ETHICS RULE OUTLINE

ETHICS RULE OUTLINE

Chapter 1: Regulation of Lawyers
Different ways that lawyers are Ethics rules, courts, state and local bar associations, ABA, ALI, administrative agencies, malpractice insurers
regulated:2:
Chapter Lawyer Liability (Misconduct, Legal Malpractice, Fiduciary Duty)
Rule 8.1: Admission & Bar Disciplinary An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary
Matters
Other relevant information: matter,
This rule shallis the not:only rule that can be imposed on students.
Examples of rule violaton: (a) knowingly
failure to perform make with a falsecompetencestatement (Inofthe material
Matterfact, of Dennis OR, Patrick O'Connel) or improper devision of fee for legal services.
(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail
Rule 1.2: Grounds for Disciplinary to respond
(a)A lawyertoshall a lawful not counsel demandafor client information
to engage,from or assist an admissions a client, inorconduct disciplinary that the authority,
lawyer except knows that this ruleordoes
is criminal not require
fraudulent, but a
Action Ethics Opinion
NYSBA discloseure
lawyer
While may of
Rule 1.2(d) information
discuss forbits aotherwise
legal consequenceslawyer from protected
of
assisting byaRule
any proposed client 1.6.course
in conduct of conduct ONLYwith IF the a client
lawyerand knowsmay the be counsel
conductor is assist
illegalaor client to make
fraudelent.
Comment [10]: a good
A lawyer faith may effort to determine
not continue assistingthe validity, a clientscope in conduct or meaning that theorlawyer application originally of thesupposedlaw. was legally proper but then discoveres is
Exceptions: (b) required
criminal
not all violations reporting
or fraudulent. mustmisconduct
be lawyerto
Thereported judges.
-must,
only therefore,
those raising withdraw a "substaintial from the question" representation of theoflawyer's the client in the matter.
"honesty, truthworthiness, or fitness"
Other relevant information: (c you
If ) thisadvised rule does on not doing requiresomething disclosure and itofseems information to be legit…and otherwisethen protected you learn by Rule about 1.6something new that will now make it illegal,
you have to withdraw from representing them because you cannot counsel or assist them in this behavior. Do you have to report it?
Rule 8.3: Professional Misconduct Professor
(a) A lawyer saidwho maybe. knows that another lawyer has committed a violation of the rules of professional conduct that raises a substantial
Reporting [3]:
Comment question as question
Substantial to that lawyer’s refers tohonesty, the seriousness trustworthiness of the possible or fitness as a lawyer
offense and not in the other amountrespects, shall inform
of evidence of which the appropriate
the lawyerprofessional is aware of.
Exceptions: authority.
Also,
If the appropiate
reporting would require professional discloseauthority of information refers toprotected the bar disciplinary by confidentiality agencyorunless gained somein another approvedagency, such asassistance
lawyers a peer review program,
(b)shouldn't
agency,
it A lawyer is more bewho knows that
appropiate
disclosed. But, forjudgethatattorney
the has committed
circumstance. should encourage a violationthe of client
applicable to consent rules of to judicial
disclosure conductif it can thatberaises done a(of substantial
course if question it
Rule 8.4: Misconduct as
Also,
wouldn't
(g) to the judge's
it isinprofessional
regards
substantially fitness
to honesty, for
prejudce
misconduct office the shall
trustworthiness,
forclient's inform
a lawyer the
ortofitness:
interest) appropiate
engagethe in conduct authority.
rule limits thatthe thereporitng
lawyer knows obligation to offensesshould
or reasonably that a know self-regulating
is harassment or
Examples of rule violaton: (c
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profession this
discrimination rule
a state lawmustdoes not
vigoriously
on isthenot require
basis disclosure
endeavor
of race sexwith
in accordance to of
religion information
prevent.
federal national otherwise
law, example,origin ethnicity protected
legalized disabilityby Rule
marijuana. 1.6
age sexualThe issue orientation
is that states gender have identity marital
been legalizing
status
the useorofsocioeconomic
recreational marijuana status in but conduct the feds related havetonot. the What practice canofyou law.say This to arule client does in notthislimit situation?the ability You can of a advise
lawyerthem. to accept Maybe or
Rule 5.1: Responsibilities of Partners, decline
say representation
something like they of certain
should people
apply to (in
become accordance a registered
(a) Partners: A partner in a law firm, and a lawyer who individually or together with other lawyers possess comparable managerial with rule
marijuana1.16). selling organization as well as assist them in understanding
Managers, and information:
Other relevant Supervisory Lawyers and
authority complying in a law with firm,employment,
shall make tax and
reasonable other requirements
efforts
In regards to 5.1(a) - this could mean that the partner has a good scheduling system so that lawyers don't miss any deadlines, also to ensure of law
that the firm has in effect measures giving reasonable assurance that
Comment [2]: Also
all
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create advise
firm consistent
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firm toconform
check-ins, how selling
etc.
measures", to
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mean violate
of Professional
any lawyer theisfederal
policies Conduct,
responsible narcotics
or procedures for that law.are designed
another lawyer's behavior to detect if and they themselves
resolve conflicts orderedof the
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unethical
interest,
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explained
(2)
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plaintiff
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establish and,
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Definition of Fiduciary Duty: responsible
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lawyer’s
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causedBUT obligation.
harm
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lawyer’s that if they
interests,
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a favorable judgment or settlement in the case OR
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means they have him" to pay money,
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Rule 1.6: Confidentiality of Information diligence
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shall not exercised
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Comment [2] A lawyer's work load must be controlled so that each matter can be handled competently.

Rule 1.4 Communication **Note

(a) a lawyer that public shall: defenders have some sway with this rule given that they have such a high case load.
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Rule 1.7 - Conflict of Interest: Current Directlytoadverse
parties a negotiation conflicts if theircan also positions arise in aretransactional
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commons is asked to representisthe
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Rule 1.13 - Organization
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not
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CriminalRule
Federal Cases:
of Criminal Procedure 44 - (ii) the
(3)
THEN,
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Rule 1.7
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the ordinarily a lawyer should and
Cases: Rule 1.7 Conflict of Interest - -thatdefend
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employee, or other constituent associated with the organization against a lclaim arising out
Current Clients:
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Interest
Rule 1.8- Conflict
Current Clients
of Interest, Current UNLESS
(e)
(f) aa lawyerlawyer theshall
who lawyer not reasonably
reasonablyaccept compensation believes, believes that forisrepresenting
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Clients, Specific Rules: the the
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taken pursuant by thetocircusmtances,
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Cuyler v. Sullivan:
Chapter 8: on behalf
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client-lawyer relationship, and
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Rule 1.9 Duties to Former Clients: (3)
(a) information
former client of lawyer: to representation
a lawyer who of
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as required client the in organization's
bya Rulematter, 1.6shall highest authority
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Rule 1.9
When does a client become a former against
interest
Is
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Rule 1.10 Imputation of Conflicts of Wheat
(g)aimputation
client
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gives representing
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move tomight
on note
the
to the also
nextapply
whether
essential in
terms
client the event
of the of disciplinary
transaction andactionthe lawyer'sor role
Lawyer as Custodian of Client Property **Note:
(6)
malpractice
in
(2)
(a) the the
apurchase screening
nature
transaction,
lawyer suit,andthe
price
shall is lawyers
the never
lenght
including
to
hold deceased
property available
of
agree
whether professional
lawyer's
of clientstowhenshare
the orthe
lawyer
estate, thirdconflict
relationship
responsibility
whenispersons
representingis with
purchasing between
as
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in two
client
awere
client clients.
practice
lawyer's law
in the ofpartners.
atransaction
deceased
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lawyer
connection can'twith just arefer a case, sit back,
representation
and Documents: **Note
(7)
The
and
separate
(3) the
split
non-law that
experience,
agreement the
from the
fee. the
employmentduty
mustThe of
reputation,
clearly
lawyer
lawyer's confidentiality
ownnotify
who
compensation and ability
the client
wants
property. does
toof
plan not
the
of any
share
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lawyer
the
shall when
fee beor
expenses has alawyers
kept representation
tofor keep
in performing
awhich an eye
separate theends, client
on theitwill
the
account. continues
services,
case be liable
because indefinitely.
whether
he or sheorisnot liable theifclientsomething is the goes
Rule 1.15with
Conflicts - Safekeeping Property and
Lawyer's Personal (b) acourt-awarded
(8)
prevailing
wrong.
(d)
(4)
(c)
(b) when
whether
prior
lawyer toaparty.
lawyer
the
the
shall
may feeUpon
conclusionhas
legal
not
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fixed
conclusion
feestheofor with
any contingent
representation
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nonprofit
subtantial aown contingent of afrom
organization
gift
funds with
infee
client, amatter,
aaclient afirm,
lawyer
that
client, the
the shall
employed,
including
trust firm
lawyer
account is
notaNOT shall
make
retained
testamentary
for the PROHIBITED
provide
oror the
gift,client
negotiate
sole recommened
purpose oran from with representing
agreement
prepare
of aon
employment
paying writtengiving
behalf
bank of aofthe
serviceperson
statement
the lawyer
lawyer
a client with
stating
charges onthe
anliterary
Business
Rule Interests
1.8(j) Sexual Relationships with interests
(example,
outcome
or media
instrument
(j)
that a lawyer account, materially
of ifgiving
rights there
the
shall but matter
tonot is
athe
only adverse
ahave
client
and,
portrayal
lawyer
in ansexual iftothat
or
or
ammount those
there aaccount isofa necessary
isrelationships
person arecovery,
collecting client
based
related represented
life
into
with insurance
showing
substantial
for theathat lawyer
client by
the the on
benefits
remittance
part
any
unless
purpose. formerly
a under
information
substantial
consensual toaassicated
$15,000
the client
gift relating
unless
sexual lawyer:
policy
and to
the and
thethe
relationship method
lawyer the existed
attorney
ofother
representation
or is(Note
charging
its determination.
recipient
between of them
that
them this
the when $1/3
does
gift is of
the
Rule 1.8(c)
Clients (1)
(c) athe
that,
not
related
client-lawyer somatter
mean
lawyer $5,000,
to that
theshall is
client.the
that
a lawyer
relationship
depositsame
would the or
Forrepresenting
intobe SUBSTANTIALLY
aunreaosnable
purposes
started. client (this a ofclient
also
trust given
in
thisaccount
paragraph,
includes RELATED
that
a transaction that
legal thererelated
afees isto
lawyer little
concerning
and that
persons from in which
time
expenses and
aliterary
includefirm the
labor
that shouldformerly
required
aproperty
spouse,
have not
been fromassociated
for
child,
have paid this
grandchild,
sexual lawyer
in matter,
agreeing thatand
relations
advance, therepresented
parent, the
be amount
lawyer's
towith the
fee
grandparent,
a constituent
withdrawn client,
ofshall
time
byorthe
of
Chapter 10: AND
involved
EXCEPTIONS
consist
other
the
Conflicts
lawyer same ofin
relative,
only a such
firm share
asor
between TO
fees mattersSETTING
n Lawyers
oenership
individual
organization
are is very
earned with andin
who orlittle,
CONTINGENT
the
whom and
property)
supervises,
Clients
expenses thealso, lawyer there
FEES
directs,
incurred. or is theornoregularly
risk of
client non-recovery
maintains consults withaka
a close, not
familial
that lawyer getting your money
relationship
concenring the or getting paidlegal
organization's because
Former Government Lawyers in Current 2)
(d)any
clearly
(d)
**Note
matters.
(a) a lawyer
except
upon lawyer
there
that asthe
receiving is
shall
lawremianing
already
rule NOT
may prohobits
funds in
or the
aenter
large
otherwise otherinto firm
sum
SOLICITINGan
expressly has
that
property information
will
arragement inbe
permit, given
awhich for,
substantial aprotected
toclient
charge,
a lawyer your gift, or
who
or by
clientcollect:
itthird Rules
does
has soformerly
they
NOT
person 1.6will and
prohibit
has 1.9(c)
be
anable
served asthatto
receiving
interest, isamaterial
pay).
a public a gift.
lawyerofficer toortheemployee
shall matter. notify
promptly of the the client
PrivateisPractice
What personal and substantial (1) participate
Financial
government:
-to any feeAssistance in a"personally"
domestic relations
to a Client: means matter directly, whichincludes involve the payment or amount of which iswhen contingent upon the securing of a divorce
or third person AND shall promptly deliver and to the client or third participation
person any of funds
a subordinateor other property actually thatdirected
the client byorthe former
third person is
Rule 1.11
harmSpecial
participation?
What Conflicts
is 1.11(a) meant of
to Interests
prevent? (b)upon
or
(e)
(1) A
government
Diminish thelawyer
is scope
the amount
subject of
SHALL
to the
riskRule
employee ofrepresentation
of NOT alimony
in theprovide
1.9(c) and,matter. or and
support, basis
financial oror rate of the
property
assistance to fee
settlement
a clientandbyin expenses
lieu
connection for which
thereof, or pending
with the clientorwill be responsible:
contemplated litigation, except that:
entitled tothe receive. subsequent misuse of information obtained the government.
for Former
Current and Current
Government Government
Lawyers in Former shallexcept
(1)
(2)
-Substantially
Remove
(d) be communicated
contingent
a lawyer
shall not asmay
incentive otherwise
lawmeansfeemay tofor
advance that
gain to
otherwisethe
representinig
representcourt
the
later client, costs
employee's aexpressly
advantagesclientpreferably
aanddefendant
in expenses
connection
involvement
through
permit, inin writing,
alawyer
in
amethods criminal
litigation,
with currently
must be case
aofmatter
of the
gatheriing repayment
inserving
significance which toofathe
the
information
as which
lawyer
publicmatter,
that may orbe
participated
are
officer form contingent
available
or a personally
basis
employee: onlyfor on tothe and
athe outcome
substantially
reasonable
government, of thesuch as
(e)
before when or the
within course of the representation
a reasonable time a lawyer isrepresentation, in possession in which two or more persons (one of whom may be the
OfficersPractice
Private and Employees amatter,
aspublic
appearance
(1) grand-jury and
is subject officer ofto suchor employee,
investigation.
Rules 1.7 andunless
significance. Rule It after the commencing
requires
1.9, appropiate
and more than government
official responsibility, agency gives nowledge, its informed consent, confirmed
perfunctory, involvement, in writing to the
or involvement on
lawyer)
except claim
when interestsm
the lawyer the
will property
charge shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly
Rule 1.11 Special Conflicts of Interest a lawyer
representation
an administrative
Remove
(2) shall incentive
not: representing ortoperipheral
begin anproceedings
indigent issue,a client regularly
but asthe amay singlerepresented
governmentpayact court ofagent client
costs
approving withoron the
expenses
aor same
participation
view basis
toofobtaining
litigation or
inrate.
aaon behalf
critical
subsequent step of may
the client
advantagebe sunstantial.
in private practice.
for Former and Current Government distribute
Any
**Note
(i) changes
participate all
that Rule portions
in
in the a1.9(c)
matter of
basisstates the
or which
in property
rate that of the athe as
lawyer
lawyer to
fee ormay which
expenses
participatedthe
not useshall interests also be
orpersonally
reveal are not in
communicated
informaiton dispute.
and substantially relating to the to
while client.
the representation
in private practice of aor client
nongovernmental
Officers and Employees **Note
employment, lawyers
that the
unless cangovernmetn
former
the pay for thegovernmetn
appropiate court costs
lawyer and litigation
is prohibited
agency fromexpenses,
gives including
representation
its informed ONLY
consent,theIFexpenses inofwriting
the lawyer
confirmed medical examination
"participated andand
personally the costs
of obtaining
(ii) negotiateand
substantially" presenting
in the
for matter
private evidence,
while
employment because
working
with for these
anythe advances
government.
person are virtually
who is involved as a indistinguidable fromfor
party or as a lawyer contingent
a party infees and help
a manner ensurethe
in which 2
access to
**Matter
lawyer is the courts
means: Accoridng
participating to Rule
personally and1.11(e) (1) any judicial
substantially, or other
except that proceeding,
a lawyer applicatin,
serving as request
a law clerk for a ruling
to a judge, other or other
adjudicative officer
determination,
or arbitrator maycontract, claim,
negotiate controversy,
for private investigation,
employment charge,byaccusation,
as permitted arrest
rule 1.12(b) and or otherto
usbject particular matter
conditions involving
stated a specific
in Rule 1.12(b)
Conflicts Involving Judges, Arbitrators, See the Model Code of Judicial Conduct
and Mediators
Rule 2.9 Ex Parte Communications (a) a judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge
Rule 2.11 Disqualification Note
outside
(a) that
a judge theitshall
is professional
presence of the misconduct
disqualify parties
themselves or theirforany
in a lawyer
lawyers,
proceedingto knowingly
concerningin which assist
a pending a judge
the judge's or judicial
or impending
impartiality officer
matter,
might in reasonably
except
be conduct that
as follows beisquestioned,
a violation of
applicable
(1)
including rules
when circumstances
but not limitedrequire it, ex partecircumstances:
to the following communucation for scheduling, administrative, or emergency purposes, which does not
Chapter 11: address
-the
Lawyers judge substantive
has a personal
Duties matters,
to Courts biasisor permitted,
prejudiceprovided:
concerning a party or party's lawyer or personal knowledge of facts that are in dispute in
General duties of truthfulness and (i) the
the
No judge reasonably
proceeding,
frivolous believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte
claims or arguments,
fairness
Meritorious communication,
-close
and Frivolous Claims and aNo false
lawyer personal
statements
shall not and
relationship
to tribunals,
bring or defend a proceeding, or assert, or controvert an issue therein, unless there is a basis is law and fact for
Defenses (ii) the
-economic
No
doing falsesojudge makes
interest
evidence
that provisionwhich
is not frivolous, promptly to notify
includes a good all other parties of for
faith argument the ansubstance
extension, of the ex parte communication,
modification, and gives
or reversal of existing lawthe
Rule 3.1
Truth and- Falsity
Meritorious Claims and
in Litigation parties
(a) A lawyeran opportunity
-contributions to judge's
shall to campaign
respond.
not knowingly:
Contentions
Rule 3.3 Candor
Comment [4] Toward the Tribunal -public
(1)
Legal
**Notemake statement
a false
argument
that by judge
statement
based
the filing ofonanaof fact or
knowingly
action or law to arepresentation
false
defense tribunal
or similar oraction
failoftolaw
correct
taken fora afalse
constitutes statement
dishonesty
client oftoward
is not frivilousmaterial thefact or lawApreviosly
tribunal.
merely because lawyer
the facts is made
have to the
not required
not
Comment [6] -previously
tribunal
to
If
first beenby
amake
lawyer involvement
the
a fully
knows lawyer,
disinterested that the
substantiated byclient
judge
exposition of thetolaw,
itnents
or because the but must
testify
lawyer false recognize
or
expects wants thelawyer
the
to develop existence of pertinent
vitaltoevidence
introduce false
only legal authorities.
byevidence,
discovery. theWhat
lawyer should seek
is required of to
Comment [8] (2)
Note fail
persuade
lawyers, thattohowver,
disclose
the
this client isto
probition thethe
that
that tribunal
of
they evidence
offeirng
informlegal
false authority
should not be
evidence
themselves in the controlling
offered.
only
about applies
the facts if of
thejurisdiction
lawyers
their konwn
knows
clients casesthe to
and thethe
the lawyer
evidence toisbefalse.
applicable directly
law and adverse
determine to the
that
Narrative Testimony position
-if
Some
they thecan of the client
persuasion
jurisdictions
make good and not
isallow
ineffective
faith disclosed
narrative
arguments inby
andtestimony
the opposing
lawyer
support tocontinues
be
of saidcounse,
their to represent
regardless
clients thelawyer
if the
positions... client, knows
the lawyer that must
somerefuse
of it ortoalloffer
of itthe false evidence.
is false, in this
Remedial Measures (3)the
-if offer
only
situation,
If aevidence
portion ofthat
trie to dissuade
defendant presented thethelawyer
a witness's
falseclient knows
testimony towill
from testifying
evidence, thebeattorney
false.
be false,----if
false, the
mustonalawyer
lawyer, amay
the witness
make lawyer's
call
stand,
disclosure client,
the ask orcourt
towitness
the
the a to
witness
testify
dfendant called
to
as it is but
tellmayby the
their
reaosnably not lawyer,
elicit
story has
andordont
necessary tooffered
otherwise
interrupt
remedy the
material
permitdont
them,
situation, theevidence
witness
direct examineand the
so lawyer
to present them, comes
the just
testimony
thelet to know
them that tothe
talk ifthemselves
its failsity,
lawyer knows the is
and lawyer
then doshall
false take to
not refer reaosnable
the remedial
bydefendant's
1.6 trial measures
testimony including,
in closinig if
Also such even actionif isdoing requires
not frivolous even lawyer
though the reveal
lawyerinformation
believes that otherwise
the client'spritected
position rule
ultimately will not prevail. The action is
Concealing Evidence necessary,
argument. disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal
frivilous, however, if the lawyer is unable to either make a good faith argument on the merits of the action taken or to support the
matter,
A lawyer thatshallthe not:
lawyer reasonably believes is false.
action if
(AKA taken
yourby a good
client faith
is the argument
defendant for
in access an extension,
a criminal matter modification
and insists ofor reveral ofeven
testifying, existing law.
if conceal
you reaosnably believe (but do not know)
(a) unlawfully obstruct another party's to evidence or unlawfully alter, destroy, or a document ot other material having
the testimony
potential is false,value.
evidentiary you have to let your client testify. This rule also applies in prelimiary proceedings, like a deposition
A lawyer
A lawyer for shall thenot defendant
counsel or in assist
a criminal
another proceeding,
person toor dotheanyrespondant
such act, in a proceeding that could result in incarceration, may
nevertheless
(b) a lawyer
falsify so defend
who
evidence, represents the proceeding
counsel, aorclient
assist inaan as to require
adjudicative
witness that
to testify every element
proceeding
falsely, orand who
offer of the
anknows case
inducement beaestablished.
that person
to intents
a witness to isengage,
that prohibitedis engaging
by law or has
engagedthat
**Note in criminal
it is NOT orimproper
fraudulent toconduct related to
pay a witness's the proceeding
expenses shall take an
or to compensate reasonable
expert witnessremedial measures,
on terms including,
permitted by law.if necessary,
The
The lawyer's
disclose
common tolawtheobligationsis mostunder
tribunal.
rule this rule
juridictions are subordinate
is that it is impropertotofederal pay anoroccurence
state constitutional
witness anylaw feethat entitles a and
for testifying defendant
that it isinimproper
a criminalto
matter
pay to the witness
an expert assistance of counselfee
a contingent in presenting a claim or contention tha totherwise would be prohibited by this rule
(c) the duties stated in paragraphs a and b continue to the conclusion of the proceeding, and apply even if complaince requires
disclosure
(c) knowingly of the information
disobey otherwise
an obligation underprotected
the rules byof Rule 1.6
a tribunal except for an open refusal based on an assertion that no valid
obligation exists;
(d) in pretrial prodceudre, make a frivolous discovery request or fail to make reaosnably diligent effort to comply with a legally
proper discovery requet by an opposing party
(e) in trial, allude to any matter that the lawyer does not reaosnably believe is relevant or that will not be supported by admissable
evience OR assert personal knowledge of facts in an issue except when testifying as a witness, OR state a personal opoiion as to the
justness of a cause, the credibilty of a witness, the culpability of a civil litigant, or the guilt or innocence of an accused.
(f) request a person other than a client to refrain from voluntarily giving relevant ifnormation to another party unless:
(1) the person is a relative or an employee or other gent of a client AND
Rule 3.4 Fairness to Opposing Party and (2) the lawyer reasonably believes that the person's itnerests will not be adversely affected by refraining from giving such
Counsel information

Rule 3.6 Trial Publicity (a) a lawyer who is participating or has participated in the investigation or litigation of a matter shall not:
Comment [7] (1) make a extrajudicial
extrajudicial statements might statement that theraise
otherwise lawyer knows under
a question or reaonsably
this rule,should MAY know will be disseminated
BE PERMISSBLE, when they by means
are made of public
in reasponse
communication
to statements made AND publicly by another party, another party's lawyer, or third persons, where a reasonably lawyer would believe a
Rule 3.7 Lawyer as Witness (2) awill
public
(a) haveshall
response
lawyer a substantial
isnot act aslikelihood
REQUIRED in order
an advocate of materially
to
at avoid inprejudicing
a trial prejudice
which the to the an lawyer's
lawyeradjudicative client.
is likely proceeding
to If
bethe in thedoes
attorney
a necessary matter
witness respond,
unless:the response must be
limited
(1) to contain relates
the testimony only such to annformation
uncontested as issue;
is necessary to mitigate undue prejudice create by the statements made by others.
Rule 3.5 Impartiality and Decorum of (b)lawyer
(2)
A notwithstanding
the testimony
shall not:relates paragraphto the a, a lawyer
nature and valuemay sstate:
of legal services rendered in the case, OR
the Tribunal (1) seek
(3)
(a) the claim,
disqualification offense,
to influence or
ofa the defense
judge,lawyerjuror, involved,
would work
prospective andsubstantial
exceptorwhen
juror prohibited
hardship
other official on bytheby law, prohibited
client
means the identityby oflaw
the persons involved,
Chapter 12: (2) communicate
**This
(b)
Lawyers the information
rule does to
Duties excontained
not prohibit
parte
Adversaries withainsuch aand
lawyerpublic from
a Third
person record
testifying
during the
Persons inproceeding
a trial, its meant unlesstoauthorized
prohibit a to lawyer
do sofrom by law representing
or court order a client as advocate
Truthfulness (3)trial
at
(c) thatifanthe
communicate invstigation
lawyer with ofjuror
is aliekly a matter
toorbe aisnecessary
in progress,
prospective witness.
juror after discharge of the jury if:
Rule 4.1 Truthfulness in Statements to In(4)the
(1) scheduling
thecourse
communication or result
of representing ofaany
is prohibited client,stepby a in
law litigation
lawyer or court
shall not order knowingly:
Others: [1]
Comment (5)lawyer
(b)
(2)
a(a) arequest
the
make lawyer
juror forhasassistance
may
a false
is required acttoasknown
made
statement beanin of obtaining
advocate
to the
material
truthful whenin evidence
a dealing
lawyer
fact trial in
ora law and
desireto information
which
with anot another a necessary
on lawyer
to communicate,
third
others person client's OR inlawyer's
is behalf,
the thatbut generally
firm is likely has no to affirmative
be called asduty a witnes unlessan
to inform
(6) fail
precluded
(3)
(b)
opposing a warning
the fromofof
communication
to party
disclose danger
doing a material
relevant concenring
soinvolves
nyfacts.
Rule A1.7 the
aand behavior
factmisrepresentation, 1.9
tomisrepresentation
third personofwhen a can
person
coercion, involved,
occurduress
disclosure if the when
isorlawyer there
harrassment,
necessary to is
avoid
incorporates reason ortoffirms
assisting belive that there
a acriminal
statement or exists the likelihood
fraudulent
of another act by athat
person
Rule 4.2 Communication with Person of reprsenting
In substantial
client,
the unless
lawyer knowsharm istofalse.
disclosure
a client, the
a is an individual
prohibited
Misrepresentations
lawyer shall not byorRule to thecanpublic
1.6
communicate also ocur interest,
about bythe AND
partially
subjecttrue of thebutrepresentation
misleading statements with a person or omissions
the lawyer thatkows
are the
tobe
Represented
Comment [3]by Counsel (7)inrule
(d)engage
**Note
equivalent
represented
The a criminal
that in
ofby
applies case,
ifconduct
you
affirmative
another
even putin addition
intended
together
thoughalse the
lawyer to
Ruletohe1-6,:
disrupt
statements
int 4.1(b)
matter,
represented the lawyer
a tribunal
and Rulethe
unless
person can state- if
1.6(b)
lawyer
initiatives the the
has
or (i) theconsent
client
the
consents identity,
has ofresidence,
to commited
the the other occupation
a financial
communication. lawyer Acrime
or is and
lawyer infamily status
furtherance
authorized to do of
must immediately ofwhich
so thelawthe
by or
Comment [4] accused,
aclient
court
terminate
This used
rule (ii)
order. theif not
the
communicaiton
does accused
lawyer's
prohibit has not
services,
with and
a person
communication beentheapprehended
only
if, after
with waycommendinginformation
thelawyer
a reprsented can necesary
avoid
communication,
person, to aid
or particiapting
an employee theinlawyer
apprehenion
in
or itagent
is byofthe
learns oflawyer
that
such that
the person, is(iii)
disclosing,
person
a person, onethe
then
concerning fact,
with the tiem,
lawyer
whom
matters
and place
MUST
communication
outside theofrepresentation
disclose arrest,is not (iv)permitted
the identity by thisof investigating
rule. and arresting officers or agencies and the lenght of the inestigation
Rule 4.3 Dealing with Unrepresented In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is
Person disinterested. When the lawyer knows or reasonably shold know that the unrepresented person misunderstands the lawyer's role in
Rule 4.4 Respect for Rights of 3rd the in
(a) matter, the lawyer
representing shall amake
a client, lawyer reasonable
shall notefforts usemeans to correct
that have the no misunrderstanding.
substantial puroseThe other lawyer
thanshall not give delay,
to embarass, legal advice
or burden to anthe
Persons unrepresnted
3rd person, orperson, use methods other than the advice
of obtaining to secure
evidence thatcounsel,
ciolate if thethe lawyer
rights knows
of such or reaosably should know that the interest of such a
person.
Rule 3.8 Special Responsibilities of a person
(b)
(a) a lawyer
refran arefromorwhohave a reaosnable
receives
prosecuting possbility
a adocument
charge or the
that of prosecutor
being in conflict
electronically stored
kows is owith
information the interests
not supported by of
relating tothetheclient.
probable representation
cause of the lawyer's client and
Prosecutor knows
(b) make or reasonable
reasonably efforts shouldto knowassure thatthatthethe document
accusedor has electronically
been advisedstored of theinformation
right to, andwas the inadvertently
prodecure forsent shall promptly
obaining, counsel and notify
Rule 7.1 Communications Concerning a A **Note
the
has lawyer beenthat
sender. given
shallwhen
(often an
used
reasonable
not make attornes
fora false speak
misdirected
opportunity with
or misleading to this
faxes,obtain unrepresnted
emails,
counsel,
communicationor other person,
aboutthey
documents the have to or
mistakenly
lawyer identify
thesent the
to lawyer's
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services. client, and where
counsel). Also, necessary
A communication if a lawyer
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Lawyer's
Rule Services
7.2 Communications explain
knows
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communicate sent
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by mistake,
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information regarding aofwaiver
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fact arelaw,
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of
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required
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pretrial the sender
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take as a
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Lawyer's
Rule Services - Advertising
7.3 Solicitation of Clients protective
(d)
whole
(b)
(a) amake
lawyer
soliciation measures
nottimely ordisclosure
materially
shall notmisleading.
solicit compensate,to the defense
denotes: give orof all evidence
promise anything or information
of value to aknown persontofor therecommending
prosecutor thatthe tends to negate
lawyer's the guilt
services except of that
the
**This
aaccused
-alawyer rule
communication or
may: also does
mitigates notoffense
the
initiated prohibit
by orAND ona lawyer from
in connection
behalf of negotiating
a lawyer with lawthe
or sentencing,
firmtermsdisclose
of a transaction
to the defende or settling and atodispute
the tribunal with an all unrepresnted
unprivilged and
person.
mitigating
(1)
-that pay So nformation
the
is directedlong
reasonableas athe
to lawyer
known
cost ofperson
specific has
to theexplained
prosecutor,
advertisements
the lawyer that the lawyer
except
orknows when
communications
or represnts
the prosecutor
reasonably an adverse
permitted
should by
know party
is relieved
this Rule;
needs and
oflegalis not
this reprsenting
responsibility
services theaperson,
by
in a particular protpectivethe lawyer
matter order of
and
may:
the
(2)
-that tribunal
pay (this
the usual
offers to occurs
charges
provide, ifoftheaservices
legal disclosure
legal service of plan
for that the defense
or a notresults
matter for profitin substantial
or qualifiedharm lawyer to an individual
referral service or to the public interest)
inform
(e)
(3) not the
for person
paysubpeon a lawapractice of the clients
lawyer in terms
in aaccordance
grand jury withor other Rulecriminal
1.7 proceeding to present evidence about a past or present client unless the
prepare
prosecutor
(4)
(b) arefer documents
lawyer reaosnably
clientsshall tonot that
another require
believes:
solicit lawyer theorperson's
professional a nonlawyer signature
employment and,
professional prusuant
bu live person to to an agreement
person contat when not aotherwise
significant prohibited
motive for under these rules
the lawyer's dong
explain
(1)
that
so isthe the
provides lawyer's
theinformation
lawyer's for the own
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other
law view
is not
person
firm's of the meaning
protected
to refer
pecuniary from
clients
gain, of thecustomers
document
disclosure
or
unless toofthe
by any
the contact isthe lawyer's
appicable
lawyer
with a: if: view of the underluing legal obligatons
privilege
(2)lawyer
(i)
-a the thereciprocal
evidence sougt referral is essential
agreement toisthe notsuccessful
exlusive AND completion (ii) theofclient
a ongoing investigation
is informed or prosecution,
of the existence and nature and of the agrement, AND
(3) give
(5)
-person therewho is nohas
nominal other agiftsfeasible
as anclose
family, alternative
expression
personal, toor
of obtain
priorthe
appreciation information
business that orareprofessional
neither intended nor reasnably
relationship with theexpected
lawyer or to law
be afirm,
form or of compesation
(f) except
for
-person forroutinely
recommending
who statements a lawyer's
usesthatforare
sericesnecesary
business to inform
purposes thethe type public of the
of legal natureoffered
services and extent by the of lawyer
the prosecutor's action and that serve a
legitimate
(c) a lawyer law enforcement
shall not solicit purpose,professional refrain from making
employment een extrajudicial
when not otherwise comments tht haveby
prohibited a substantial
paragraph b, likelihood
if: of heightening
public
(c)
(1) athe condemnation
lawyer
targetshall of the of theoraccused
notsolicitation
state imply
has made AND
that excercise
aknown
lawyer to reasonable
is the lawyerasaacare
certified to not
specialist
desire prevent a investigators,
in be
to particular
solicited by field law
the enforcement
oflawyer,
law, unless: OR personnel, employees
or other
(1)
(2) persons
lawyer
the solicitation hasassisting
been
involves orcoercion,
certifiedassociated with the
as a specialist
duress or byprosecutor
an organization
harassment in a criminalthat has case
been from makingby
approved anan extrajudicial
appropiate authority statementof that
thethestate or
prosecutor
DC or that has would been beaccredited
prohibitedby from themkaing
ABA AND under Rule 3.6 or this rule.
(g) the
(2) when name a prosecutor
of the cetifuing knows organization
of new, credible or material
is clearly identified evidence
in thecreating a reaosnable likelihood that a convicted defendant did
communications
not commit an offense of which the defense was conficted, the prosecutor shall:
(1) any
(d) promptly disclose that
communication made evidence
under to this anRuleappripiate court orthe
must include authority,
name and andcontact information of at least one lawyer or law firm
(2) if the conviction
responsible for its content was obtained in the prosecutor's jurisdiction,
(i) promptly disclose that evidence to the dfendant unless a court authortizes delay AND
(ii) undertake further investigation or make reasonable efforts to cause an investigation, to determine whether the defendant was
convicted of an offense that the defendant did not commit
(h) when a prosecutor knows of clear and convincing evidence establishing that a defenant in the prosecutor's jurisdiction was
conficted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.