Review of Legal Ethics and Professional Conduct

This set of flashcards covers key concepts related to legal ethics and professional conduct as outlined in the lecture on legal ethics and the Missouri Bar rules.

Knowledge

Denotes actual knowledge of a fact; can be inferred from circumstances.

Violation of Ethics Code

Does not equate to a cause of action; relevant in discussions of ineffective counsel.

Screening

Isolation of a lawyer from participation in a matter through procedures that protect confidential information.

Mitigators

Factors that lessen the severity of consequences in ethical violations, such as self-reporting.

Bipolar Disorder

A mental health condition that can affect a lawyer's professional conduct.

Restitution

Compensation made to clients for damages or losses.

Attorney-client relationship

Formed when a person intends for a lawyer to provide legal services and the lawyer agrees or fails to decline.

Competence (Rule 1.1)

Requires lawyers to possess the legal skills, knowledge, thoroughness, and preparation necessary for representation.

Diligence (Rule 1.3)

A lawyer's responsibility to act with reasonable diligence and promptness in representing a client.

Communication (Rule 1.4)

Obligation to keep the client reasonably informed about their matter and consult on decisions.

Scope of Representation (Rule 1.2)

The client's right to determine the objectives of the representation, while the lawyer decides on means.

Conflict of Interest (Rule 1.7)

A situation where a lawyer's representation of a client is directly adverse to another client's interests.

Confidential Information (Rule 1.6)

Information relating to representation that a lawyer must not reveal unless authorized by the client.

Fees (Rule 1.5)

Lawyers must charge reasonable fees; specific requirements exist for contingent fees.

Imputation of Conflicts (Rule 1.10)

Conflicts affecting one lawyer in a firm usually apply to all members of the firm.

Reporting Misconduct (Rule 8.3)

A lawyer must report another lawyer's professional misconduct if it raises questions about their fitness.

Misconduct (Rule 8.4)

Includes violations of the Rules of Professional Conduct, criminal acts, and dishonest conduct.

Prohibition on In-Person Solicitation (Rule 7.3)

Strictly prohibits soliciting clients in person unless they are existing or former clients.

Advertising (Rule 4-7.1)

Prohibits false or misleading communications about a lawyer's services or qualifications.

Responsibilities of Supervisory Lawyers (Rule 5.1)

Partners must ensure all lawyers in the firm conform to professional conduct rules.

Unauthorized Practice of Law (Rule 5.5)

Prohibits lawyers from practicing in jurisdictions where they are not licensed.

Withdrawal from Representation (Rule 1.16)

Lawyers may withdraw from cases under specific circumstances, including ethical violations.

Discipline Overview in Missouri (Various)

Describes the disciplinary process and potential outcomes for lawyers in Missouri.

Judicial & Legal Officials (Rule 8.2)

Prohibits lawyers from making knowingly false statements about judges or other officials.