True Final MPC

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Last updated 1:53 AM on 5/13/26
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59 Terms

1
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MR 1.0(e) — Informed Consent

Confidentiality / Conflict — Client agrees after the lawyer explains material risks and reasonably available alternatives; important for confidentiality waivers, conflict waivers, and informed written consent.

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MR 1.0(f) — Knowledge

Competence — Knowledge means actual knowledge, but actual knowledge may be inferred from surrounding circumstances.

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MR 1.1 — Competence

Competence — Lawyer must provide legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

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MR 1.2 — Scope of Representation and Allocation of Authority

Client Control — Client controls objectives and major decisions; lawyer generally controls legal means, subject to consultation and ethical limits.

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MR 1.2(c) — Limited Scope Representation

Client Identification / Client Control — Lawyer may limit representation if the limitation is reasonable under the circumstances and client gives informed consent.

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MR 1.2(d) — No Assisting Crime or Fraud

Client Control / Confidentiality — Lawyer may advise about legal consequences but may not knowingly counsel or assist criminal or fraudulent conduct.

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MR 1.3 — Diligence

Competence — Lawyer must act with reasonable diligence and promptness, including meeting deadlines, avoiding neglect, managing workload, and not abandoning the matter.

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MR 1.4 — Communication

Communication / Client Control / Competence — Lawyer must keep client informed, consult about means, respond to reasonable requests, and explain enough for informed decisions.

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MR 1.5 — Fees

Client Identification — Lawyer may not charge unreasonable fees; fee arrangements must be communicated, and contingent fees have special written requirements and limits.

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MR 1.6 — Confidentiality of Information

Confidentiality — Lawyer generally may not reveal information relating to representation unless client consents, disclosure is impliedly authorized, or an exception applies.

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CA Rule 1.6 — California Confidentiality Rule

Confidentiality — California strongly protects client secrets and generally permits disclosure mainly to prevent a criminal act likely to cause death or substantial bodily harm.

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MR 1.7 — Current Client Conflicts

Conflict of Interest — Conflict exists if representation is directly adverse to another current client or materially limited by duties to another client, former client, third person, or lawyer interest.

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MR 1.8 — Current Client: Specific Conflict Rules

Conflict of Interest — Covers specific current-client conflicts involving business transactions, gifts, information use, third-party payment, aggregate settlements, sex, media rights, and lawyer self-interest.

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MR 1.8(a) — Business Transaction with Client

Conflict of Interest — Lawyer-client business transactions are allowed only if terms are fair and reasonable, fully disclosed in writing, client is advised to seek independent counsel, and client gives informed written consent.

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MR 1.8(b) — Use of Client Information

Confidentiality / Conflict of Interest — Lawyer may not use information relating to representation to client’s disadvantage unless client gives informed consent or rules permit it.

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MR 1.8(c) — Gifts from Client

Conflict of Interest — Lawyer generally may not solicit substantial gifts or draft instruments giving lawyer or lawyer’s relative substantial gifts unless recipient is related to client.

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MR 1.8(d) — Literary or Media Rights

Conflict of Interest — Before representation ends, lawyer may not negotiate for literary or media rights based substantially on information relating to the representation.

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MR 1.8(e) — Financial Assistance

Conflict of Interest — Lawyer may not provide financial assistance to a client in litigation except advancing litigation costs and paying certain costs for indigent clients.

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MR 1.8(f) — Third-Party Payment

Conflict of Interest — Lawyer may accept payment from someone other than client only with client informed consent, no interference with professional judgment, and protected confidentiality.

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MR 1.8(g) — Aggregate Settlement

Conflict of Interest — Lawyer representing multiple clients may not enter aggregate settlement or plea arrangement without each client’s informed written consent after full disclosure of all material terms.

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MR 1.8(h) — Limiting Malpractice Liability

Conflict of Interest — Lawyer may not prospectively limit malpractice liability unless client is independently represented, and must advise unrepresented client or former client to seek counsel before settling malpractice claims.

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MR 1.8(i) — Proprietary Interest in Litigation

Conflict of Interest — Lawyer may not acquire a proprietary interest in the cause of action or subject matter of litigation except authorized liens and reasonable contingent fees.

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MR 1.8(j) — Sexual Relations with Client

Conflict of Interest — Lawyer may not have sexual relations with a client unless a consensual sexual relationship existed before representation began.

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MR 1.8(k) — Imputation of 1.8 Conflicts

Conflict of Interest — Many Rule 1.8 conflicts are imputed to other lawyers in the firm, subject to exceptions.

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MR 1.9 — Duties to Former Clients

Conflict of Interest / Confidentiality — Lawyer may not oppose former client in same or substantially related materially adverse matter without informed written consent, and may not misuse or reveal former-client information.

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MR 1.10 — Imputation of Conflicts

Conflict of Interest — Conflicts of one lawyer are generally imputed to the whole firm, with exceptions for some personal-interest conflicts and screening situations.

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MR 1.11 — Special Conflicts for Former/Current Government Officers and Employees

Conflict of Interest — Government lawyers moving to or from private practice face special conflict rules for matters handled personally and substantially and for confidential government information.

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MR 1.12 — Former Judge, Arbitrator, Mediator, or Neutral

Conflict of Interest — Former neutral generally may not represent a party in the same matter without informed written consent from all parties; screening may avoid firm disqualification.

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MR 1.13 — Organization as Client

Client Identification / Client Control / Communication / Confidentiality / Conflict — Lawyer represents the entity, not constituents; if insider conduct threatens the organization, lawyer may need to report up and clarify client identity.

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MR 1.14 — Client with Diminished Capacity

Client Identification / Client Control / Communication / Conflict — Lawyer must maintain normal relationship as far as possible but may take protective action if client cannot protect self and faces substantial harm.

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MR 1.15 — Safekeeping Property

Client Identification — Lawyer must keep client and third-party property separate, maintain records, promptly deliver property owed, and preserve disputed funds.

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MR 1.16 — Declining or Terminating Representation

Client Identification / Client Control / Confidentiality / Conflict — Lawyer must withdraw if representation violates law or rules, lawyer is impaired, or client fires lawyer; permissive withdrawal is allowed in listed situations while protecting client interests.

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MR 1.18 — Duties to Prospective Client

Client Identification / Competence / Conflict — Lawyer owes limited confidentiality and conflict duties to someone who consults about possible representation, even if no representation results.

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MR 1.18(a) — Prospective Client Definition

Client Control / Client Identification — A prospective client is someone who consults a lawyer about possibly forming a client-lawyer relationship.

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MR 2.1 — Advisor

Client Control — Lawyer must exercise independent professional judgment and give candid advice, including moral, economic, social, and political considerations when relevant.

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MR 2.3 — Evaluation for Use by Third Persons

Competence / Confidentiality / Conflict — Lawyer may give third-party evaluation if compatible with client relationship; informed consent required if evaluation likely materially harms client.

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MR 3.1 — Meritorious Claims and Contentions

Competence / Communication — Lawyer may not assert frivolous claims or defenses but may make good-faith arguments to change law; criminal defense may require proof of every element.

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MR 3.3 — Candor Toward Tribunal

Communication / Confidentiality / Client Control — Lawyer must not lie to tribunal, must correct false statements, disclose controlling adverse law, and remedy false evidence when required.

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MR 3.4 — Fairness to Opposing Party and Counsel

Communication / Confidentiality — Lawyer may not obstruct evidence, falsify evidence, counsel false testimony, make frivolous discovery objections, or use improper litigation tactics.

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MR 3.7 — Lawyer as Witness

Communication / Competence — Lawyer generally may not act as trial advocate if likely to be a necessary witness, unless an exception applies.

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MR 3.8 — Special Responsibilities of a Prosecutor

Communication / Confidentiality — Prosecutor must seek justice, respect accused rights, disclose required evidence, and remedy certain wrongful convictions.

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MR 3.9 — Advocate in Nonadjudicative Proceedings

Communication / Confidentiality — Lawyer appearing before legislature or administrative agency in representative capacity must disclose that role and comply with candor duties.

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MR 4.1 — Truthfulness in Statements to Others

Communication / Confidentiality / Competence — Lawyer may not knowingly make false material statements to third persons and may need to disclose facts to avoid assisting client crime or fraud.

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MR 4.2 — Communication with Represented Persons

Communication — Lawyer may not communicate about the matter with a person known to be represented unless that person’s lawyer consents or law authorizes it.

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MR 4.3 — Dealing with Unrepresented Person

Communication — Lawyer must not imply neutrality, must correct misunderstandings about role, and generally may only advise unrepresented person to get counsel.

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MR 4.4(b) — Inadvertently Sent Documents/ESI

Communication / Confidentiality — Lawyer who receives inadvertently sent documents or electronically stored information must promptly notify the sender.

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MR 5.1 — Responsibilities of Partners, Managers, and Supervisory Lawyers

Competence — Supervisors must ensure firm compliance systems and may be responsible for violations they order, ratify, know of, or fail to remedy.

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MR 5.2 — Responsibilities of Subordinate Lawyer

Competence — Subordinate lawyer remains bound by rules; safe harbor only for following supervisor’s reasonable resolution of an arguable ethics question.

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MR 5.4(c) — Professional Independence of Lawyer

Conflict of Interest / Client Control — Lawyer may not let a payer, employer, or recommender direct or regulate professional judgment.

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MR 6.1 — Voluntary Pro Bono Publico Service

Client Identification — Lawyers have aspirational responsibility to provide pro bono services, especially to people of limited means; generally not disciplinary.

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MR 6.2 — Accepting Appointments

Client Identification — Lawyer should not avoid court appointment absent good cause such as conflict, financial burden, lack of competence, or impairment from repugnant client or cause.

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MR 7.1 — Communications Concerning Lawyer’s Services

Communication / Client Identification — Lawyer communications about services must not be false or misleading or omit facts needed to avoid misleading impressions.

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MR 7.2 — Lawyer Advertising / Communications Specific Rules

Communication / Client Identification — Lawyers may advertise truthfully but generally cannot pay for recommendations except permitted advertising, referral services, reciprocal arrangements, and law-practice sales.

54
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MR 7.3 — Solicitation of Clients

Communication / Client Identification — Restricts live person-to-person solicitation for pecuniary gain, especially where pressure, vulnerability, or requested no-contact exists; exceptions apply.

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MR 7.6 — Political Contributions to Obtain Government Legal Engagements or Judicial Appointments

Conflict of Interest — Lawyer or firm may not accept government legal work or judicial appointment obtained through political contributions made or solicited for that purpose.

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MR 8.1 — Bar Admission and Disciplinary Matters

Client Identification / Competence — Lawyer or applicant must not knowingly make false material statements, fail to correct misunderstandings, or fail to respond to lawful demands, subject to confidentiality.

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MR 8.4 — Misconduct

Competence / Client Identification / Communication — Catch-all rule covering rule violations, assisting violations, certain criminal acts, dishonesty, prejudicial conduct, improper influence, judicial misconduct assistance, and harassment/discrimination.

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MR 8.4(c) — Dishonesty, Fraud, Deceit, Misrepresentation

Confidentiality / Communication — Lawyer commits misconduct by dishonest, fraudulent, deceitful, or misleading conduct.

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MR 8.4(d) — Conduct Prejudicial to Administration of Justice

Confidentiality / Communication — Lawyer commits misconduct by conduct harming fairness, integrity, or functioning of the justice system.