RIGOS BAR REVIEW SERIES UNIFORM MULTISTATE ESSAY EXAM (MEE) REVIEW CHAPTER 8 ABA PROFESSIONAL RESPONSIBILITY RULES

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I.

COMPETENCE, SCOPE OF REPRESENTATION, AND FEES A. Competence 1. Proficiency Required 2. Required Standard 3. Emergency Situation 4. Maintaining Competence 5. Legal Malpractice Relationship a. Standards Differ b. Proof Required B. Scope of Representation and Authority Allocation 1. Representation Objectives 2. Lawyers Decisions 3. Clients Decisions AJET 4. No Endorsement 5. Counsel a Crime or Fraud 6. Client Urging MRPC Violation 7. Client Authority 8. Limit of Representation C. Diligence 1. Dilatory Practices 2. Legal Rules 3. Representation Completion D. Communication 1. Informative Explanations 2. Written v. Oral 3. Special Situations a. Court Order or Rules b. Client Imprudent Reaction 4. Communicate Mistakes 5. Communicate Termination E. Fees 1. Reasonable Factors SANTA REBER a. Skill Required b. Amount Involved c. Novelty and Difficulty

d. Time Involved / Opportunities Foregone e. Average Customary Fee f. Relationship g. Expertise h. Basis of Fee i. Experience / Reputation j. Result 2. Double Billing 3. Fee Agreement Required a. Includes b. New Client c. Substantially Different d. Change in Circumstances e. External Fee Split f. Writing Request g. Withdrawal Writing 4. Client Fee Objection F. Contingency Fee Agreement 1. Writing Requirement 2. Treatment of Costs 3. Prohibited Matters a. Domestic Relations b. Criminal Matter 4. Client Termination 5. End of Case G. Division of Fees 1. In Same Firm 2. Not in Same Firm a. Proportional b. Non-Proportional (1) Joint Responsibility (2) Client Consent 3. Referral Service 4. Overall Reasonable Restraint II. CONFIDENTIALITY AND CONFLICT OF INTEREST A. Confidentiality of Information 1. In General a. Core Values b. Attorney-Client Privilege 2. Representation Information 3. Exceptions a. Future Death or Substantial Bodily Injury b. Lawyer Being Sued or Related (1) Claim or Defense Against Client (2) Lawyers Involvement

(3) Bar Complaint (4) Court Order c. Sarbanes-Oxley Act (1) Breadth (2) Corporate Reporting Up d. Representation Withdrawal e. IRS Form 8300 f. Client Waiver g. Breach of Fiduciary Responsibility B. Conflict of Interest: Current Clients 1. Client-to-Client a. Representation of Two Directly Adverse Clients b. Lawyers Responsibilities Materially Limited (1) Lower Level (2) Examples c. Exception (1) No Harm to Attorney-Client Relationship (2) Informed Consent Confirmed in Writing (a) Adverse Clients Identification (b) Confidential Information Authorization (c) Revoking Consent (3) Same Litigation Prohibition (4) Fundamentally Antagonistic d. Related Attorneys e. Organizational Clients (1) General Rule (2) Exceptions f. Lawyer Board Member 2. Current Client/Prohibited Transactions and Related a. No Business Relationship Unless TIC (1) Terms of Transaction Are Fair (2) Independent Counsel (3) Consent in Writing b. Information Disadvantaging the Client c. No Gifts from Clients d. No Agreement for Literary or Media Rights e. No Financial Assistance (1) Litigation Expenses (2) Contingency Cost Allocation (3) Indigent Client f. No Fee Payment by Third Parties (1) Informed Consent and No Interference (2) Confidentiality g. No Aggregate Settlement if Multiple Clients (1) Criminal Case (2) Civil Case

h. Limiting Liability (1) Prospective Limitation (2) Malpractice Settlement i. No Proprietary Interest in Cause of Action (1) Fee Security (2) Contingent Fee j. No Sexual Relations (1) Definition (2) Consent Ineffective (3) Client Affections C. Conflict of Interest: Duties to Former Clients 1. Subject Matter Relationship 2. Informed Consent Possible 3. Substantially Related Example 4. Confidential Information Restriction 5. Example III. DISQUALIFICATION, CLIENT FUNDS, AND WITHDRAWAL A. Imputed Disqualification 1. Conflicts of Interest 2. Joining a Firm a. Screening b. Notice to Former Client c. Affidavit 3. Leaving a Firm B. Successive Government and Private Employment 1. Personal and Substantial Participation 2. Employment Negotiation 3. Confidential Government Information C. Former Judge, Arbitrator, Mediator, or Neutral 1. Restrictions 2. Employment Negotiation 3. Consent or Screening D. Organization as Client 1. Dual Representation 2. Private Organization Internal Reporting 3. Public Organization External Reporting 4. Government Organization Client E. Client with Diminished Capacity 1. Disability 2. Preserve Confidences F. Safeguarding Property 1. Separation Required 2. Retainer and Trust Advances 3. Transfers from Trust 4. All Client Property Kept Identifiable and Accountable

a. Notice of Receipt of Property and Funds b. Identify and Label Securities and Properties c. Third Parties Claims d. Promptly Return Property 5. Escrow Funds G. Declining or Terminating Representation 1. Must Terminate / Withdraw VID a. Violate MRPCs b. Impaired Ability to Represent c. Discharged 2. May Terminate / Withdraw CURBSO a. Client Pursuing Criminal Action b. Used Lawyer to Commit Crime c. Repugnant Objective d. Burden on Lawyer Unreasonable e. Serious Client Failure f. Other Good Cause for Withdrawal Exists 3. Court Order 4. Notice, Surrender, and Refund a. No Client Prejudice b. Surrender Papers and Property c. File Lien d. Other Lien Restraints 5. Formal Notice 6. Malpractice Concern 7. Noisy or Flag-Waving Withdrawals H. Sale of Law Practice I. Duties to Prospective Client 1. Conflict Question 2. Screening Possible 3. Fair Warning 4. Duty Not to Mislead 5. Confidential Information Protected IV. COUNSELOR, ADVOCATE, AND THIRD PARTY DEALINGS A. Counselor 1. Advisor a. Independence b. Offering Advice 2. Intermediary a. General Rule (1) Consultation and Consent (2) Clients Best Interests (3) Impartiality (4) Attorney-Client Privilege b. Withdrawal

3. Evaluation for Use by Third Party a. Role b. Two Requirements c. Uncertainties 4. Lawyer Serving as Third-Party Neutral B. Advocate 1. Meritorious Claims and Contentions a. Civil Case (1) Not Frivolous (2) Is Frivolous b. Criminal Case 2. Expediting Litigation 3. Candor Toward the Tribunal a. False Statements of Law / Fact b. Facts Believed False c. Later Falsity Discovery (1) Persuade Client (2) Withdrawal (3) Required Tribunal Disclosure d. Continuing to End of Proceeding e. Ex Parte Proceeding 4. Fairness to Opposing Party and Counsel a. Cannot Interfere with Evidence b. Falsify Evidence or Witness Inducement c. Discovery Standards d. At Trial (1) Improper Argument (2) Closing Argument e. Personal Opinion During Trial (1) Prohibited Statements (2) Witness Questions 5. Impartiality and Decorum of the Tribunal a. Improper Influence b. Ex Parte Communications 6. Trial Publicity a. Prohibited Criminal Case Statements TOPIC (1) Test Results (2) Opinion or Future Witness Testimony (3) Plea or Confession (4) Inadmissible Evidence (5) Character b. Permitted Disclosures c. Safety Information d. Civil Case Statements 7. Lawyer as Witness a. Improper to Act as Advocate and Witness

b. Exceptions HULA (1) Hardship on Client (2) Uncontested or Formality (3) Legal Services Rendered Valuation (4) Another Firm Lawyer Witness 8. Special Responsibilities of a Prosecutor a. Probable Cause Necessary b. Accuseds Right to Counsel c. Honor Pretrial Rights of Accused d. Timely Disclosure of Exculpatory Evidence e. Lawyer Discovery f. Prohibited Extrajudicial Statements g. Post Conviction Duty 9. Advocate in Nonadjudicative Proceeding C. Transactions with Persons Other than Clients 1. Truthfulness in Statements to Others a. False Statement b. Duty to Disclose c. Liabilities to Third Parties 2. Communication with Persons Represented by Counsel a. Includes b. Limited Representation 3. Dealing with Unrepresented Person a. Correct Any Misunderstandings b. Giving Legal Advice 4. Respect for Rights of Third Person a. Depositions b. Receipt of Inadvertently Sent Documents V. LAW FIRMS, MARKETING, AND PROFESSIONAL INTEGRITY A. Law Firms and Associations 1. Responsibilities of Partners, Managers, and Supervisory Lawyer a. Partner Responsibility b. Supervisory Lawyer Responsibility c. Responsibility for Associates Acts 2. Responsibilities of a Subordinate Lawyer a. General Rule b. Exception 3. Responsibilities Regarding Non-lawyer Assistants 4. Professional Independence of a Lawyer a. Improper to Share Fees with Non-lawyer PEND Exceptions (1) Purchase of Practice (2) Employee Payment Plan (3) Nonprofit Organization (4) Death or Disability of Lawyer b. Non-Law Partnerships

c. Improper to Direct Lawyers Professional Judgment d. Professional Corporation or Association 5. Unauthorized and Multi-jurisdictional Practice of Law a. Unauthorized Practice b. Multi-jurisdictional Practice 6. Restrictions on Right to Practice a. Non-compete Agreements b. No Further Representation Clause 7. Responsibilities Regarding Law-related Services B. Public Service 1. Pro Bono Publico Service 2. Accepting Appointments 3. Membership in Legal Services Organization 4. Law Reform Activities Affecting Client Interests 5. Nonprofit and Court-annexed Limited Representation C. Information About Legal Services 1. Communications Concerning a Lawyers Services a. Includes b. Unjustified Expectations c. Comparisons 2. Advertising a. Use of Public Media b. Records of Advertisement Kept c. No Compensation for Recommendations d. Name in Advertisement 3. Direct Contact with Prospective Clients a. Solicitation Breadth and ROFF Exceptions (1) Examples (2) Referrals b. Written Solicitation 4. Communication of Fields of Practice and Specialization a. No Specialists b. Certification c. Additional Required Disclosure 5. Firm Names and Letterheads a. Trade Names (1) Misleading Prohibition (2) Former Partners b. Multiple Offices c. Holding Public Office d. Professional Organization v. Solo Practice 6. Improper Political Contributions D. Maintaining the Integrity of the Profession 1. Bar Admission and Disciplinary Matters a. Admission Application b. Disciplinary Proceeding

2. Judicial and Legal Officials a. False or Reckless Statement b. Objectivity Required 3. Reporting Professional Misconduct a. Knowledge of MRPC Violation b. Knowledge of MCJC Violation c. Appropriate Authority d. CAD Exceptions 4. Misconduct a. Violate MRPCs b. Commit a Criminal Act (1) Included (2) Excluded c. Engage in Dishonesty or Fraud d. Conduct Prejudicial to Administration of Justice e. Improperly Influence Government f. Knowingly Assist Judge in Violation g. Abuse of Public Position 5. Disciplinary Authority Choice of Law a. Foreign Lawyer in State b. Lawyer Outside of State c. Unlicensed Practice Practicality