Judicial Conduct, Transactions w Non-Clients, & Safekeeping Funds & Property - Big Picture things to remember

2-8%; modules 12, 7, and 9, respectively

judge must disqualify himself from a case IF (3 things)

• Family relationship: Relative within 3rd degree (excluding cousins) is a party or an officer, director, general/managing partner, or trustee of a party.

• Family member’s financial interest: Spouse, domestic partner, parent, child (anywhere), or other household family member has an economic interest in the outcome; OR

• Close personal relationship: Judge has a close personal relationship with a party

reqs for judge to remit (waive) grounds for disqualification (3)

• disclose the grounds on the record

• The lawyers consult privately with their clients, AND

• The parties must be able to meet outside the presence of the judge

judge or judicial candidate rule for campaign contributions

A judge or judicial candidate must not personally solicit or accept campaign contributions

When dealing on behalf of a client with a third person, a lawyer must not

knowingly make a false statement of law or material fact

an atty can’t communicate w persons who are already represented by an attorney w/o their attorney’s consent IF

the communicating lawyer represents a client in that matter.

• doesn’t apply to PCs!

atty can’t comm to ppl w/in represented organizations w/o consent of org’s counsel IF the person: (3 things)

• supervises, directs, or regularly consults w organization’s lawyer about the matter at hand;

• their conduct may be imputed to the organization for purposes of criminal or civil liability; OR

• has authority to obligate the organization concerning the matter

When a lawyer knows or should know that her client’s interests are likely to be in conflict with those of an unrepresented person

the lawyer can’t give legal advice to that person (other than to get a lawyer, but they don’t have to say this).

When a lawyer receives a document, and she knows or reasonably should know that it was sent by mistake, she must

Promptly notify the sender so that the sender can take protective measures — that’s it!

When a lawyer comes into possession of property (other than money) to be held on a client’s behalf, the lawyer must (2 things)

• identify it as belonging to the client; AND

• put it in a safe place.

$$ received __ must be placed in a client trust fund account

in connection with a representation (whether from the client or a third party)

The client trust fund account must be located in

the state where the lawyer practices, unless the client consents to having it elsewhere.

when must lawyer disclose material facts to a third person + exception

when necessary to avoid assisting the client in a crime or fraud UNLESS prohibited by duty of confidentiality

• if prohibited due to confidentiality duty, lawyer must immediately withdraw from matter

record-keeping reqs for money and property held by a lawyer on behalf of a client

The records must be kept in accordance with generally accepted accounting practice, and they must be preserved for 5 yrs after the termination of the representation

If a client entrusts a lawyer with a small sum of her money for a brief period of time, the lawyer must

Place the money into a pooled checking account, with any interest used to fund charitable legal programs (IOLTA)

What should a lawyer do if she is entrusted with a large sum of her client’s money to be held for a significant period of time?

Place the money into a separate, interest-bearing account, with any interest belonging to the client

When a third party claims an interest in funds that have come into a lawyer’s possession on behalf of a client, the lawyer can do (3 things)

• Refuse to surrender the funds to his client until the third party has been paid (must do so if 3rd party claim not frivolous)

• Distribute any funds that are not in dispute directly to the third party

• File an interpleader action to have a court resolve the matter

when 3rd party has undisputed claim to fund in lawyer’s possession, lawyer must

prompty notify 3rd party & deliver undisputed funds to them