If a lawyer deals with constituents whose interests might be adverse to the entity, a
lawyer MUST (4)
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1. ensure that the constituents understand that the lawyer represents the
entity, not them.
2. explain that he can't represent them,
3. that their discussions aren't privileged, and
4. that they may wish to obtain independent counsel.
Before representing a client, a lawyer must assess his own abilities and agree to the
representation only if (2)
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, 1. he is either currently competent or
2. can become competent through reasonable preparation
All lawyers are independently responsible for complying with the ethical rules. This
responsibility means that subordinate lawyers are generally still responsible even if
they're just following their supervisors' directions BUT (2)
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1. a subordinate lawyer isn't responsible for violating the ethical rules if the
situation raises an arguable question of ethics, AND
2. the subordinate reasonably relies on the supervising lawyer's resolution
of the issue.
Lawyers NOT in same firm may split or share fees ONLY if (2)
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1. the fee is split in proportion to the services performed, OR
2. both lawyers agree to assume joint responsibility for representation.
If a third party seeks disclosure of potentially privileged communications, the lawyer
MUST
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invoke the privilege if it appears reasonably appropriate to do so.
,At trial, lawyers mustn't refer to matters the lawyer doesn't reasonably believe to
be(3)
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1. relevant and admissible
2. assert personal knowledge of facts
3. or state personal opinions as to the credibility of a witness, the justness
of a cause, or the culpability of a party.
there are limits on a lawyer's duty of truthfulness at disciplinary hearing (3)
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1. lawyer doesn't have to disclose information protected by attorney-client
privilege and
2. may invoke the Fifth Amendment right against self-incrimination.
3. a lawyer must affirmatively invoke the Fifth Amendment. A lawyer can't
fail to comply with a request for information and then assert the Fifth
Amendment after the fact as an excuse.
A lawyer who associates with another lawyer MUST (3)
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, 1. reasonably believe that the additional lawyer will enhance the
representation.
2. obtain the client's informed consent and
3. should discuss with the client the allocation of responsibility for
representation between the two lawyers.
Regarding any witness other than a criminal defendant, a lawyer who reasonably
believes that the witness will commit perjury ____BUT ____
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1. has discretion whether to call that witness.
2. BUT even if a defense lawyer reasonably believes that his client will
commit perjury, but DOESNT KNOW it will occur, the lawyer must call the
defendant to testify if the defendant demands it. (err on the side of allowing
his client to testify.)
Judges must comply with the law, including
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adhering to any regulations governing elections, campaigns, and
fundraising if running for office.
In recognition of the fundamental principle that justice delayed is justice denied
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lawyer MUST (4)
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1. ensure that the constituents understand that the lawyer represents the
entity, not them.
2. explain that he can't represent them,
3. that their discussions aren't privileged, and
4. that they may wish to obtain independent counsel.
Before representing a client, a lawyer must assess his own abilities and agree to the
representation only if (2)
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, 1. he is either currently competent or
2. can become competent through reasonable preparation
All lawyers are independently responsible for complying with the ethical rules. This
responsibility means that subordinate lawyers are generally still responsible even if
they're just following their supervisors' directions BUT (2)
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1. a subordinate lawyer isn't responsible for violating the ethical rules if the
situation raises an arguable question of ethics, AND
2. the subordinate reasonably relies on the supervising lawyer's resolution
of the issue.
Lawyers NOT in same firm may split or share fees ONLY if (2)
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1. the fee is split in proportion to the services performed, OR
2. both lawyers agree to assume joint responsibility for representation.
If a third party seeks disclosure of potentially privileged communications, the lawyer
MUST
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invoke the privilege if it appears reasonably appropriate to do so.
,At trial, lawyers mustn't refer to matters the lawyer doesn't reasonably believe to
be(3)
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1. relevant and admissible
2. assert personal knowledge of facts
3. or state personal opinions as to the credibility of a witness, the justness
of a cause, or the culpability of a party.
there are limits on a lawyer's duty of truthfulness at disciplinary hearing (3)
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1. lawyer doesn't have to disclose information protected by attorney-client
privilege and
2. may invoke the Fifth Amendment right against self-incrimination.
3. a lawyer must affirmatively invoke the Fifth Amendment. A lawyer can't
fail to comply with a request for information and then assert the Fifth
Amendment after the fact as an excuse.
A lawyer who associates with another lawyer MUST (3)
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, 1. reasonably believe that the additional lawyer will enhance the
representation.
2. obtain the client's informed consent and
3. should discuss with the client the allocation of responsibility for
representation between the two lawyers.
Regarding any witness other than a criminal defendant, a lawyer who reasonably
believes that the witness will commit perjury ____BUT ____
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1. has discretion whether to call that witness.
2. BUT even if a defense lawyer reasonably believes that his client will
commit perjury, but DOESNT KNOW it will occur, the lawyer must call the
defendant to testify if the defendant demands it. (err on the side of allowing
his client to testify.)
Judges must comply with the law, including
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adhering to any regulations governing elections, campaigns, and
fundraising if running for office.
In recognition of the fundamental principle that justice delayed is justice denied
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