lawyer. However, the lawyer may withhold
information from a client under circumstances
where it is likely that the client would react
imprudently.

76a
Communication and special circumstances

76b
A lawyer SHALL hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from
the lawyer's own property.

Funds SHALL be kept in a separate account maintained in the state where the lawyer's office is situated, or elsewhere with the consent of the
client or third person.

Other property SHALL be identified as such and appropriately safeguarded.

Complete records of such account funds and other property SHALL be kept by the lawyer and shall be preserved for a period of [five years]
after termination of the representation.

A lawyer MAY deposit the lawyer's own funds in a client trust account for the sole purpose of paying bank service charges on that account,
but only in an amount necessary for that purpose.

A lawyer SHALL deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer
only as fees are earned or expenses incurred.

Upon receiving funds or other property in which a client or third person has an interest, a lawyer SHALL promptly notify the client or third
person.

Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer SHALL promptly deliver to the client or
third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person,
shall promptly render a full accounting regarding such property.

When in the course of representation, a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer)
claim interests, the property SHALL be kept separate by the lawyer until the dispute is resolved.

The lawyer SHALL promptly distribute all portions of the property as to which the interests are not in dispute.

77a
Duty to Protect a Client's Property

77b
A lawyer shall not make a statement that the
lawyer knows to be false or with reckless
disregard as to its truth or falsity concerning the
qualifications or integrity of a judge.

78a
Statements about judicial misconduct

78b
A lawyer shall not require an unreasonable amount for fees or expenses considering:

(1) time, labor, difficulty and skill requisite to perform the service properly;

(2) the likelihood that acceptance will preclude other employment by the lawyer;

(3) the customary fee for the area for similar services;

(4) the results obtained;

(5) time sensitivity;

(6) length of the relationship;

(7) experience, reputation, and ability of the lawyer; and

(8) whether the fee is fixed or contingent.

79a
Legal Fee Must Be Reasonable

79b
A lawyer shall not seek to avoid appointment by
a tribunal to represent a person except for good
cause, such as:

1. representation would likely violate of the

Rules of Professional Conduct or other law;

2. representation would likely be an

unreasonable financial burden; or
80a
Duty to Accept Appointments

80b
A lawyer shall provide competent representation to a client.
Competent representation requires the legal knowledge, skill,
thoroughness and preparation reasonably necessary for the
representation.

Competent representation requires the legal knowledge, skill,

thoroughness, and preparation reasonably necessary for the
representation.

In addition, lawyer must act with reasonable diligence and

promptness, and keep client reasonably informed about status of
matter and promptly comply with reasonable requests for
information.
81a
Basic Obligations of Competence and Care

81b
A lawyer should pursue a matter on behalf of a
client despite opposition, obstruction or
personal inconvenience to the lawyer, and take
whatever lawful and ethical measures are
required to vindicate a client's cause or
endeavor. A lawyer must also act with
commitment and dedication to the interests of
the client and with zeal in advocacy upon the
client's behalf [MR 1.4 [cmt. 1]].
82a
 Manner of representation and
inconvenience/opposition/obstruction

82b
Lawyers may receive property as their fee. It is possible,
however, that the rules applicable to business transactions
with clients will apply, because such arrangements often
have the essential characteristics of such a transaction. If
the lawyer complies with those rules, the arrangement is
permissible. One of the requirements of a business
transaction with a client is that the terms of the agreement
are fair and reasonable to the client. If that is true, then
the arrangement will also pass muster as a "reasonable"
fee.
83a
Property as payment of attorney fees

83b
Lawyers must assess their own competence and
to either remedy any issues that interfere with
their representation, like lack of funding for the
necessary research on the case or decline the
representation.

84a
Lack of competence and dscipline

84b
Lawyers must reasonably consult with their
clients about the means to be used in
accomplishing the client's objectives. However,
when there is no time in which the lawyer could
have consulted the client, a lawyer may make a
decision and act without consultation of the
client.

85a
Communication and means to accomplish
client's objectives

85b
Lawyers owe clients the duty of candid advice.
For example, if a lawyer thinks a case is a loser,
the lawyer had an obligation to say so even if
that advice would have been unpalatable for the
client. The lawyer is subject to discipline for
failing in his role as an advisor even if, as an
advocate, he was able to make a good-faith
argument.
86a
Duty of candid advice

86b
The lawyer's participation in the radio show, taking
calls from listeners, and agreement to see a potential
client with whom the lawyer talked on the show did
not violate any of these rules. The caller initiated the
contact with the attorney. The radio show was neither
a solicitation for clients nor an advertisement for the
attorney. The closest analogy is a seminar for the
public where lawyers talk about matters of interest,
which is permitted. Listeners are free to contact the
lawyer thereafter, which is what happened here.
87a
Radio shows and solicitation

87b
Lawyers should not try to avoid court
appointments except for good cause. One good
cause, however, is if the lawyer is so repulsed by
the client or the cause that it is likely to impair
the lawyer's representation.

88a
Avoiding court appointments

88b
Lawyers who know that any person has engaged,
is engaging, or intends to engage in a criminal or
fraudulent act related to an adjudicative
proceeding in which the lawyer represents a
client must take reasonable remedial measures.
A reasonable remedial measure may, but need
not, involve disclosure to the tribunal.

89a
Crime or fraud in an adjudicative proceeding

89b
A lawyer who has formerly represented a client
shall not later use information relating to that
representation to the former client's
disadvantage unless both parties give informed
consent in writing.

90a
Former client and confidentiality in adverse suit

90b
Minimum fee schedules violate antitrust laws and
maximums fee schedules are strictly enforced
with few exception.

91a
Minimum and Maximum Fee Schedules

91b
The Model Code of Judicial Conduct specifically
prohibits judges from vouching for the character
of a person in a legal proceeding, because
doing so abuses the prestige of the judicial
office to advance the interests of that other
person.

92a
Judges and vouching for character in a legal
proceeding

92b
Model Rule 1.8 provides specific rules for a lawyer
entering into a business transaction with a client or
knowingly acquiring a pecuniary interest averse to a
client. It requires that: (1) the agreement must be fair and
reasonable to the client and fully disclosed in writing in a
manner that can be comprehended by the client; (2) the
client must be advised in writing to seek independent
counsel and given a reasonable time to do so; and (3) the
client must give informed consent (signed and in writing)
to the agreement and the lawyer's role in the agreement.
93a
Business transaction with client procedure

93b
Model Rule 1.13 allows the corporation's lawyer
to "report out" if certain conditions are met. If
the lawyer first took the matter up internally to
the highest authority that could act for the
company, the lawyer may report out to protect
her client.

94a
Reporting out and discipline

94b
Model Rule 1.16 requires a lawyer to decline or
withdraw from representation if the client
demands that the lawyer engage in illegal or
unethical behavior, but specifically distinguishes
between demanding and suggesting.

95a
Client demands/suggests illegal or unethical
behavior

95b
Model Rule 4.4(b) places a simple duty on
lawyers who inadvertently receive documents:
the lawyer must notify the sender. The lawyer is
not required to return it, and the lawyer is not
required to refrain from using it. However, the
sender is entitled to know that the document
was inadvertently sent so that the sender can
seek a judicial resolution of any claim of
privilege or waiver.
96a
Receiving documents inadvertently

96b
Model Rule 6.1 encourages lawyers to provide legal
services to those unable to pay. A comment to the Rule
also provides that, if it is not feasible for a lawyer to
perform the service, he should financially support
organizations providing free legal services to poor
people, giving about the same amount as the value of the
services he could not provide. The comment also notes
that it sometimes makes more sense for a firm to provide
the services collectively. Adherence with this standard
may be acceptable regardless of an attorney's motives.
97a
Pro bono services and unethical motives

97b
Model Rule 8.1 requires candidates for bar admission,
as well as attorneys who write letters of
recommendation for candidates, to be candid on all
matters, including matters such as a criminal
proceeding that did not lead to a conviction.
Furthermore, the rule requires attorneys and
applicants to disclose any information necessary to
correct a mistake or misapprehension in the
candidate's Bar application
98a
Recommending an applicant to the bar

98b
Model Rule 8.4 sets forth the kinds of actions that are
deemed to be attorney misconduct and which will
subject the lawyer to discipline. One such type of
conduct is an activity that involves dishonesty,
regardless of whether the activity he was ever
prosecuted as a crime. Attorneys may also be
subject to discipline for committing crimes. The
criminal act must be one that reflects adversely on
the lawyer's honesty, trustworthiness, or fitness as a
lawyer.
99a
Non-legal activities and discipline

99b
The Model Rules allow, but do not require, a lawyer to reveal
information she believes necessary to prevent reasonably
certain death or substantial bodily harm [MR 1.6]. The states
have varying rules on this issue, with some requiring disclosure.
The Model Rules' optional approach is an uneasy compromise
between truth and confidentiality, because the generally
sacrosanct attorney-client privilege may not apply if the
lawyer elects to make a disclosure to protect human life.
Therefore, in this case, the lawyer is permitted, but does not
have to, attempt to prevent the crime that her client is
threatening.
100a
Confidentiality and threat of death or great
bodily injury

100b
The Model Rules ask lawyers to spend 50 hours a year on
pro bono work [MR 6.1]. Although not stated in the actual
Rule, the comments clarify that the work need be
directed specifically at people who qualify for programs
run by the Legal Services Corporation (which helps poor
people) or people whose incomes and financial resources
are slightly above the guidelines but nevertheless cannot
afford counsel. By giving an hour or two a week to
working with legislators, advocates, and other concerned
people to improve the law, a lawyer has not fulfilled this
responsibility.
101a
Pro Bono work and financially disadvantaged

101b
The Model Rules do not allow a lawyer to charge
fees that are contingent upon securing a divorce or
upon the amount of alimony, support, or property
settlement [MR 1.5]. The public policy behind this rule
is that making a lawyer's fee contingent upon the
parties divorcing, or based on the amount of money
to change hands as a result of the divorce, will
encourage the lawyer to interfere with attempts at
reconciliation.
102a
Contingency fees in domestic issues

102b
The Model Rules do not permit lawyers to make
agreements that restrict their right to practice
(except upon retirement), inasmuch as this
covenant not to compete would do. The
agreements are deemed to be too great a
restriction on the lawyer's autonomy and on the
right of future clients to hire the lawyer of their
choosing.
103a
Contracting to restrict the right to practice

103b
The Model Rules forbid a lawyer from
counseling or assisting a client to engage in
criminal or fraudulent behavior. This includes
verbal assistance; however, this prohibition does
not preclude the lawyer from giving an honest
opinion about the actual consequences that
appear likely to result from a client's conduct
[MR 1.2 [cmt. 9]].
104a
Intentional assistance in crime or fraud

104b
The Model Rules forbid a lawyer's participation
in a "pay-to-play" arrangement. If the
contributions were made for the purpose of
securing an appointment by the judge, the
lawyer has committed misconduct. If they did
not have that purpose, then the lawyer is not
subject to discipline.

105a
Monetary contributions to judicial campaigns
and appointments

105b
Model Rules impose a broad duty on
prosecutors to disclose all evidence that tends
to negate the guilt of the defendant, even
slightly.

106a
Exculpatory evidence and prosecutorial duty

106b
The Model Rules of Professional Conduct give
the lawyer the discretion to decide whether to
present evidence, other than the testimony of a
criminal defendant, that the lawyer reasonably
believes is false. The rationale for giving the
lawyer this discretion is to preserve the lawyer's
credibility as an advocate, for the client's
ultimate benefit. The usual rule regarding means
and objectives requires the lawyer to consult
with the client, and it would be appropriate for 107a
Right to decide to present certain evidence and
duty to communicate with client

107b
The Model Rules permit prosecutors to
subpoena evidence from criminal defense
lawyer only if they reasonably believe that the
information is not privileged, that it is essential to
the successful completion of an ongoing
investigation or prosecution, and that there is no
other feasible alternative to obtain the
information.
108a
Subpoena power of defense information

108b
Need help with this one. Whether a lawyer's new
firm is disqualified turns on whether the lawyer
has disqualifying knowledge about the case.
Under the Model Rules, the lawyer is presumed
to have disqualifying information. The new firm
will be disqualified unless the lawyer carries the
burden of proving they knew nothing
disqualifying about the case.
109a
Conflict of interest and former/current
employees

109b
 No contact with opposing party when
represented by counsel unless opposing counsel
knew and consented to the contact

110a
Contact with represented opposing party

110b
Normally, lawyers are required to report serious
misconduct, but there is an exception to the rule for
confidential information otherwise protected by Rule
1.6. One of the comments to that rule adds that a
lawyer should encourage a client to consent to
disclosure of confidential information where doing
so would not substantially prejudice the client's
interests. Nonetheless, without the client's consent, a
lawyer may not report misconduct if the information
about that misconduct is confidential.
111a
Reporting misconduct and confidentiality

111b
Not every lawyer with whom a judge was formerly
associated now appearing before the judge automatically
disqualifies the judge from hearing the case being
handled by that lawyer. That would result in numerous
disqualifications where the link between the judge and
lawyer is not close enough reasonably to call the judge's
impartiality into question. Instead, disqualification is
mandated where this degree of closeness is present:
Where the judge was associated with a lawyer who
"participated substantially" in the present matter before
the judge during their association.
112a
Judicial disqualification and former associations

112b
One lawyer usually cannot represent multiple
criminal defendants in the same case. The
likelihood of a conflict of interest is ordinarily
too great. However, often such defendants do
have common interests, at least until one of
them makes a deal, and a joint defense
agreement enables the defendants to get many
of the benefits of having the same lawyer
without subjecting themselves to conflicts of
interest. For that reason, courts have recognized 113a
Common interest doctrine

113b
Part of the lawyer's duty of communication with
the client is to consult with the client about
limitations on the lawyer's conduct when the
lawyer knows that the client expects assistance
that is not permitted by the rules of professional
conduct. The lawyer must explain that to the
client. That explanation may make further action
by the lawyer unnecessary.
114a
Violations of professional responsibility and
communication to the client

114b
Part of the lawyer's duty of competence is a
duty of adequate preparation. A lawyer violates
this duty if they allow a third-party payor like the
insurance company to limit the preparations.

115a
Duty of competence and third-party limitations

115b
The payor, if not the client, shall not influence or
direct the lawyer's professional judgment and
the client's information is subject to normal
confidentiality precautions; thus, is not to be
shared with the payor.

116a
Duties to client and payor

116b
Prosecutors are not allowed to seek to obtain
from an unrepresented person a waiver of an
important pretrial right. The right to a preliminary
hearing is specifically mentioned in the Rules as
one such right.

117a
Waiver of important pretrial rights

117b
Referral fees are generally unethical. An attorney may ethically
divide fees with an outside attorney only if:

1. the division is in proportion to the services performed by

each lawyer or each lawyer assumes joint responsibility for the
representation;

2. the client agrees to the arrangement, including the share

each lawyer will receive, and the agreement is confirmed in
writing; AND

3. the total fee is reasonable.

118a
Referral Fees

118b
Revealing confidential information in order to obtain
the guidance of another lawyer in assisting the client
is impliedly authorized, especially when the lawyer
protects the identity of the client. However, to reveal
the client's communications with someone outside
the lawyer's firm is to waive the client's attorney-
client privilege, and this is something that the lawyer
must not do without client consent. Therefore, the
lawyer will be subject to discipline.
119a
Lawyer-to-lawyer advice and confidentiality

119b
Revelation of confidential client is permitted if
the lawyer reasonably believes it to be
necessary to defend the lawyer from the
allegations of criminal conduct. The lawyer need
not wait for the indictment to reveal the
information to defend himself.

120a
Confidentiality and allegations of criminal
conduct by the attorney

120b
The rule on conflicts of interest with current
clients forbids a lawyer from using information
"relating to the representation" to the
disadvantage of the client without consent.

121a
Conflict of interest and current clients

121b
The sale of a law practice is permitted; however,
rules protect clients by forbidding a sale that
causes the clients' fees to increase.

122a
Sale of legal practice

122b
Sitting judges occupy a high position of public trust.
Therefore, allowing the judge to remain on the bench
until she is elected causes a risk that she will, even
inadvertently, use her judicial office to promote her
candidacy. This is why the Code of Judicial Conduct
Rule 4.5 requires judges, on becoming candidates
for a non-judicial elective office, to resign from
judicial office unless otherwise permitted by law,
making this answer incorrect.
123a
Judicial disqualification and non-judicial elective
office

123b
A supervisory lawyer is responsible for another
lawyer's violation of the Rules only if the
supervisor: (1) orders the conduct or, with
knowledge of the specific conduct, ratifies the
conduct involved; or (2) knows of the conduct at
a time when the consequences of that conduct
can be avoided/mitigated but fails to take
reasonable action to do so.
124a
Supervisor liable for another lawyer's
misconduct

124b
Targeted contact with a layperson, initiated by a
lawyer, or lawyer's agent, that is designed to
entice the layperson to hire the lawyer.

States may ban in-person solicitation, but they

cannot impose a total ban on media
advertisements or direct mail letters merely
because they target potential clients with a
particular problem.
125a
Solicitation

125b
There are four limited circumstances when lawyers
may split fees with nonlawyers (1) per agreement, a
law firm pays money upon a lawyer's death to
lawyer's estate; (2) when a lawyer purchases the
practice of a deceased lawyer; (3) when nonlawyer
employees are paid salary or through retirement
plans; (4) sharing of court-awarded legal fees with a
nonprofit organization that employed, retained, or
recommended the lawyer.
126a
Split fees with a nonlawyer

126b
There is an exception to the "former client" conflict of
interest rules when a lawyer leaves a firm and takes all of
the client's business with him or her. If that situation
occurs, and no lawyer is left in the firm with confidential
information about the client that is material to a matter,
then the firm is free to undertake new representation
adverse to the former client, even in the same or a
substantially related matter. This conflict issue is not one
that is solved by screening. The only solution is to obtain
the informed consent of the former client in writing.
127a
"Former client" conflict of interest issues

127b
A threat to an opposing party violates Model
Rule 4.4, which forbids conduct that has no
substantial purpose other than to embarrass or
harass third persons (includes opposing party or
opposing counsel).

128a
Embarrassment or harassment of opposing party

128b
The threshold requirement for a legal fee is that it must
be reasonable. Model Rule 1.5 spells out the factors to
be considered in determining the reasonableness of a
fee. This list is not exhaustive, and every factor is not
necessarily relevant in each case. However, it would not
be appropriate for the securities expert to consider the
fee she charged another client for writing a similar letter.
Of course, it is appropriate for her to have a standard
hourly billing rate, but ultimately, she must determine a
reasonable fee for each client and for each service
performed for a particular client.
129a
Factors for reasonable attorney fee

129b
Under the Model Rules, the client decides the
objectives of representation. Specifically, in a
civil case, this involves whether to accept a
settlement offer. In a criminal case, it includes
whether to testify, enter a plea, or waive a jury
trial [MR 1.2].

130a
Objectives of representation

130b
A valid aggregate settlement requires the
attorney to disclose to each client the existence
and nature of the agreement reached with all
the clients. As jointly represented clients who
have given informed consent to the joint
representation, the clients would have consented
to the lawyer sharing the confidential
information of each with the others.
131a
Aggregate settlements and confidentiality

131b
When a client has diminished capacity, is at
substantial risk of harm, and cannot adequately
act in his or her own interest, the Model Rules of
Professional Conduct give the attorney the
option, but not the mandate, to take protective
action for the client.

132a
Lack of capacity and protective action

132b
When a client's capacity is diminished (minority, mental
impairment, etc.), the lawyer SHALL maintain a normal
client-lawyer relationship with the client as far as
reasonably possible.

The lawyer MAY take reasonably necessary protective

action (e.g. consulting with individuals or entities that have
the ability to take action to protect the client or seeking
appointment of a guardian) and may reveal information
about the client, but only to the extent reasonably
necessary to protect the client's interests.
133a
Client with Diminished Capacity

133b
When a person with diminished capacity consults
a lawyer in an emergency, the lawyer may take
legal action even if a lawyer-client relationship
has not been established if the lawyer
reasonably believes the person has no other
representative.

134a
Emergency Legal Assistance to Nonclient with
Diminished Capacity

134b
When ordered to do so by a tribunal, a lawyer must continue
representation notwithstanding good cause for terminating the
representation.

Upon termination of representation, a lawyer MUST take steps to

the extent reasonably practicable to protect a client's interests,
such as giving reasonable notice to the client, allowing time for
employment of other counsel, surrendering papers and property
to which the client is entitled, and refunding any advance payment
of fee or expense that has not been earned or incurred.

The lawyer MAY retain papers relating to the client to the extent
permitted by law. Note: must be authorized by law to be valid.
135a
Termination of the Lawyer-Client Relationship

135b
While the Model Rules require lawyers to be
competent or take action to make themselves
competent, there is an emergency exception for
situations in which referral to another lawyer
would be impractical. In such a case, the lawyer
can give limited assistance in an area with which
she is not familiar, as long as she confines her
advice to that reasonably necessary under the
circumstances.
136a
Duty of competence and emergency

136b