MPRE Rules Study Guide Test.
1. Rule 1.1
SHALL be competent = legal knowledge, skill, thoroughness and
Compe- tence
preparation reasonably necessary
2. Rule 1.2
SHALL abide by client's decisions concerning objectives of
Scope of
Representa- representation SHALL consult with the client as to the means
tion and pursued.
Alloca- tion of MAY take implied action to carry out representation
Authority SHALL abide by a client's decision whether to
settle
SHALL abide by the client's decision as to criminal plea, waive jury trial and
whether the client will testify.
representation does NOT constitute endorsement of client's political,
economic, social or moral views.
MAY limit the scope of the representation if limitation is reasonable and
informed consent.
SHALL NOT engage, or assist a client, in criminal/fraudulent,
MAY discuss legal consequences of any proposed course of conduct
3. Rule 1.3 Diligence SHALL use reasonable diligence and promptness
4. Rule 1.4 SHALL promptly inform of required informed consent,
Commu-
reasonably consult about the means used for objectives;
nication
reasonably informed about the status;
promptly comply with reasonable requests for information;
and consult about any relevant limitation on the
lawyer's conduct
explain reasonably necessary for informed decisions regarding the
representa- tion."
5. Rule 1.5 Fees SHALL NOT agree for, charge, or collect an unreasonable fee
(1) the time / labor, the novelty / diflculty of questions, skill
requisite;
,MPRE Rules Study Guide Test.
(2) likelihood, if apparent to client, that particular employment
precludes other employment by the lawyer;
(3) customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
, MPRE Rules Study Guide Test.
(5) the time limitations;
(6) the nature and length of the professional relationship with the
client;
(7) the experience, reputation, and ability of the lawyer; and
(8) whether fee is fixed or contingent.
SHALL communicate scope of representation and fee, + in writing, within a
reason- able time, except when regular client. Any changes shall also be
communicated. MAY be contingent, if in signed writing, stating method,
clearly notifying of any client expenses, and a written statement of
outcome showing remittance and method of its determination.
SHALL NOT be contingent fee securing a divorce or amount of alimony, or
criminal case.
ONLY fee-splitting if in proportion or each lawyer assumes joint
responsibility; client agrees in writing; and fee is reasonable."
6. Rule 1.6
Confi- SHALL not reveal information relating to the representation unless
dentiality of informed con- sent, impliedly authorized or reasonably believes
In- formation necessary prevent certain death or SBH; client from committing a crime
reasonably certain to result in substantial injury to financial interests and
in furtherance of lawyer's services; mitigate or rectify substantial injury to
financial interests reasonably certain in furtherance lawyer's services;
establish malpractice claim / defense, defense to a criminal charge or
civil, or comply with other law or a court order."
7. Rule 1.7
Conflict of SHALL NOT represent a client if:
Interest: Cur- (1) representation is directly adverse to another client; or
rent Clients (2) risk one or more clients materially limited by lawyer's responsibilities
to another client/personal.
MAY represent if
reasonably believes competent and; not prohibited by law; does not assert
a claim by one client against other; AND informed consent in
writing."
Comments:
, MPRE Rules Study Guide Test.
Resolution of a conflict
SHALL:
1) clearly identify client
or clients;
1. Rule 1.1
SHALL be competent = legal knowledge, skill, thoroughness and
Compe- tence
preparation reasonably necessary
2. Rule 1.2
SHALL abide by client's decisions concerning objectives of
Scope of
Representa- representation SHALL consult with the client as to the means
tion and pursued.
Alloca- tion of MAY take implied action to carry out representation
Authority SHALL abide by a client's decision whether to
settle
SHALL abide by the client's decision as to criminal plea, waive jury trial and
whether the client will testify.
representation does NOT constitute endorsement of client's political,
economic, social or moral views.
MAY limit the scope of the representation if limitation is reasonable and
informed consent.
SHALL NOT engage, or assist a client, in criminal/fraudulent,
MAY discuss legal consequences of any proposed course of conduct
3. Rule 1.3 Diligence SHALL use reasonable diligence and promptness
4. Rule 1.4 SHALL promptly inform of required informed consent,
Commu-
reasonably consult about the means used for objectives;
nication
reasonably informed about the status;
promptly comply with reasonable requests for information;
and consult about any relevant limitation on the
lawyer's conduct
explain reasonably necessary for informed decisions regarding the
representa- tion."
5. Rule 1.5 Fees SHALL NOT agree for, charge, or collect an unreasonable fee
(1) the time / labor, the novelty / diflculty of questions, skill
requisite;
,MPRE Rules Study Guide Test.
(2) likelihood, if apparent to client, that particular employment
precludes other employment by the lawyer;
(3) customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
, MPRE Rules Study Guide Test.
(5) the time limitations;
(6) the nature and length of the professional relationship with the
client;
(7) the experience, reputation, and ability of the lawyer; and
(8) whether fee is fixed or contingent.
SHALL communicate scope of representation and fee, + in writing, within a
reason- able time, except when regular client. Any changes shall also be
communicated. MAY be contingent, if in signed writing, stating method,
clearly notifying of any client expenses, and a written statement of
outcome showing remittance and method of its determination.
SHALL NOT be contingent fee securing a divorce or amount of alimony, or
criminal case.
ONLY fee-splitting if in proportion or each lawyer assumes joint
responsibility; client agrees in writing; and fee is reasonable."
6. Rule 1.6
Confi- SHALL not reveal information relating to the representation unless
dentiality of informed con- sent, impliedly authorized or reasonably believes
In- formation necessary prevent certain death or SBH; client from committing a crime
reasonably certain to result in substantial injury to financial interests and
in furtherance of lawyer's services; mitigate or rectify substantial injury to
financial interests reasonably certain in furtherance lawyer's services;
establish malpractice claim / defense, defense to a criminal charge or
civil, or comply with other law or a court order."
7. Rule 1.7
Conflict of SHALL NOT represent a client if:
Interest: Cur- (1) representation is directly adverse to another client; or
rent Clients (2) risk one or more clients materially limited by lawyer's responsibilities
to another client/personal.
MAY represent if
reasonably believes competent and; not prohibited by law; does not assert
a claim by one client against other; AND informed consent in
writing."
Comments:
, MPRE Rules Study Guide Test.
Resolution of a conflict
SHALL:
1) clearly identify client
or clients;
