a judge must not disclose or use nonpublic info acquired in his judicial role for any
purpose unrelated to his
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judicial duties.
A lawyer must refuse employment in the following situations:
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1. client's motive is harassment of a third person.
2. unsupportable factual or legal position (no frivolous) a claim is not
frivolous even if the lawyer does not have all the facts at hand.
3. lawyer not competent (if he is too busy or inexperienced to handle the
matter competently.)
, 4. strong personal feelings
5. impaired mental or physical condition
4 exceptions to the AC privilege
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1. does not apply if the C seeks the attorney's services to engage in or assist
a future crime or fraud.
2. does not apply to a communication that is relevant to an issue of breach
of the duties arising out of the AC relationship.
3. does not apply in civil litigation between 2 persons who were formally
the joint C's of an L.
4. does not apply in situations where the L can furnish evidence about the
competency or intention of a C who has attempted to dispose of property
by will or inter vivos transfer.
Most jurisdiction have disability proceedings, which result in the disabled lawyer's
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suspension from practice until she can show that rehab has occurred. Ex:
substance abuse.
Before a L retains another lawyer outside her firm to assist, the L must (2 things)
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1. reasonable believe that the services of the outside Ls will contribute to
the competent and ethical representation of the C, and 2. should ordinarily
obtain the C's informed consent.
a lawyer MAY represent a C if all four of the conditions are satisfied
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1. L reasonably believes that he can competently represent each client
despite the conflict.
2. the representation is not prohibited by law.
3. the representation does not involve asserting a claim by one C against
another C of the same litigation
4. each affected client gives informed consent, confirmed in writing.
the rule that applies to law clerks does NOT apply to
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judges, arbitrators, mediators, 3rd party neutrals, and other adjudicative
officers. They are FORBIDDEN to negotiate for private employment with a
part in a matter in which they are participating personally and substantially.
A judge must not serve as an executor, trustee, guardian, etc. HOWEVER, a judge may
serve in such capacity for a member of his family if the service WILL NOT (3)
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1. interfere with the judges judicial duties
2. involve the judge in proceedings that would ordinarily come before him
consent must be INFORMED. define this
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the C is aware of all the circumstances, alternatives, and foreseeable ways
the conflict might harm her.
Each fed court in which a lawyer is admitted to practice must make an independent
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evaluation of the lawyer's conduct
a judge must DQ himself if he makes a public statement that
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commits or appears to commit the J to reach a particular result or to rule in
a particular way in the case.
purpose unrelated to his
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judicial duties.
A lawyer must refuse employment in the following situations:
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1. client's motive is harassment of a third person.
2. unsupportable factual or legal position (no frivolous) a claim is not
frivolous even if the lawyer does not have all the facts at hand.
3. lawyer not competent (if he is too busy or inexperienced to handle the
matter competently.)
, 4. strong personal feelings
5. impaired mental or physical condition
4 exceptions to the AC privilege
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1. does not apply if the C seeks the attorney's services to engage in or assist
a future crime or fraud.
2. does not apply to a communication that is relevant to an issue of breach
of the duties arising out of the AC relationship.
3. does not apply in civil litigation between 2 persons who were formally
the joint C's of an L.
4. does not apply in situations where the L can furnish evidence about the
competency or intention of a C who has attempted to dispose of property
by will or inter vivos transfer.
Most jurisdiction have disability proceedings, which result in the disabled lawyer's
Give this one a try later!
suspension from practice until she can show that rehab has occurred. Ex:
substance abuse.
Before a L retains another lawyer outside her firm to assist, the L must (2 things)
,Give this one a try later!
1. reasonable believe that the services of the outside Ls will contribute to
the competent and ethical representation of the C, and 2. should ordinarily
obtain the C's informed consent.
a lawyer MAY represent a C if all four of the conditions are satisfied
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1. L reasonably believes that he can competently represent each client
despite the conflict.
2. the representation is not prohibited by law.
3. the representation does not involve asserting a claim by one C against
another C of the same litigation
4. each affected client gives informed consent, confirmed in writing.
the rule that applies to law clerks does NOT apply to
Give this one a try later!
judges, arbitrators, mediators, 3rd party neutrals, and other adjudicative
officers. They are FORBIDDEN to negotiate for private employment with a
part in a matter in which they are participating personally and substantially.
A judge must not serve as an executor, trustee, guardian, etc. HOWEVER, a judge may
serve in such capacity for a member of his family if the service WILL NOT (3)
, Give this one a try later!
1. interfere with the judges judicial duties
2. involve the judge in proceedings that would ordinarily come before him
consent must be INFORMED. define this
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the C is aware of all the circumstances, alternatives, and foreseeable ways
the conflict might harm her.
Each fed court in which a lawyer is admitted to practice must make an independent
Give this one a try later!
evaluation of the lawyer's conduct
a judge must DQ himself if he makes a public statement that
Give this one a try later!
commits or appears to commit the J to reach a particular result or to rule in
a particular way in the case.
