Rules of Professional Responsibility by kmaghakhani

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									                                        CLIENT LAWYER RELATIONSHIP
      1.1 Competence
          o Competence requires a lawyer to provide competent representation to a client
          o Competent representation is defined as the legal knowledge, skill, thoroughness and preparation
             reasonably necessary for representation

      1.2 Scope of Representation
          o Clients objectives
                  You must abide by a client’s objectives whenever possible and consult with a client as to how
                     to achieve those objectives
                          In a criminal case you must abide by clients decision whether to enter a plea, waive
                              jury trial, and whether to testify
                          Must abide by clients decision whether to settle
          o Endorsing clients views
                  By representing the client it does not mean that you are endorsing his views, belief or
          o Limiting scope of representation
                  You may limit the scope of the representation if to do so is a) reasonable under the
                     circumstances and b) the client has given informed consent
          o Counseling client in criminal activity
                  You must not counsel a client to engage, or assist client in conduct that you know is criminal
                     or fraudulent

      1.3 Diligence
          o Diligence requires that a lawyer act with reasonable diligence and promptness in representing a

      1.4 Communication
          o You must promptly obtain any required informed consents
          o You must reasonably consult with the client about the client’s objectives and how to fulfill them
          o You must keep the client reasonably informed about the status of clients matter
          o You must explain a matter to the extent reasonably necessary for the client to make informed
              decisions regarding the representation
          o You must promptly consult with the client regarding any limitation on your conduct when the client
              expects assistance not permitted by the rules
          o You must promptly comply with reasonable requests for information
      1.5 Fees
          o Reasonableness
                   A lawyer must agree to charge or collect an unreasonable fee or expenses
                   Relevant factors in determining reasonableness:
                           Time & labor required
                           Novelty & Complexity
                           Customary charge in area for the kind of work
                           Skill, experience & reputation
                           Loss of opportunity of other employment
                           AIC
                           Whether fee is fixed or contingent
          o Scope Of representation

Copyright 2011. All rights reserved.
                    The scope of representation & basis or rate of fee must be communicated to the client,
                     before or within a reasonable time of commencing the representation EXCEPT if charging
                     regularly represented clients on the same basis or rate
          o Contingent fees
                   In order for a contingent fee to be ethical it must be in writing, signed by the client, state
                     the method of determining the fee, notify client of any expenses he’ll be liable for AND
                     upon conclusion of case must give client statement of the outcome of matter and method or
                     determining recovery
          o No contingent fees for
                   A lawyer must not charge a contingent fee for divorce cases before judgment (alimony or
                     property settlement AND NOT for criminal cases
          o Dividing fees
                   Lawyer not in the same firm may divide fess only if
                           Division is in proportion to the services performed by each OR each assumed joint
                             responsibility for the representation
                           Client agrees to the arrangement and its in writing
                           Total fee is reasonable
      1.6 Confidentiality
          o (a) You must not reveal information related to the representation of a client unless
                   The client gives informed consent
                           Is written consent and full disclosure: communication & explanation of material risks
                             & potential adverse consequences of disclosing confidential info
                   The disclosure is impliedly authorized or
                           this is needed to carry out the representation
                   The disclosure is permitted by (b)
          o (b) A lawyer may reveal information relating to the representation of a client to the extent
              reasonably believed necessary to
                   prevent reasonably certain death or substantial bodily harm
                           reasonably certain: present & substantial threat that person will suffer harm if you
                             don’t act to eliminate it
                   prevent client from committing a fraud/crime that is reasonably certain to result in
                     substantial financial injury of another & where the client has used/is using your services to
                     commit [ reveal to prevent crime ]
                           client can prevent disclosure by refraining from conduct
                   Prevent, mitigate or rectify post fraud crime, any substantial injury to the financial
                     interest of another that is reasonably certain to occur/has from your clients bad acts
                     which he used your services to commit [ didn’t learn of fraud until after he committed]
                           Here he can’t refrain from the conduct to prevent disclosure
                           This doesn’t apply if you were retained after the fraud was committed
                   Get legal advice on complying with the Rules
                   Defend an allegation of your wrongdoing but to the extent necessary to establish a
                           Claim or defense
                           Defense for a criminal charge or civil claim based on conduct in which client was
                           Respond to allegations against you regarding your rep of client
                   Collect a fee
                   Comply with other law or court order

      1.7 Conflicts between Current clients
          o (a) A lawyer must not represent a client if representation involves a concurrent conflict of interest

Copyright 2011. All rights reserved.
           o   A Concurrent conflict of interest exists if:
                   The representation of one client will be directly adverse to (against) another client OR
                   There is a significant risk that the representation of one or more clients will be materially
                      limited by the lawyers’ responsibilities to another client, a former client or by a personal
                      interest of the lawyer

           o   (b) Even with a concurrent conflict of interest, a lawyer may represent a client if
                    it is reasonable to conclude that the lawyer can represent both clients competently and
                       diligently ( w/equal loyalty)
                    the concurrent representation must not be prohibited by law
                    the concurrent representation won’t involve the lawyer represent both sides of the claim in
                       the same case AND
                    Each affected client gives informed consent confirmed in writing

      1.8 Business Transactions with Clients
          o (a) Lawyer must not enter into a business transaction with a client OR knowingly acquire ownership,
              Possessory, security or other pecuniary interest adverse to client UNLESS
                   The transaction & terms are fair & reasonable to the client and are fully disclosed and
                     transmitted in writing in a manner that the client can reasonably understand

                     Client is advised in writing of desirability of getting and is given reasonable opportunity to
                      seek advice of an independent counsel about the transaction

                     The client gives informed consent in writing signed by the client of the essential terms of
                      the transaction AND the attorneys role , whether he’ll represent the client in the

           o   (b) Use of Client information
                     A lawyer must not use information concerning the client’s representation to the
                        disadvantage of the client UNLESS the client gives informed consent EXCEPT as allowed or
                        required by the rules
           o   (c ) Gifts to Lawyers

                      A lawyer must not solicit any substantial gift from a client, including testamentary gifts or
                      to prepare instrument giving the lawyer or a person related to the lawyer any substantial
                      gift UNLESS the lawyer or other is related to the client

           o   (d) Literary Rights/ Media
                    Before the conclusion of representation, the lawyer must not agree to get literary or media
                       rights in the portrayal of information relating to the representation

           o   (e) Financial Assistance to a Client
                     A lawyer must not provide financial assistance to client in connection with pending or
                       contemplated litigation EXCEPT
                            to advance court costs and expenses of litigation – repayment depending on outcome
                            in representing an indigent client, you may pay court costs or expenses of litigation
                               on behalf of the client
           o   (f) Person’s Paying for Lawyers services

Copyright 2011. All rights reserved.
                      You must not accept compensation for the representation of your client from a third person
                               the client gives informed consent
                            it doesn’t interfere with the lawyers independence of professional judgment and
                            information concerning the representation is protected by 1.6
           o   (g) Aggregate Settlements
                    A lawyer in representing 2 or more clients must not participate in making an aggregate
                       settlement of the claims of or against the clients OR In a criminal case an aggregated
                       agreement as to the guilty or nolo pleas UNLESS each client gives informed consent in
                       writing signed by the client

           o   (h) Limiting liability and Settling malpractice claims
                    A law
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