What is Tested?

-ABA Rules of Professional Conduct
-ABA Judicial Code
-Constitutional Law
-Criminal Law

	-Judicial Conduct (2-8%)
	-Regulation of the Legal Profession (6-12%)
	-Client Lawyer Relationship (10-16%)
	-Client Confidentiality (6-12%)
	-Conflict of Interest (12-18%)
	-Competence & Malpractice (6-12%)
	-Litigation (10-16%)
	-Transactions with Non-Lawyers (2-8%)
	-Differing Roles of a Lawyer (4-10%)
	-Safekeeping Clinet Funds (4-110%)
	-Communications About Legal Services (4-10%)
	-Duty to the Public (2-4%)

Three Types of Rules
-Mandatory Rules = Shall/Must (Hard Rule) *Tested Far More*
-Aspirational Rules = Should (Soft Rule)
-Permissive Rules = May (Lawyer has a choice)
*Rules apply to all authorities that can issue binding judgements*

Types of Discipline
- Censure 
	-Privately by disciplinary authority
	-Publicly by the Supreme Court of that State
-Disbarment
	-Short/Long Term
	-Permanent 

Non-Disciplinary Sanctions
-Disqualifications
-Civil Liability (Usually Malpractice)
-Criminal Liability

Who Regulates Attorneys?
-States Supreme Courts (Mostly)
-Federal District Courts (Sometimes)

Regulation After Admission to the BAR
-Violation Subject to Discipline
	-Criminal Acts that touch on the Attorney's honesty or fitness to practice.
		-Crime must speak to honesty or fitness to practice.
			-Fraud or Deceit
				-Procedural Fraud = Lying to the Court
				-Common Law Fraud = Lying in General (Standard Fraud)
					*Doesnt matter if no injury*
-Vicarious Liability
	-Partners within Firms
		-Partners must make reasonable efforts to ensure lawyers and non-professional employees comply with rules; AND
		-Must have a system in place to ensure compliance.
		*MPRC REQUIRED*
	-Supervisory Attorneys
		-Supervisory Attorneys are in violation of they Order, Ratify, or Fail To Take Remdial Action.
			-No Nuremberg Defense
				-Subordinates cannot defend by saying "I was onyl following orders"
					-Only defense is if the subordinate believed they were allowed to.


-Out Of State Conduct
	-Violations in other states allow for discipline in other states where you are BAR-ed
	-The laws that apply are the laws in which the attorney reasonably beleives will have a predominant effect.
	-Out of state lawyers may practice in states temporarily if;
		-Pro Hac Vice; AND
		-In Association with local cousnel (In State Counsel must participate)
		-Can also work for a client from your home jurisdiction so long as it is a matter related to the home-state

-Snitch Rule (MUST RULE)
	-Lawyer must report misconduct if they;
		-Actual Knowledge of a Substantial Violation
			-Pertinent to another lawyer or judges:
				-Honesty;
				-Trustworthiness; OR
				-Fitness to Practice Law
				
-Unathorized Practice of Law
	-Any activity that develops facts or law
	-If a non-lawyer engages in the unauthorized practice of law then they will be told to stop (Injuction)
	-If a lawyer engages in the unathorized practice of law in another states they will lose fees
	-Aiding and Abetting the unathorized practice of law is not allowed.

-Fee Division With Non-Laywers
	-Fee Sharing with Non-Lawyers is Prohibited (HARD RULE: MUST NOT)
		Exceptions:
			-Decedent Lawyer; OR
			-Retirement Plan
	-Legal Fees are only for Legal Work

-Sale of Practice
	-Lawyer may sell practice to other lawyers
		-But the Lawyer MUST:
			-Stop Practice;
			-Give Notice to the Client; AND
			-Sell the practice to another lawyer
		-The lawyer can return to the practice if:
			-They become in-house counsel
			-Work Probono
			-Start practicing in a different area of law; OR
			-They have a change in circumstance (Illness, Financial Difficulty)
		-There are no Covenants not to Compete


-Client Lawyer Relationship
	-No Duty to Represent Clients
		-Court appointments may be declines for sufficent cause, such as:
			-Not being paid
			-Violation of Rules
	-Formation of Attorney Client Relationships triggers civil and ethical responsibilities
		-Would a reasonable person believe an attorney-client relationship has been formed?	
	-Limitation of Scope, Objective, and Representation
		-May limit scope of representation but cannot lead to ineffective representation
	-Communications with Client
		-MUST Communicate settlement offers to the client unless there is a prior agreement for offers less than a specified amount.
	-Criminal Prosecution: Onyl can decide whether to:
		-Testify; OR
		-Exercise Right to Trial by Jury
			-Plea bargains must be communicated to the client
	-Client Under a Disability
		-Lawyer MUST:
			-Maintain ordinary Relationship;
			-Seek Appointment of a guardian if necessary;
		-Lawyer MAY:
			-Reveal information necessary to prtoect client;
			-Take protective action
	-Counseling on Crime and Fraud
		-Can advise on legal consequences;
		-Cannot advise on how to commit crime
	-Withdrawal and Termination of Representation
		-Mandatory Withdrawal
			-MUST Withdrawal When:
				-Violates MRPC
				-Attorney Impairment
				-Discharge by Client
			*EXCEPTION: Withdrawal after proceedings have begun requires the permission of the court*
			-MAY Withdrawal When:
				-If there is no harm to the client
				-May withdrawl if there is harm to the client if:
					-Reasonable belief client is pursuing crime of fraud using lawyer's services; OR
					-Client's action is Repugnant to the attorney
					-Unreasonable financial burden
					-Client fails obligation to lawyer
					-Good Cause (Cath-all)
			-After withdrawl or termination
				-MUST Return client's property and unearned fees
					-Can keep retaining lien iif client stil owes fees
				-Dispersement of Funds
					-MUST hold disputed fiund until third-party's dispute is resolved

-Fees, Fees, Fees
	-Fees must be reasonable
		-Lodestar Test (Test for Reasonableness) *Reasonableness Trumps Contracts*
			-1) Time & Effort
				-Must Explain Fee
				-Cannot Change Fee Later
			-2) Novelty
				-New to you (Cannot Charge more)
				-New to everyone  (Can charge more)
			-3) Amount in Controversy
				-More Risk = More Fees
			-4) Precluding Employment
				-Not allowed

	-Form of Fee Agreement
		-Generally does not need to be in writing
		-MUST be communicated
		-MUST have calculation methodology be disclosed
			-Exception: Contigency fees must be in writing
				-Not in family law or criminal cases
				-MUST be signed by the client

	-Retainer Agreement
		-Basic Rule- Lawyer must keep client's money seperate
			-MUST be keep in escrow account
			-MUST return all unearned fees

	-Interests in Client as a Fee
		-Lawyer takes something other than a fee
			-RULES:
				-MUST be in writing
				-MUST be fair and reasonable
				-MUST advise client in writing to hire another attorney to review
				-MUST get in informed consent 

	-Fee Sharing with lawyers
		-Referring attorney may recieve fee from another attorney so long as:
			-It is fair to the client
			-Disclosed to the client; AND
			-The referring attorney provided actual legal services.
			
		
	-Fee sharing with non-lawyers
		-Not allowed at all
		-legal fees for legal work only.
	


-Confidentiality and Privelege
	-Duty of Confidentiality
		-Baseline Rule
			-ALL information learned relating to representation MUST be kept confidential
				-Not even public information
				-Not Client's identity 
				-Not even lawyer's observations about the case or client
		-Broader than Attorney Client Privelege

	-Permissive Disclosures of Confidential Information (MAY Rules)
		-Client Consents
		-Implied consent by representation
		-To prevent death or other substantial bodily injury
		-To prevent financial injury; OR
			-To prevent client's future criminal or fraudulent act
			-The lawyer believes it necessary to prevent substantial financial harm
			-For which the lawyers services are being used
		-to prevent, mitigate, or rectify past substantial financial harm
			-Caused by client's completed criminal act or fraud
			-in which the lawyers services were used

		-Duration and Education
			-Ethical duty of confidentiality lasts forever
			-EXCEPTION: law Professors Exception
				-MAY disclose confidential information for the purposes of education if:
					-Client's idnetity is not revealed; AND
					-The listener cannot identify the client
		
		-Prospective Clients
			-Client is an entity
				-lawyer MUST communicate with the control group representatives
					-Managers
					-Board members
			-Duty is to the entity not the individuals
			


-Attorney Client Privilege 
	-More Limtied than Duty of Confidentiality
		-AC shield information from the court
			-Applies to:
				-Testimonial communciation 
				-Information given confidentially
				-Information actually kept confidential
			-Speech is privileged not objects

	-Inadvertant Disclosure and Waiver
		-RULE: No waiver of privilege if:
			-1) Attorney took reasonable steps to prevent disclosure; and
			-2) Attorney took corrective steps after disclosure

	-Exception to attorney client privilege
		-Crime (Attorney cannot participate in crime) *Crime-Fraud Exception*
		- Disputes with the attonrey (Malpractice suit)
	
	-Work product doctrine
		-Protects client documents used in Client's case (Not subject to discovery)
			-EXCEPTION: Can be compelled if:
				-Substantial need for the information; AND
				-Unde hardship to gather information by other means

	-Court Compulsion
		-Court cannot order lawyer to reveal AC privileged information
		-Court MAY order confidential information be revealed
			-Attorney MUST assert every non-frivolous claim to prevent disclosure


-Conflicts of Interest
	-Types of Conflicts
		-Direct Adversity of Concurrent Client
			-Cannot Represent both sides 
			-Cannot represent someone who is also in another law suit with your client
		-Material Limitation on the Lawyer's ability to represent client
			-Limitation can be caused by:
				-Another client;
				-A former client;
				-A third party; OR
				-The lawyer's own interest

		-Waivable conflicts
			-Client's informed consent, MUST be written
			-Lawyer MUST have reasonable belief that the representation will not adversly affect another client's representation; AND
			-ALL affected client must wave

		-Former Clients
			-RULE: A Lawyer who previously represented a client in a matter cannot represent another person in the same matter or a substantially related matter
				-Substantially related TEST: 9Objective test)
					-Scope of the prior representation
					-Lawyer could have learned information?
					-Could that information be useful in the current litigation?

		-Personal Interests of a Lawyer
			-General Rules:
				-No business dealings or interests in client or client's property
				-No drafting a will for or making a gift to lawyer as heir or donee (Unless related)
				-no related lawyers on the other side

		-Acquiring Story Rights (HARD RULE)
			-No acquisition of story rights until client representation concludes
		
		-Proprietary Interest in Litigation (Champerty)
			-No loaning to client's
			-No avancing money to client except for court costs

	-No sex with your clients
		-Exception: Unless there was a pre-exisiting relationship (can continue)
		-Personal disqualification

	-Lawyer as a witness
		-RULE: Lawyer cannot take representation if lawyer may be a witness
		-EXCEPTIONS:
			-Uncontested Issues
			-Service Value in the Case (can testify about how much the lawyer is being paid or should be paid)


	-Imputed Disqualifications (contagious conflicts)
		-IF a lawyer is in conflicts with the representation of a client, THEN no lawyer in the firm may represent the client.
		-EXCEPTIONS:
			-Client Consents in writing
			-The conflict is personal (Sex with client)
		
	

	-Incoming Lawyer
		-Arises when a new lawyer is contagious with a conflict
			-Application of the Rule:
				-Applies onlt to the incoming lawyer
				-NO conflict for the firm so long as the new lawyer:
					-Is Instantly Screened; AND (Blocks lawyer off from representation)
					-Receives no part of the fee
					-Client must be given notice (NO CONSENT REQUIRED)

	-Government Lawyers
		-A former government lawyer who becomes associated with a firm can create a conflict.
		-REQUIRMENTS to Cure Conflict:
			-Lawyer must be screened (blocked off); AND
			-Clients must be notified (NO CONSENT REQUIRED)


-Competence, Malpractice, & other civil liabilities
	-Basic RULE: Lawyers must be competent
	-Malpractice requires damage
		-Malpractice = legal liability
			-Conventional malpractice = negligence
	-Discipline does not require damage
	-Duty to withdraw if not competent OR cannot become competent without a reasonable delay
	-Limits on Recovery
		-Cannot contractually limit client's recover for malpractice
		-Can agree to prospectively limit malpractice liability IF independent counsel represent client
	-Settlement with unrepresented clients 
		-Lawyer must tell client lawyer had made an error

-Fairness and Litigation
	-Lawyer MUST be diligent, or MUST withdraw
	-Zealous Advocacy
		-Lawyer MUST NOT assert or defend frivolous claims absent good faith argument to extend the law