MPC Complex

MR 1.0(e)

Informed Consent — Client agrees after lawyer explains material risks and reasonably available alternatives; important for confidentiality waivers and conflict waivers.

MR 1.0(f)

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

MR 1.1

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

MR 1.2

Scope of Representation and Allocation of Authority — Client controls objectives and major decisions; lawyer generally controls legal means, subject to consultation and ethical limits.

MR 1.2(c)

Limited Scope Representation — Lawyer may limit representation if the limitation is reasonable under the circumstances and client gives informed consent.

MR 1.2(d)

No Assisting Crime or Fraud — Lawyer may advise about legal consequences but may not knowingly assist criminal or fraudulent conduct.

MR 1.3

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

MR 1.4

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

MR 1.5

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

MR 1.6

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

CA Rule 1.6

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

MR 1.7

Current Client Conflicts — Conflict exists if representation is directly adverse to another current client or materially limited by another duty, client, third person, or lawyer interest.

MR 1.8

Current Client: Specific Conflict Rules — Covers specific current-client conflicts involving business deals, gifts, information use, third-party payment, settlements, sex, media rights, and lawyer self-interest.

MR 1.8(a)

Business Transaction with Client — 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.

MR 1.8(b)

Use of Client Information — Lawyer may not use information relating to representation to client’s disadvantage unless client gives informed consent or rules permit it.

MR 1.8(c)

Gifts from Client — Lawyer generally may not solicit substantial gifts or draft instruments giving lawyer or lawyer’s relative substantial gifts unless recipient is related to client.

MR 1.8(d)

Literary or Media Rights — Before representation ends, lawyer may not negotiate for literary or media rights based substantially on information from the representation.

MR 1.8(e)

Financial Assistance — Lawyer may not provide financial assistance in litigation except advancing costs and paying certain costs for indigent clients.

MR 1.8(f)

Third-Party Payment — Lawyer may accept payment from someone other than client only with client informed consent, no interference with judgment, and protected confidentiality.

MR 1.8(g)

Aggregate Settlement — Lawyer representing multiple clients may not enter aggregate settlement or plea arrangement without each client’s informed written consent after full disclosure.

MR 1.8(h)

Limiting Malpractice Liability — 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.

MR 1.8(i)

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

MR 1.8(j)

Sexual Relations with Client — Lawyer may not have sexual relations with a client unless a consensual relationship existed before representation began.

MR 1.8(k)

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

MR 1.9

Duties to Former Clients — Lawyer may not oppose former client in same or substantially related materially adverse matter without informed written consent, and may not misuse former-client information.

MR 1.10

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

MR 1.11

Special Conflicts for Former/Current Government Officers and Employees — Government lawyers moving to or from private practice face special conflict rules for matters handled personally and substantially and for confidential government information.

MR 1.12

Former Judge, Arbitrator, Mediator, or Neutral — Former neutral generally may not represent a party in the same matter without informed written consent; screening may avoid firm disqualification.

MR 1.13

Organization as Client — Lawyer represents the entity, not constituents; if insider conduct threatens the organization, lawyer may need to report up and clarify client identity.

MR 1.14

Client with Diminished Capacity — Lawyer must maintain normal relationship as far as possible but may take protective action if client cannot protect self and faces substantial harm.

MR 1.15

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

MR 1.16

Declining or Terminating Representation — Lawyer must withdraw if representation violates law or rules, lawyer is impaired, or client fires lawyer; permissive withdrawal allowed in listed situations while protecting client interests.

MR 1.18

Duties to Prospective Client — Lawyer owes limited confidentiality and conflict duties to someone who consults about possible representation, even if no representation results.

MR 1.18(a)

Prospective Client Definition — A prospective client is someone who consults a lawyer about possibly forming a client-lawyer relationship.

MR 2.1

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

MR 2.3

Evaluation for Use by Third Persons — Lawyer may give third-party evaluation if compatible with client relationship; informed consent required if evaluation likely materially harms client.

MR 3.1

Meritorious Claims and Contentions — 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.

MR 3.3

Candor Toward Tribunal — Lawyer must not lie to tribunal, must correct false statements, disclose controlling adverse law, and remedy false evidence when required.

MR 3.4

Fairness to Opposing Party and Counsel — Lawyer may not obstruct evidence, falsify evidence, counsel false testimony, make frivolous discovery objections, or use improper litigation tactics.

MR 3.7

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

MR 3.8

Special Responsibilities of a Prosecutor — Prosecutor must seek justice, respect accused rights, disclose required evidence, and remedy certain wrongful convictions.

MR 3.9

Advocate in Nonadjudicative Proceedings — Lawyer appearing before legislature or administrative agency in representative capacity must disclose that role and comply with candor duties.

MR 4.1

Truthfulness in Statements to Others — Lawyer may not knowingly make false material statements to third persons and may need to disclose facts to avoid assisting crime or fraud.

MR 4.2

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

MR 4.3

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

MR 4.4(b)

Inadvertently Sent Documents/ESI — Lawyer who receives inadvertently sent documents or electronically stored information must promptly notify the sender.

MR 5.1

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

MR 5.2

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

MR 5.4(c)

Professional Independence of Lawyer — Lawyer may not let a payer, employer, or recommender direct or regulate professional judgment.

MR 6.1

Voluntary Pro Bono Publico Service — Lawyers have aspirational responsibility to provide pro bono services, especially to people of limited means; generally not disciplinary.

MR 6.2

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

MR 7.1

Communications Concerning Lawyer’s Services — Lawyer communications about services must not be false or misleading or omit facts needed to avoid misleading impressions.

MR 7.2

Lawyer Advertising / Communications Specific Rules — Lawyers may advertise truthfully but generally cannot pay for recommendations except permitted advertising, referral services, reciprocal arrangements, and law-practice sales.

MR 7.3

Solicitation of Clients — Restricts live person-to-person solicitation for pecuniary gain, especially where pressure, vulnerability, or requested no-contact exists; exceptions apply.

MR 7.6

Political Contributions to Obtain Government Legal Engagements or Judicial Appointments — Lawyer or firm may not accept government legal work or judicial appointment obtained through political contributions made or solicited for that purpose.

MR 8.1

Bar Admission and Disciplinary Matters — Lawyer or applicant must not knowingly make false material statements, fail to correct misunderstandings, or fail to respond to lawful demands, subject to confidentiality.

MR 8.4

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

MR 8.4(c)

Dishonesty, Fraud, Deceit, Misrepresentation — Lawyer commits misconduct by dishonest, fraudulent, deceitful, or misleading conduct.

MR 8.4(d)

Conduct Prejudicial to Administration of Justice — Lawyer commits misconduct by conduct harming fairness, integrity, or functioning of the justice system.