A lawyer may limit the scope of the representation if the limitation is REASONABLE
UNDER THE CIRCUMSTANCES and if the client provides INFORMED CONSENT.
MRPC 1.2(c). The terms on which representation is undertaken may exclude specific
means that might otherwise be used to accomplish the client's objectives, including
actions that the client thinks are too costly or that the lawyer regards as repugnant or
imprudent. MRPC 1.2, cmt. 6.
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b. Limiting client objectives
If the terms of the evaluation are limited (e.g., when certain issues or sources have
been categorically excluded, or the scope of a search has been limited by time
constraints or the non-cooperation of persons having relevant information), such
limitations that are material to the evaluation must be described in the lawyer's report.
Under no circumstances is the lawyer permitted to knowingly make a false statement
of material fact or law in providing an evaluation. MRPC 2.3, cmt. 4.
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3. Access to and Disclosure of Information
Due to the potential conflict between the interests of a client and the interest of a
lawyer in testifying truthfully, a lawyer generally is disqualified from representing a
client if the lawyer is likely to be a necessary witness in the action (i.e., the advocate-
witness rule).
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B. LAWYER AS WITNESS
In general, a judge is not permitted to appoint a lawyer to a position if the judge
either knows that the lawyer, or the lawyer's spouse or domestic partner, has
contributed more than the local jurisdiction's designated amount within a recent
period of years to the judge's election campaign, or learns of such a contribution by
means of a timely motion by a party or other person properly interested in the matter.
A judge may appoint such a lawyer to a position if: (i) the position is substantially
uncompensated; (ii) the lawyer has been selected in rotation from a list of qualified
and available lawyers compiled without regard to their having made political
contributions; or (iii) the judge or another presiding or administrative judge
specifically finds that no other lawyer is willing, competent, and able to accept the
position. CJC Rule 2.13(B)
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b. Restrictions on appointing lawyers who were campaign contributors
,A judge must not make promises, pledges, or commitments that put the judge's
impartiality or integrity in question. CJC Rule 2.10(B).
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d. No pledges
If a lawyer is disqualified for having participated personally and substantially as a
judge or other adjudicative officer, law clerk, arbitrator, mediator or other third-party
neutral, no lawyer in a firm with which that lawyer is associated may knowingly
undertake or continue representation in the matter unless: (i) the disqualified lawyer is
timely screened from any participation in the matter and gets no part of the fee; and
(ii) written notice is promptly given to the parties and any appropriate tribunal to
enable them to determine if the ethics rules have been met. MRPC 1.12(c).
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3. Disqualification of Firm
In representing a client, a lawyer must not knowingly make a false statement of
material fact or law to a third person. MRPC 4.1(a). While a lawyer does not generally
have a duty to inform an opposing party of relevant facts, the lawyer is not permitted
to misrepresent facts.
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a. No false statements of material fact or law
, A lawyer may accept representation when the requisite level of competence can be
achieved by reasonable preparation. This also applies to a lawyer who is appointed as
counsel for an unrepresented person. MRPC 1.1, cmt. 4. Competent representation can
also be provided through the association with a lawyer of established competence in
the field. MRPC 1.1, cmt. 2.
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b. Competency through preparation or association
A lawyer admitted in a jurisdiction may provide legal services in another jurisdiction
on a temporary basis if the services are undertaken in association with a lawyer who is
admitted to practice in the second jurisdiction and who actively participates in the
matter. MRPC 5.5(c)(1).
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1) In association with a local lawyer
A judge is required to uphold and apply the law, and to perform all duties of judicial
office fairly and impartially. CJC Rule 2.2.
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2. Impartiality and Fairness
a. General rule
UNDER THE CIRCUMSTANCES and if the client provides INFORMED CONSENT.
MRPC 1.2(c). The terms on which representation is undertaken may exclude specific
means that might otherwise be used to accomplish the client's objectives, including
actions that the client thinks are too costly or that the lawyer regards as repugnant or
imprudent. MRPC 1.2, cmt. 6.
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b. Limiting client objectives
If the terms of the evaluation are limited (e.g., when certain issues or sources have
been categorically excluded, or the scope of a search has been limited by time
constraints or the non-cooperation of persons having relevant information), such
limitations that are material to the evaluation must be described in the lawyer's report.
Under no circumstances is the lawyer permitted to knowingly make a false statement
of material fact or law in providing an evaluation. MRPC 2.3, cmt. 4.
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3. Access to and Disclosure of Information
Due to the potential conflict between the interests of a client and the interest of a
lawyer in testifying truthfully, a lawyer generally is disqualified from representing a
client if the lawyer is likely to be a necessary witness in the action (i.e., the advocate-
witness rule).
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B. LAWYER AS WITNESS
In general, a judge is not permitted to appoint a lawyer to a position if the judge
either knows that the lawyer, or the lawyer's spouse or domestic partner, has
contributed more than the local jurisdiction's designated amount within a recent
period of years to the judge's election campaign, or learns of such a contribution by
means of a timely motion by a party or other person properly interested in the matter.
A judge may appoint such a lawyer to a position if: (i) the position is substantially
uncompensated; (ii) the lawyer has been selected in rotation from a list of qualified
and available lawyers compiled without regard to their having made political
contributions; or (iii) the judge or another presiding or administrative judge
specifically finds that no other lawyer is willing, competent, and able to accept the
position. CJC Rule 2.13(B)
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b. Restrictions on appointing lawyers who were campaign contributors
,A judge must not make promises, pledges, or commitments that put the judge's
impartiality or integrity in question. CJC Rule 2.10(B).
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d. No pledges
If a lawyer is disqualified for having participated personally and substantially as a
judge or other adjudicative officer, law clerk, arbitrator, mediator or other third-party
neutral, no lawyer in a firm with which that lawyer is associated may knowingly
undertake or continue representation in the matter unless: (i) the disqualified lawyer is
timely screened from any participation in the matter and gets no part of the fee; and
(ii) written notice is promptly given to the parties and any appropriate tribunal to
enable them to determine if the ethics rules have been met. MRPC 1.12(c).
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3. Disqualification of Firm
In representing a client, a lawyer must not knowingly make a false statement of
material fact or law to a third person. MRPC 4.1(a). While a lawyer does not generally
have a duty to inform an opposing party of relevant facts, the lawyer is not permitted
to misrepresent facts.
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a. No false statements of material fact or law
, A lawyer may accept representation when the requisite level of competence can be
achieved by reasonable preparation. This also applies to a lawyer who is appointed as
counsel for an unrepresented person. MRPC 1.1, cmt. 4. Competent representation can
also be provided through the association with a lawyer of established competence in
the field. MRPC 1.1, cmt. 2.
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b. Competency through preparation or association
A lawyer admitted in a jurisdiction may provide legal services in another jurisdiction
on a temporary basis if the services are undertaken in association with a lawyer who is
admitted to practice in the second jurisdiction and who actively participates in the
matter. MRPC 5.5(c)(1).
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1) In association with a local lawyer
A judge is required to uphold and apply the law, and to perform all duties of judicial
office fairly and impartially. CJC Rule 2.2.
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2. Impartiality and Fairness
a. General rule
