Model Rules of Professional Responsibility

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14 Terms

1
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1.2

This rule addresses the scope of representation and the allocation of authority between a lawyer and a client. It emphasizes that a lawyer must comply with the client's decisions concerning the objectives of representation.

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2.1

Advisor. In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors, that may be relevant to a client’s situation.

3
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3.4

Fairness to opposing party and counsel. A lawyer shall not obstruct another party's access to evidence or unlawfully alter or destroy documents, and must comply with discovery requests in a timely manner.

4
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3.7

Lawyer as witness. lawyer shall not act as an advocate if it is likely he will be a witness, unless it is for an uncontested or it is about the value of legal services or disqualification of the lawyer would cause substantial hardship for client

if another lawyer in the firm is a witness, first lawyer can only represent if 1.7 and 1.9 are not violated.

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4.1

Transactions with persons other than clients. A lawyer shall not make a false statement of material fact or law to third person or fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client, limited by 1.6.

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4.2

Communication with person represented by counsel. A lawyer shall not communicate about the subject of representation with a person the lawyer knows to be represented by another lawyer in the matter unless authorized by lawyer or court

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4.3

Dealing with an Unrepresented Person. Lawyer shall not imply/state that they are disinterested. No legal advice if there is a reasonable possibility of unrepresented person being in conflict with interests of the client.

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4.4

Respect for rights of third persons. Lawyer shall not use means with no other purpose than to embarrass/delay/burden third person, or use methods of obtaining evidence that violate legal rights of third person.

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1.5

Fees: No unreasonable fees, basis of rate, contingent fee rules, prohibited payment arrangements, division of fees between lawyers of different firms

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1.8

Conflict of Interest: Current Clients: Specific Rules: no business transactions with client; no using information about representation to detriment of client; no soliciting of substantial gifts from client; no literary or media rights; no financial assistance to client; no accepting compensation from one other than the client; and some other stuff

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1.15

Safekeeping Property. Keep client and lawyer property/funds separate.

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1.18

Duties to Prospective Client. Don’t reveal information from a prospective client unless permitted by 1.9. Also do not represent client with material adverse interest to prospective client.

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5.4

Professional Independence of a Lawyer. traditional limitations on sharing of fees, to protect the lawyer’s professional independence of judgment.

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5.6

Restrictions on Right to Practice.