Documente Academic
Documente Profesional
Documente Cultură
6, ACP, COI)
Mandatory DisclosuresYou must disclose or you will face criminal charges/ disbarment
1. False Evidence Offered to a Tribunal Rule 3.3aprohibits a lawyer from offering evidence that the lawyer knows to be false. You need
to take remedial measures. Perjury: disclose, unless lawyer can correct the problem in some other manner. If you know D want tell
truth, just put on stand and let talk.you cannot ask them questions.
2. Criminal or Fraudulent Conduct related to a proceedings before a tribunal (3.3b)if lawyer know any person to engage, is engaging
or has engaged in criminal or fraudulent conduct relating to THAT proceeding, shall take reasonable remedial measures, if necessary to
disclose to the tribunal. COVERS PAST< PRESENT<FUTURE< CRIMES RELATING TO THAT PROCEEDING.
3. When the client is an organization, a clear violation of law may be revealed to prevent substantial injury to that organization
(1.13)REPORT UP, to the highest authority if necessary. Can report wrongdoings to authorities outside the organization if reporting up
did not work. Report up, then out. Might want to consult an ethics expert first.
4. Responsibility in Ex Parte Proceeding (3.3d): When you are required to appear in court to reveal material facts to court.
Exceptions to Attorney Client Privilege: when one of 5 privilege elements does not attach. CL privilege.you have to be in one of these
exceptions.
1. Testamentary Exception: court can compel a lawyer who drafted will to testify to information shedding light on the testators intent.
Testators would want it to make sure intentions are honored. That person is dead.
2. Crime Fraud Exception: when client has used lawyers services to commit fraud. You can do so voluntarily or be ordered
3. Deceased Client Exception: when a client has died and societys need for privileged information out weighs harm to deceased client.
4. Waiver By Disclosure: A client may waive by turning over privileged documents to another party. Whether intentional or not. i.e.
elevator talk need to keep information confidential.
5. Waiver By Failure to Object: client deemed to have waived ACP if lawyer fails to object to a question that calls for privileged
information .
6. Waiver by Attack a Lawyers Work: client who sues for legal malpractices waives right to claim ACP for communications relevant.
7. Advice of Counsel Defensecan waive if client testifies was acting in advice of counsel.
1
Conflict of Interest
A lawyer shall not represent a client if the representation involves a concurrent conflict of interest.
A concurrent conflict of interest exist if : 1) representation of one client will be directly adverse to another client , OR 2) there is a
significant risk that the representation of one or more clients will be materially limited by the lawyers responsibility to another client. ,
3rd party, or lawyers interests.
A lawyer may represent a client (if all of these elements are met):
Lawyer reasonable believes that the lawyer will be able to provide competent and diligent representation to each affected (sub/obj)
Representation is not prohibited by law
Representation does not involve assertion of a claim by one client represented by the lawyer in the same litigation or other
proceeding before a tribunal. (NON-CONSENTABLE)
Each affected client gives informed consent in writing.
o Explain the facts that create the conflictwhat will happen if you have to withdraw and the consequences. Likelihood that
conflicts grow so serious that you have to withdraw.
Representing opposing sides in the same TR. Lawyer may usually not represent both sides
1. OKAY WHEN= parties have already agreed to all the terms and just need the terms drawn up to formalize the agreement
2. BUT= if there are any material disputed terms= NONCONTESTABLE1.7b1. you wont be able to provide competent and
diligent representation to each client.
Opposing a Current Client in Unrelated Litigation: always a conflict and requires consent form the clients on both side. Current client
has absolute veto. Concerned about breach of loyalty to current client, and materially limiting representation for new client. 1.7a1/2
Opposing a Current Client in Unrelated TR: Always a conflict but often consentable. 1.7= who interests are only economically adverse,
does not ordinarily create a COIand may not require consent
Multiple Representation of Allied Parties: Always a conflict but often consentable. 1.7 Comment 18, need to explain to client the risk
and advantagesmust be informed.
1. Pros: Save legal fees, save time scheduling meetings
2. Cons: if it fails, all parties have to get a new lawyer, a lot of time and money, cannot claim ACP
Multiple Representations in TR 1.7,. Yes, representing 2 or more people who have common goal in a TR is permitted under 1.7 as long
as the clients wont suffer too much if the proposed TR falls apart.
Specific Rules
BUSINESS TRANSACTION a) lawyer shall not enter into a business TR with a client or knowingly acquire ownership, possessory,,
security, or any other pecuniary interest adverse to client unless
1. Terms and TR are fair, reasonable to client, fully disclosed, transmitted in writing
2. Client is advised to seek counsel and is given reasonable opportunity to do so
3. Client gives informed consent, in writing signed by the client to the essential terms of the TR and the lawyers role in the TR,
whether the Lawyer is representing the client in the TR.
INFO DISADV Client: b) a lawyer cant use info relating to the representation of a client to the disv of a client, unless client gives informed
consent.
GIFTS: c) lawyer shall not solicit any subst gift from a client or a person related to the lawyer unless the lawyer or recipient is related to
the client. Related= spouse, child, gchild, parent, gparent, or relative/ indv whom the lawyer maintains a close familial relationship.
Literary/Media Rights: d) prior to the end of representing a client, the lawy cannot make or negotiate an agreement giving the lawyer
literary or media rights to portrayal or account based in substantial part on the information relating tot the representation.
Financial Assistance e) : lawyers shall not provide financial assistance to a client in connection with pending or contemplated
litigationEXCEPT THAT
1. Can advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter
2. Lawyer representing an indigent client may pay ct costs and expense of litigation on behalf of the client.
2
Compensation f) A lawyer shall not accept compensation for representing a client from a person other than the client unless
1. client gives informed consent
2. no interference with the lawyers indp profession judgment or client-lawyer relationship,
3. information relating to representation of a client is protected required by 1.6
Aggregate Settlement g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the
claims of or against the clients , unless each client gives informed consent, in a writing signed by the client . Lawyer has to disclosure the
existence and nature of all the claims or pleas involved and participation of each person in the settlement
Proprietary Interest: I) lawyer shall not acquire propriety interest in the COA or SM of the litigation the lawyer is conducting EXCEPT
1. Acquire a lient authorized by law to secure the lawyers fees or expenses AND
2. Contract with the client for reasonable contingent fee in a civil case
Sex j: A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed before atty-client relationship
commenced.