Outline Professional Responsability

8/18/2019 Outline Professional Responsability

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Confdentiality

Rule 1.6 – Confdentiality o Inormation

(a) A lawyer shall not reveal information relating to the representation of a client unless the client

gives informed consent, the disclosure is impliedly authorized in order to carry out the

representation or the disclosure is permitted by paragraph (b).

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer

reasonably believes necessary:

(1) to prevent reasonably certain death or substantial bodily harm

(!) to prevent the client from committing a crime or fraud that is reasonably certain to result in

substantial in"ury to the financial interests or property of another and in furtherance of which

the client has used or is using the lawyer#s services

($) to prevent, mitigate or rectify substantial in"ury to the financial interests or property of

another that is reasonably certain to result or has resulted from the client#s commission of a

crime or fraud in furtherance of which the client has used the lawyer#s services

(%) to secure legal advice about the lawyer#s compliance with these &ules

(') to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer

and the client, to establish a defense to a criminal charge or civil claim against the lawyer

based upon conduct in which the client was involved, or to respond to allegations in any

proceeding concerning the lawyer#s representation of the client

() to comply with other law or a court order or

() to detect and resolve conflicts of interest arising from the lawyer*s change of employment or

from changes in the composition or ownership of a firm, but only if the revealed information

would not compromise the attorney+client privilege or otherwise pre"udice the client.

(c) A lawyer shall mae reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or

unauthorized access to, information relating to the representation of a client.

Case Example:

1

1.6(a) - Attorneys are required to maintain confdentiality

• Elements1) A Lawyer2) Shall not reveal) !n"ormation#) $elatin% to&) 'he reresentation o" a lient

*+LESS, 1.6() alies

• /ay0 is the oerative word Attorney may use discretion in maintainin%

confdentiality

• ocused on 1.6()(1)3 1.6()(2)3 and 1.6()(6)o 1.6()(6) determines whether a le%al comulsion e4ists

!" le%al comulsion e4ists /ust then assess under

attorney5client rivile%e.


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Sauldin% v. immerman

- Sauldin% sued immerman "or in7uries resultin% "rom a car accident- immerman8s attorney 9new o" an aneurysm in Sauldin%8s lun%

o Attorney did not disclose this in"ormationo :ad the otion to disclose under 1.6()(1)

- Sauldin% too9 a settlement which was calculated without the 9nowled%e o"the aneurysm

o Settlement amount would have increased e4onentially i" aneurysm

was disclosed.

Additional Rules:

Rule 1.2 – Scope o Representation and Allocation o Autority !et"een

Client and #a"yer

(a) -ub"ect to paragraphs (c) and (d), a lawyer shall abide by a client#s decisions concerning the

ob"ectives of representation and, as reuired by &ule 1.%, shall consult with the client as to themeans by which they are to be pursued. A lawyer may tae such action on behalf of the client as

is impliedly authorized to carry out the representation. A lawyer shall abide by a client#s decision

whether to settle a matter. /n a criminal case, the lawyer shall abide by the client#s decision, after

consultation with the lawyer, as to a plea to be entered, whether to waive "ury trial and whether

the client will testify.

(b) A lawyer#s representation of a client, including representation by appointment, does not constitute

an endorsement of the client#s political, economic, social or moral views or activities.

(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the

circumstances and the client gives informed consent.

(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer nows is

criminal or fraudulent, but a lawyer may discuss the legal conseuences of any proposed course of

conduct with a client and may counsel or assist a client to mae a good faith effort to determine the

validity, scope, meaning or application of the law.

Rule 1.$ – Communication

(a) A lawyer shall:

(1) promptly inform the client of any decision or circumstance with respect to which the client#s

informed consent, as defined in &ule 1.0(e), is reuired by these &ules

2

1.2(a) Accetance o" settlements are the decision o" the client. Lawyers cannot

ma9e this decision on ehal" o" the client unless the client a%rees y in"ormed

consent.


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(!) reasonably consult with the client about the means by which the client#s ob"ectives are to be

accomplished

($) eep the client reasonably informed about the status of the matter

(%) promptly comply with reasonable reuests for information and

(') consult with the client about any relevant limitation on the lawyer#s conduct when the lawyer

nows that the client expects assistance not permitted by the &ules of rofessional 2onduct or

other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to mae

informed decisions regarding the representation.

Attorney Client %ri&ile'e

Attorney lient rivile%e is used when there is a le%al comulsion "or an attorney to

disclose confdential in"ormation under $ule 1.6()(6).

- A le%al comulsion e4ists when an attorney is called to testi"y aout

confdential in"ormation.o ourt can elicit testimony or hold attorney in contemt o" court unless

the attorney client rivile%e e4ists.- Attorney lient rivile%e only rotects communications- Attorney lient rivile%e is a limited pri&ile'e

o ;ased on a alancin% test $i%ht5!nterests o" the !ndividual v. !nterests o" Society

• $i%hts,o $i%ht to not incriminateo $i%ht to e


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c. servation is ermitted and still considered rotected (;el%e)) onfdentiality

a. Bithout the resence o" stran%ersi. !" unsecured3 it is not confdential (non-secure emails3 cell

hone calls3 the "aceoo93 etc)c" #) 'o ounsel

a. 'o a memer o" the ar> or3. A lawyer8s suordinate

&) or ounsela. or the urose o" securin% an oinion on the law> or3. or le%al services> or3c. Assistance in a le%al roceedin%

6) laimed and not waived y lient (attorney5client rivile%e)a. +ot the attorney8s rivile%e to assert or waive (client must decide)

Case Examples:

=eole v. ;el%e

- ;el%e is attorney "rom a revious murder trialo lient told him where several odies were hiddeno ;el%e investi%ated and determined this to e true

!ntended to use these additional murders to assist in an insanity

de"ense- ;el%e was char%ed with ulic health law violations "or "ailure to disclose the

in"ormationo ;el%e claimed attorney5client rivile%e

ourt determined all elements o" attorney5client rivile%e

e4isted

;el%e was not "ound %uilty o" "ailure to disclose

!n re $yder

- $yder reresented a client char%ed with an9 roeryo $yder 9new or should8ve 9nown his client did commit the roery

- lient %ave $yder ower o" attorney over his sa"e deosit o4o $yder went to an9 and oened sa"ety deosit o4 elon%in% to client

'rans"erred the %un and money inside to his own sa"ety deosit

o4- Attorney client rivile%e did not rotect $yder in ta9in% this action

o 2 reasons or counsel actions were "or concealment3 not "or counsel

• =ossession o" the items contriuted to assistance with

concealin% the crime ommunication )ot allo"ed to alter*

destroy* or possess te e&idence*

instrumentality* or ruits.

• =hysical ossession is not the same as communication

#


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• !t %oes eyond the accetale limit o" oservation

ermitted in ;el%e.- $yder "ound %uilty "or his "ailure to disclose the in"ormation

)ote: =ossession v. servation

- Ci


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an e determined y attendin% circumstanceso +umer o" ommunicationso +ature o" ommunications

Bhat is said and what is not saido Location o" the ommunicationso

Bho initiates the ommunicationso Curation o" the ommunications

Rule 1.1 – -uties to %rospecti&e Clients

(a) A person who consults with a lawyer about the possibility of forming a client+lawyer relationship

with respect to a matter is a prospective client.

(b) 3ven when no client+lawyer relationship ensues, a lawyer who has learned information from a

prospective client shall not use or reveal that information, except as &ule 1.4 would permit with

respect to information of a former client.

(c) A lawyer sub"ect to paragraph (b) shall not represent a client with interests materially adverse to

those of a prospective client in the same or a substantially related matter if the lawyer received

information from the prospective client that could be significantly harmful to that person in the

matter, except as provided in paragraph (d). /f a lawyer is disualified from representation under

this paragraph, no lawyer in a firm with which that lawyer is associated may nowingly undertae

or continue representation in such a matter, except as provided in paragraph (d).

(d) 5hen the lawyer has received disualifying information as defined in paragraph (c),

representation is permissible if:

(1) both the affected client and the prospective client have given informed consent,confirmed in writing, or:

(!) the lawyer who received the information too reasonable measures to avoid exposure to

more disualifying information than was reasonably necessary to determine whether to

represent the prospective client and

(i) the disualified lawyer is timely screened from any participation in the matter and

is apportioned no part of the fee therefrom and

(ii) written notice is promptly given to the prospective client.

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1.1H(a) Elements desi%natin% a rosective client

1) =erson

2) Bho consults

) Bith a lawyer

#) Aout the ossiility o" "ormin% a lient-Lawyer relationshi with

resect to a matter

1.1H() =rotection "or rosective clients

Bhen a client meets the requirements o" 1.1H(a)

- :ave rotection under $ule 1.I (duties to "ormer clients)

- 1.I rovides same rotection as $ule 1.6 (duties to current

clients)

- !" le al com ulsion e4ists re uirin disclosure o" confdential


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*7ohn o. v. *nited States

- Bho qualifes as a client in a cororate settin%J- !nstitutionalo ontrol Krou 'est

Anyone in a osition to ta9e a sustantial role in a decision

aout any action the cororation may ta9e uon the advice o"

the attorneyo Su7ect /atter 'est

'hose eole o" eole in cororation who can %ive attorney =rotects anyone who wor9s within the cororation and it is used

to %ive sound le%al advice.- ourt uses the su7ect matter test

o Su7ect matter test roadens the scoe o" rotection "rom 7ust the

control %rou to the emloyeeso Le%al comulsion is to release the in"ormation

- !" the Fone o" silence is too lar%e comanies are ale to %et away with a lot

o" ille%al thin%s.o Sureme t. uheld the su7ect matter test and the road Fone o"

silence $eason rivile%e only rotects the communications and not the

"actual elements• =erson see9in% in"o can still as9 the emloyees 7ust

can8t %et it "rom the attorney.

- =L! i" the client cannot count on an attorney to 9ee the in"oconfdential3 they will not discuss the case with the attorneyo Bon8t %et e


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Rule $./ – -ealin' "it an 0nrepresented %erson

!n dealin% on ehal" o" a client with a erson who is not reresented y counsel3

a lawyer shall not state or imly that the lawyer is disinterested. Bhen the

lawyer 9nows or reasonaly should 9now that the unreresented erson

misunderstands the lawyer8s role in the matter3 the lawyer shall ma9ereasonale e


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or3 %roduct -octrine

- ;roader than attorney client rivile%eo +ot restricted to communications

- +arrower than attorney client rivile%eo /ust e rearin% the in"o "or civil liti%ation

- Sometimes the in"o must e disclosedo !" the witness dies rior to the other arty interviewin%

- Always rotects ideas3 oinions3 mental imressions

'o%stad v. Nesley3 tto3 /iller O Dee"e

Le%al malractice

1 Attorney-client relationshi e4isted2 C acted ne%li%ently or in reach o" contract 'hat such acts were ro4imate cause o" =8s dama%es

a ause ;ut "or C8s conduct3 the =8s could have een success"ul in

rosecution o" medical malractice (!nsert any malractice tye) suit =ro4imate (will e a symolic issue)

'o revail must show the 7ury would frst have ruled in "avor o" the medical

malractice claim

- 'hen3 try the le%al malractice claim

Attorney-client relationshi is issue in case.

PP

Attorney lient $elationshi, ?"actors3 not all required@ 0SE 4,IS A)54I+E )E

7 4,E %R!#E+S IS ,E4,ER A) A44R)E58C#IE)4 RE#A4I)S,I%

E9IS4S.

1 =lainti< must elieve an attorney-client relationshi e4ists> A+C32 'hat elie" must e reasonale

a +umer o" ommunicationsi Cid client initiateJ

:ow they communicatedc Bhere they communicatedd +ature o" the communication can e what is said and what is not said

(under what circumstances)i Bas le%al advice %ivenJ

I


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e Bould a reasonale lawyer have 9nown client would rely on his words

or actionsJi r3 would a reasonale client have reliedJ (Q2)ii r3 did the client relyJ (Q)

" onsideration %iven y client (monetary)

+e%li%ence aroach Q1 (+ote Q3 ottom % #2)

1 Lawyer rendered le%al advice (not necessarily as9ed "or)2 *nder circumstances that made it reasonaly "oreseeale to lawyer i" advice

was rendered ne%li%ently3 the individual receivin% the advice mi%ht e in7ured

therey.

(!" advice is %iven under circumstances where the attorney should reasonaly

anticiate that i" ad advice is %iven and in7ury would occur an attorney client

relationshi is created)

+e%li%ence aroach Q2 (tort aroach)

1 !ndividual see9s (di


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o Bhether the client will testi"yo Bhether to enter into aritrationo oncern "or the ri%hts o" third arties adversely a

(2) the client ersists in a course o" action involvin% the lawyers services thatthe lawyer reasonaly elieves is criminal or "raudulent>

() the client has used the lawyers services to eretrate a crime or "raud>

(#) the client insists uon ta9in% action that the lawyer considers reu%nantor with which the lawyer has a "undamental disa%reement>

(&) the client "ails sustantially to "ulfll an oli%ation to the lawyer re%ardin%the lawyers services and has een %iven reasonale warnin% that the lawyerwill withdraw unless the oli%ation is "ulflled>

(6) the reresentation will result in an unreasonale fnancial urden on thelawyer or has een rendered unreasonaly diGcult y the client> or

() other %ood cause "or withdrawal e4ists.

(c) A lawyer must comly with alicale law requirin% notice to or ermission o" atriunal when terminatin% a reresentation. Bhen ordered to do so y a triunal3 alawyer shall continue reresentation notwithstandin% %ood cause "or terminatin%the reresentation.

(d) *on termination o" reresentation3 a lawyer shall ta9e stes to the e4tentreasonaly racticale to rotect a clients interests3 such as %ivin% reasonalenotice to the client3 allowin% time "or emloyment o" other counsel3 surrenderin%aers and roerty to which the client is entitled and re"undin% any advance

11


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ayment o" "ee or e4ense that has not een earned or incurred. 'he lawyer mayretain aers relatin% to the client to the e4tent ermitted y other law.

$ule 1.2 and 1.16 ase E4amle

- :ollando :olland was sentenced to death and directed attorney to not "ollow

throu%h on reresentin% an aeal.o :olland re"erred smo9in% over li"e Kive me ci%arettes or %ive me

death0o :olland8s attorney was "ollowin% the

R0#E 1.2>a? -- 'he attorney was required to in"orm :olland o"the otions and the ossile outcomes =rovide ounsel

R0#E 1.2>d? :olland did have the ultimate say in theoutcome5o7ective.

R0#E 1.16>c? Attorney was ordered y the court to reresent:olland

Rule 1.@ Conict Interest: Current Clients

(a) E4cet as rovided in ara%rah ()3 a lawyer shall not reresent a client i" thereresentation involves a concurrent conMict o" interest. A concurrent conMict o"interest e4ists i",

(1) the reresentation o" one client will e directly adverse to another client>or

(2) there is a si%nifcant ris9 that the reresentation o" one or more clients wille materially limited y the lawyers resonsiilities to another client3 a"ormer client or a third erson or y a ersonal interest o" the lawyer.

() +otwithstandin% the e4istence o" a concurrent conMict o" interest underara%rah (a)3 a lawyer may reresent a client i",

(1) the lawyer reasonaly elieves that the lawyer will e ale to rovidecometent and dili%ent reresentation to each a

(2) the reresentation is not rohiited y law>

12

+otes 1.16,

1.16(a) $ule secifes Shall +ot $eresent0 (unless court mandates it.)

1.16() $ule secifes /ay Bithdraw "rom $eresentin%0 (unless court

mandates it.)

- !+ LASS *S + 1.16>?>1?

1.16(c) +otice to ourt when not reresentin% a client. ourt /andate

overrule


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() the reresentation does not involve the assertion o" a claim y one clienta%ainst another client reresented y the lawyer in the same liti%ation orother roceedin% e"ore a triunal> and

(#) each aa? and 1.@>? issues.o Should have either re"used to reresent oth clients on the concurrent

issues or withdrawn under $ule 1.16

Rule 1. Conict Interest: Current Clients: Specifc Rules

(a) A lawyer shall not enter into a usiness transaction with a client or 9nowin%lyacquire an ownershi3 ossessory3 security or other ecuniary interest adverse toa client unless,

1

$ule 1.(a) - onMict o" !nterest o" urrent lients

An attorney may not reresent 2 eole who are clients when their interests

are directly adverse.

onsentale v. +on-consentale R0#E 1.@>?>$?

- !" concurrent clients have conMictin% interests3 attorney may

reresent oth arties )#5 I7 in"ormed consent is otained I)

RI4I).- Some issues may not e consentale onsentaility relies on the

attorney8s aility to maintain the utmost est interest and o7ectives

o" oth clients.o S A$ the de"ault answer in class has een +o3 it8s not

consentale0


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(1) the transaction and terms on which the lawyer acquires the interest are"air and reasonale to the client and are "ully disclosed and transmitted inwritin% in a manner that can e reasonaly understood y the client>

(2) the client is advised in writin% o" the desiraility o" see9in% and is %iven areasonale oortunity to see9 the advice o" indeendent le%al counsel on

the transaction> and() the client %ives in"ormed consent3 in a writin% si%ned y the client3 to theessential terms o" the transaction and the lawyers role in the transaction3includin% whether the lawyer is reresentin% the client in the transaction.

() A lawyer shall not use in"ormation relatin% to reresentation o" a client to thedisadvanta%e o" the client unless the client %ives in"ormed consent3 e4cet asermitted or required y these $ules.

(c) A lawyer shall not solicit any sustantial %i"t "rom a client3 includin% atestamentary %i"t3 or reare on ehal" o" a client an instrument %ivin% the lawyeror a erson related to the lawyer any sustantial %i"t unless the lawyer or other

reciient o" the %i"t is related to the client. or uroses o" this ara%rah3 relatedersons include a souse3 child3 %randchild3 arent3 %randarent or other relativeor individual with whom the lawyer or the client maintains a close3 "amilialrelationshi.

(d) =rior to the conclusion o" reresentation o" a client3 a lawyer shall not ma9e orne%otiate an a%reement %ivin% the lawyer literary or media ri%hts to a ortrayal oraccount ased in sustantial art on in"ormation relatin% to the reresentation.

(e) A lawyer shall not rovide fnancial assistance to a client in connection withendin% or contemlated liti%ation3 e4cet that,

(1) a lawyer may advance court costs and e4enses o" liti%ation3 thereayment o" which may e contin%ent on the outcome o" the matter> and

(2) a lawyer reresentin% an indi%ent client may ay court costs ande4enses o" liti%ation on ehal" o" the client.

(") A lawyer shall not accet comensation "or reresentin% a client "rom one otherthan the client unless,

(1) the client %ives in"ormed consent>

(2) there is no inter"erence with the lawyers indeendence o" ro"essional 7ud%ment or with the client-lawyer relationshi> and

() in"ormation relatin% to reresentation o" a client is rotected as requiredy $ule 1.6.

(%) A lawyer who reresents two or more clients shall not articiate in ma9in% ana%%re%ate settlement o" the claims o" or a%ainst the clients3 or in a criminal casean a%%re%ated a%reement as to %uilty or nolo contendere leas3 unless each client%ives in"ormed consent3 in a writin% si%ned y the client. 'he lawyers disclosureshall include the e4istence and nature o" all the claims or leas involved and o" thearticiation o" each erson in the settlement.

(h) A lawyer shall not,

1#


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(1) ma9e an a%reement rosectively limitin% the lawyers liaility to a client"or malractice unless the client is indeendently reresented in ma9in% thea%reement> or

(2) settle a claim or otential claim "or such liaility with an unreresentedclient or "ormer client unless that erson is advised in writin% o" the

desiraility o" see9in% and is %iven a reasonale oortunity to see9 theadvice o" indeendent le%al counsel in connection therewith.

(i) A lawyer shall not acquire a rorietary interest in the cause o" action orsu7ect matter o" liti%ation the lawyer is conductin% "or a client3 e4cet that thelawyer may,

(1) acquire a lien authoriFed y law to secure the lawyers "ee or e4enses>and

(2) contract with a client "or a reasonale contin%ent "ee in a civil case.

(7) A lawyer shall not have se4ual relations with a client unless a consensual se4ualrelationshi e4isted etween them when the client-lawyer relationshi

commenced.

(9) Bhile lawyers are associated in a frm3 a rohiition in the "ore%oin%ara%rahs (a) throu%h (i) that alies to any one o" them shall aly to all o"them

1&

Rule 1. onMict o" !nterest urrent lients Secifc $ules

1.>a?

- Cealin% with a client in a transaction which is +' oen to the %eneral ulic- E4cetions e4ist (1-)

1. air and reasonale manner o" acquisition with "ull disclosure transmittedin writin%>

2. lient advised o" ossile conMict and %iven reasonale oortunity to

see9 alternate counsel> A)-3. lient rovides in"ormed consent in writin% includin% essential terms

includin% whether the lawyer is reresentin% the client.

1.>?

- Lawyer8s wor9 A++' disadvanta%e the client unless the client a%rees- Lawyer is A;LE to roft ersonally as lon% as the client is not disadvanta%ed

1.>c?

- $elates to ma9in% a will.- *nale to create a will that enefts the erson (attorney) writin% it unless the

ersons are related.

1.>d?

- lient cannot %ive oo9 or movie ri%hts rior to the end o" the reresentationo Some hi%h rofle cases this is the ayment to the attorney

1.>e?

- Lawyer cannot rovide fnancial assistance "or court costso Ale to loan court costs and "or%ive i" the case is losto E4cetion Ale to ay court costs and e4enses i" erson is indi%ent

- +ot allowed to %ive money or %i"ts "or livin% e4enses- $ational is to not have the client "eel ound to the enefts %iven y the attorney

1.>? /AT$ *S !+ LASS

- $elatin% to fnancial comensation "rom erson other than client.- 2 e4amles %iven

o E4. =arents "or child hild is client3 arents ay

o E4. !nsurance de"ense wor9 lient is the insured under 1.H(") Attorney wants to 9ee insurance de"ense usiness (may e inclined

to %et insurance comany a %ood deal0 at the e4ense o" the

client. /odel $ule in /!+$!' o" 7urisdictions (most "ollow stricter /a7ority

$ule)

• /AT$!' ;oth the insured and the insurance comany are

clientso reates a concurrent conMict o" interest e4istso !" conMict is non-consentale3 then oth clients must e

"or"eited.- Bhen law frms are contracted "or reresentation3 insurance comanies may limit

the nature o" the rearation and discovery "or trial.o $e%ardless o" restrictions3 must e ale to rovide a dili%ent and

reasonale reresentation even i" it is eyond the numer o" services aid

"or y the insurance comany.

1.>'?

- *nale to do a%%re%ate settlements unless all clients %ive in"ormed consent in

writin%

1.>?


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16

1.>i?

- *nale to trade value in the case in e4chan%e "or comensatin% the lawyer

1.>B?

- *nale to have se4 with clients unless already havin% se4 rior to e%innin%

reresentation- Should e romantic relationshi not only se4ual


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Case Example A*'/A'! $ENE$SAL $*LE Cerived "rom 6th Amendmentviolation

- /ic9ens v. 'ayloro Attorney was aointed to reresent the client accused o" murder o" a

revious client Attorney5client relationshi with rior client was terminated as a

result o" the murder. ourt holds the rimary issue is a 6th amendment constitutional

rolem.

A04+A4IC REERSA# R0#E

o $esults "rom !ne


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that ersons interests are materially adverse to the interests o" the "ormer clientunless the "ormer client %ives in"ormed consent3 confrmed in writin%.

() A lawyer shall not 9nowin%ly reresent a erson in the same or a sustantiallyrelated matter in which a frm with which the lawyer "ormerly was associated hadreviously reresented a client

(1) whose interests are materially adverse to that erson> and

(2) aout whom the lawyer had acquired in"ormation rotected y $ules 1.6and 1.I(c) that is material to the matter>

unless the "ormer client %ives in"ormed consent3 confrmed in writin%.

(c) A lawyer who has "ormerly reresented a client in a matter or whose resent or"ormer frm has "ormerly reresented a client in a matter shall not therea"ter,

(1) use in"ormation relatin% to the reresentation to the disadvanta%e o" the"ormer client e4cet as these $ules would ermit or require with resect to aclient3 or when the in"ormation has ecome %enerally 9nown> or

(2) reveal in"ormation relatin% to the reresentation e4cet as these $uleswould ermit or require with resect to a client.

1H

$ule 1.I(a) Sustantially $elated /atters

- Elements,o =reviously reresented a cliento Bhose interests are materially adverse to a current cliento !n the same or a sustantially related matter

8 / 4in's +ust !e %resent to raise prolems 1.D and 1.11) /aterially adverse !nterest2) onfdential in"ormation "rom oth sides) Same or sustantially related matter ( tests elow)

a. !ssues 'esti. Are there le%al issues in the frst case that are li9e the issues

in the second case. Actual acts 'est

i. Are there "acts disclosed in the frst case which are relevant

in the second case (must e disclosed "acts)ii. /ust actually disclose the "acts and the method y which

they were told the "acts ?=$;LE/ B!': ':!S 'ES'@c. Bestin%house 'est (=a%e 12) uholds the aearance o"

"airness

i. actual reconstruction o" the rior reresentationa. ?$eview o" le%al issues and "acts relevant to the

issues Tud%e creates list o" these "acts@ii. $easonale to in"er that the confdential in"ormation

alle%edly %iven would have een %iven to a lawyer

reresentin% a client in those matters.a. ?Assess the list o" "acts determine how much o"

the in"o is reasonale is assume the attorney had

received the in"o@iii. 'hat in"ormation is relevant to the issues raised in the

liti%ation endin% a%ainst the "ormer client

a. ?Cetermine i" the "acts are relevant to the currentcase@


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Rule 1.1 Imputation Conicts Interest: eneral Rule

(a) Bhile lawyers are associated in a frm3 none o" them shall 9nowin%ly reresenta client when any one o" them racticin% alone would e rohiited "rom doin% soy $ules 1. or 1.I3 unless

(1) the rohiition is ased on a ersonal interest o" the disqualifed lawyerand does not resent a si%nifcant ris9 o" materially limitin% thereresentation o" the client y the remainin% lawyers in the frm> or

(2) the rohiition is ased uon $ule 1.I(a) or () and arises out o" thedisqualifed lawyer8s association with a rior frm3 and

(i) the disqualifed lawyer is timely screened "rom any articiation in thematter and is aortioned no art o" the "ee there"rom>

(ii) written notice is romtly %iven to any a a

statement o" the frms and o" the screened lawyers comliance withthese $ules> a statement that review may e availale e"ore a triunal>and an a%reement y the frm to resond romtly to any written inquiriesor o7ections y the "ormer client aout the screenin% rocedures> and

(iii) certifcations o" comliance with these $ules and with the screenin%rocedures are rovided to the "ormer client y the screened lawyer andy a artner o" the frm3 at reasonale intervals uon the "ormer clientswritten request and uon termination o" the screenin% rocedures.

() Bhen a lawyer has terminated an association with a frm3 the frm is notrohiited "rom therea"ter reresentin% a erson with interests materially adverseto those o" a client reresented y the "ormerly associated lawyer and not

currently reresented y the frm3 unless,

(1) the matter is the same or sustantially related to that in which the"ormerly associated lawyer reresented the client> and

(2) any lawyer remainin% in the frm has in"ormation rotected y $ules 1.6and 1.I(c) that is material to the matter.

(c) A disqualifcation rescried y this rule may e waived y the a


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(d) 'he disqualifcation o" lawyers associated in a frm with "ormer or current%overnment lawyers is %overned y $ule 1.11.

2R

Nicarious onMict $eresentation conMicts ased on conMicts o" artners in

the frm

onMict e4ists when these ELE/E+'S EU!S',

1) !nterests are materially adverse2) Same or sustantially related matter "or the clients) onfdential in"o "or oth sides in the same frm at the same time

Rule 1.1>a? Bhen wor9in% in a law frm3 the client o" 1 artner is the client o" all

artners

- Side +'E !" 2 artner are in a frm - 'hey /A e4chan%e confdential in"o

(1.6 requires the law frm to 9ee the in"o confdential)- !" an attorney has any contact which could have transmitted confdential in"o

attorney is treated as thou%h they were reresentin% the client (even i" they

weren8t involved in the case)

Rule 1.1>a?>2?

- =rohiition o" lawyers who have confdential in"o in a new frmo Lawyer may e screened out o" the reresentation

Law irm omosition and Screenin% under $ule 1.1R

'yical law frms used to e artnershis

- !" a artner3 leaves a artnershi it is dissolvedo $emainin% memers could re"orm the artnershi ut it is a new law frmo !" all thin%s e4ist in this situation frm would e ale to reresent the

enemy client even with confdential in"o (no rolem ecause the

artnershi is a new law frm "ollowin% dissolution)

Senarios,

1) Law frm with 2 attorneysa. Associate leaves =artner remains

i. Enemy comes "or reresentationii. =artner in law frm has confdential in"o aout the "ormer clientiii. *nale to reresent

2) Law frm with 2 attorneysa. Associate leaves =artner remains

i. Enemy comes in "or reresentationii. =artner does not have confdential in"o aout "ormer clientiii. Ale to reresent

) Law frm with 2 attorneysa. ;oth artners

i. ne artner leaves with the clientii. ther artner has confdential in"oiii. +ow3 frm must screen remainin% artner

1. Ale to screen ecause a new frm is created "ollowin%

dissolutioniv. Ale to reresent with screen in lace


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21

Screenin% Alication

Co all elements (hi%hli%hted aove) e4istJ

a. !n +o +o =rolem. !" es /ust assess 1.I and 1.1R

i. Bhat do we want to 9nowJ1. !s the lawyer disqualifedJ

a. !" thin%s =resent3 es.2. !s the frm disqualifedJ

a. !s the lawyer in the same frm as when reresentin% the client

and receivin% the confdential in"oi. !n old frm V disqualifcationii. !n new frm V can e screened

oints,

1) $eresentation o" the client must e chec9ed a%ainst whether it is a consentale

conMicta. !" es3 then you must %et in"ormed consent "or the reresentation o" the

client in writin%i. 'o %et in"ormed consent creates the same issue in $ule 1.

(disclosure v. confdentiality)2) nly f4in% the rolem as to the "ormer client

a. Still have a rolem with the current client. A"ter this assessment /*S' then aly 1. "or current client8s

rotection) Bhat does screenin% meanJ @ elements to ma3e eFecti&e

a. LaSalle =%. 12i. +otice to a


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Rule 1.11 Special Conicts Interest 7or 7ormer And Current o&ernmentGcers And Employees

(a) E4cet as law may otherwise e4ressly ermit3 a lawyer who has "ormerlyserved as a ulic oGcer or emloyee o" the %overnment,

(1) is su7ect to $ule 1.I(c)> and

(2) shall not otherwise reresent a client in connection with a matter in whichthe lawyer articiated ersonally and sustantially as a ulic oGcer oremloyee3 unless the aroriate %overnment a%ency %ives its in"ormedconsent3 confrmed in writin%3 to the reresentation.

() Bhen a lawyer is disqualifed "rom reresentation under ara%rah (a)3 nolawyer in a frm with which that lawyer is associated may 9nowin%ly underta9e orcontinue reresentation in such a matter unless,

(1) the disqualifed lawyer is timely screened "rom any articiation in thematter and is aortioned no art o" the "ee there"rom> and

(2) written notice is romtly %iven to the aroriate %overnment a%ency to

enale it to ascertain comliance with the rovisions o" this rule.

(c) E4cet as law may otherwise e4ressly ermit3 a lawyer havin% in"ormationthat the lawyer 9nows is confdential %overnment in"ormation aout a ersonacquired when the lawyer was a ulic oGcer or emloyee3 may not reresent arivate client whose interests are adverse to that erson in a matter in which thein"ormation could e used to the material disadvanta%e o" that erson. As used inthis $ule3 the term Wconfdential %overnment in"ormationW means in"ormation thathas een otained under %overnmental authority and which3 at the time this $uleis alied3 the %overnment is rohiited y law "rom disclosin% to the ulic or hasa le%al rivile%e not to disclose and which is not otherwise availale to the ulic.A frm with which that lawyer is associated may underta9e or continue

reresentation in the matter only i" the disqualifed lawyer is timely screened "romany articiation in the matter and is aortioned no art o" the "ee there"rom.

(d) E4cet as law may otherwise e4ressly ermit3 a lawyer currently servin% as aulic oGcer or emloyee,

(1) is su7ect to $ules 1. and 1.I> and

(2) shall not,

22


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(i) articiate in a matter in which the lawyer articiated ersonallyand sustantially while in rivate ractice or non%overnmentalemloyment3 unless the aroriate %overnment a%ency %ives itsin"ormed consent3 confrmed in writin%> or

(ii) ne%otiate "or rivate emloyment with any erson who is involved

as a arty or as lawyer "or a arty in a matter in which the lawyer isarticiatin% ersonally and sustantially3 e4cet that a lawyer servin%as a law cler9 to a 7ud%e3 other ad7udicative oGcer or aritrator mayne%otiate "or rivate emloyment as ermitted y $ule 1.12() andsu7ect to the conditions stated in $ule 1.12().

(e) As used in this $ule3 the term WmatterW includes,

(1) any 7udicial or other roceedin%3 alication3 request "or a rulin% or otherdetermination3 contract3 claim3 controversy3 investi%ation3 char%e3accusation3 arrest or other articular matter involvin% a secifc arty orarties3 and

(2) any other matter covered y the conMict o" interest rules o" thearoriate %overnment a%ency.

H-I- )4 -ISC0SS 1.1/

H!REI7 +E)4I) 7 1.1$

Rule 1.1$ Client it -iminised Capacity

(a) Bhen a clients caacity to ma9e adequately considered decisions inconnection with a reresentation is diminished3 whether ecause o" minority3mental imairment or "or some other reason3 the lawyer shall3 as "ar as reasonaly

ossile3 maintain a normal client-lawyer relationshi with the client.() Bhen the lawyer reasonaly elieves that the client has diminished caacity3is at ris9 o" sustantial hysical3 fnancial or other harm unless action is ta9en andcannot adequately act in the clients own interest3 the lawyer may ta9e reasonalynecessary rotective action3 includin% consultin% with individuals or entities thathave the aility to ta9e action to rotect the client and3 in aroriate cases3see9in% the aointment o" a %uardian ad litem3 conservator or %uardian.

(c) !n"ormation relatin% to the reresentation o" a client with diminished caacity isrotected y $ule 1.6. Bhen ta9in% rotective action ursuant to ara%rah ()3the lawyer is imliedly authoriFed under $ule 1.6(a) to reveal in"ormation aoutthe client3 ut only to the e4tent reasonaly necessary to rotect the clients

interests.

H-I- )4 -ISC0SS 1.1J or 1.1@

Rule 2.1 Ad&isor

2


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!n reresentin% a client3 a lawyer shall e4ercise indeendent ro"essional 7ud%mentand render candid advice. !n renderin% advice3 a lawyer may re"er not only to lawut to other considerations such as moral3 economic3 social and olitical "actors3that may e relevant to the clients situation.

Rule 2./ E&aluation 7or 0se !y 4ird %ersons

(a) A lawyer may rovide an evaluation o" a matter a


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(") 9nowin%ly assist a 7ud%e or 7udicial oGcer in conduct that is a violation o"alicale rules o" 7udicial conduct or other law.

A. +oral Responsiility

Case Example:

'he lorida ;ar v. ;etts

- ocus on H.#(c) and H.#(d)o ;etts si%ned "or dead man y movin% his hand to indicate an U0 on a

willo $esulted in inclusion o" dau%hter on willo ;etts action was /isconduct and he was discilined.

- !t is ille%al and unethical to ma9e decisions "or clients

PP 4ypes o #a"yers (=%. 16R)

1) Lawyer as :ired Kun Attac9s on ehal" o" client2) Lawyer as Kod"ather ontrollin% interest o" client and i%norin% interest o"

others) Adversary System 'heory Fealous advocacy y attorneys on ehal" o"

client ma9es an e


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(a) unlawfully obstruct another party# s access to evidence or unlawfully alter, destroy or

conceal a document or other material having potential evidentiary value. A lawyer shall not

counsel or assist another person to do any such act

(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a

witness that is prohibited by law

(c) nowingly disobey an obligation under the rules of a tribunal except for an open refusal

based on an assertion that no valid obligation exists

(d) in pretrial procedure, mae a frivolous discovery reuest or fail to mae reasonably diligent

effort to comply with a legally proper discovery reuest by an opposing party

(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that

will not be supported by admissible evidence, assert personal nowledge of facts in issue

except when testifying as a witness, or state a personal opinion as to the "ustness of a cause,

the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an

accused or

(f) reuest a person other than a client to refrain from voluntarily giving relevant information

to another party unless:

(1) the person is a relative or an employee or other agent of a client and

(!) the lawyer reasonably believes that the person#s interests will not be adversely

affected by refraining from giving such information.

Case Example:

Bashin%ton State =hysician !ns. E4ch. O Ass8n v. isons or.

Bashin%ton State =hysicians v. ison

- Ciscovery $ule 26(%)o $equest "or documents relatin% to medication overdose (overdose

ossiility 9nown y comany)o $esonsiility to court "ailure to meet can result in sanctionso R0#E, Ciscovery $esonses /ust ;e,

$equires a si%nature y attorney

:onestly reared in %ood "aith (R0#E /.1) +ot "or delay or to increases liti%ation costs (R0#E /.2)

- ould also e Rule /.$ violationo =enalty would e a%ainst the licenseo $esonsiility to the aro +o restriction a%ainst concealment3 ostruction3 and destruction 7ust

cannot e done unlaw"ullyLiaility

26


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Rule J.1 Responsiilities %artners*+ana'ers* And Super&isory #a"yers

(a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses

comparable managerial authority in a law firm, shall mae reasonable efforts to ensure that the

firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the

&ules of rofessional 2onduct.

(b) A lawyer having direct supervisory authority over another lawyer shall mae reasonable efforts

to ensure that the other lawyer conforms to the &ules of rofessional 2onduct.

(c) A lawyer shall be responsible for another lawyer#s violation of the &ules of rofessional 2onduct

if:

(1) the lawyer orders or, with nowledge of the specific conduct, ratifies the conduct involved

or

(!) the lawyer is a partner or has comparable managerial authority in the law firm in which the

other lawyer practices, or has direct supervisory authority over the other lawyer, and nows of the conduct at a time when its conseuences can be avoided or mitigated but fails to tae

reasonable remedial action.

Rule J.2 Responsiilities A Suordinate #a"yer

(a) A lawyer is bound by the &ules of rofessional 2onduct notwithstanding that the lawyer acted

at the direction of another person.

(b) A subordinate lawyer does not violate the &ules of rofessional 2onduct if that lawyer acts in

accordance with a supervisory lawyer#s reasonable resolution of an arguable uestion of

professional duty.

2

Rule J.1

- !" ordered y oss3 then the oss is also resonsile- !" ar%uale3 erson who ordered will e resonsile- !" unale to imlicate oss3 you will e resonsile

o Law frm has a duty to ta9e reasonale stes to create and

atmoshere5structure so that all lawyers will con"orm to the

rules o" ro"essional conducto J.1>c?

Lawyer will e resonsile "or the actions o" another

lawyer i" the lawyer 9nows aout or ratifes it. Always will e ressure o" lawyers in the frm as

suervisors to not want to 9now or order it

R0#E J.2

- +ot a de"ense that someone ordered you to rea9 the rule- Xuestions that are ovious rule violations

o ;ein% ordered to do action or "ear o" 7o loss will not

insulate the emloyee

J.2>?

- !" the suervisor %ives a command which is reasonale

e4lained as not ein% a violations suervisor will e

unished and not the emloyeeo Dnown as an ar%uale question0o !" no one will ut direction in writin%3 roaly shouldn8t


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Rule /./ Candor 4o"ard 4e 4riunal

(a) A lawyer shall not nowingly:

(1) mae a false statement of fact or law to a tribunal or fail to correct a false statement of

material fact or law previously made to the tribunal by the lawyer

(!) fail to disclose to the tribunal legal authority in the controlling "urisdiction nown to the

lawyer to be directly adverse to the position of the client and not disclosed by opposing

counsel or

($) offer evidence that the lawyer nows to be false. /f a lawyer, the lawyer*s client, or a

witness called by the lawyer, has offered material evidence and the lawyer comes to now of

its falsity, the lawyer shall tae reasonable remedial measures, including, if necessary,

disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a

defendant in a criminal matter, that the lawyer reasonably believes is false.

(b) A lawyer who represents a client in an ad"udicative proceeding and who nows that a person

intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the

proceeding shall tae reasonable remedial measures, including, if necessary, disclosure to the

tribunal.

(c) 6he duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and

apply even if compliance reuires disclosure of information otherwise protected by &ule 1..

(d) /n an ex parte proceeding, a lawyer shall inform the tribunal of all material facts nown to the

lawyer that will enable the tribunal to mae an informed decision, whether or not the facts are

adverse.

2H

Rule /./>a?

- Lawyer shall not 9nowin%ly sumit "alse evidence1. acts2. Turisdiction (must disclose le%al authority to the court in "ront o"

you) Le%al authority must e directly adverse /ust e indin% on the court !" other side has disclosed3 you have no oli%ation to disclose

it.. $elated to 1.2(a) decision o" whether a client will testi"y

nly ale to sto client "rom testi"yin% under . i" the

statement will e "alse.

Bhat can a lawyer do when client threatens to commit er7uryJ (all elow

ermitted under 6th amendment some may e violations o" $ . (a)()

a. 'hreaten5dissuade5remonstrate client +' A+ E$$$. Bithdraw "rom reresentationc. Cisclose to the court er7ured testimonyd. !meach client8s testimony (otion under .)

e. +arrative (re"use to aid in er7ury) (otion under .)". Co nothin% di


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Case Example:

+i4 v. Bhiteside ?relatin% to .(a)@

- Attorney threatened client the court would e notifed i" client committed

er7ury.- lient aealed "or malractice o" attorney

o ;ac9 to Stric3land test *nro"essional error which would li9ely chan%e the outcome o"

the case ourt loo9in% "or an unro"essional error

2I

Rule /./>? Cuty to disclose "alsity

- $equires the lawyer to disclose or imeach or only allow client narrative.

Rule /./>c?

- All duties in (a) and () do to the conclusion o" the roceedin%s (several

interretations)o All reviews e4hausted or e4ired (included in comment section)o Evidence is closed

o Bhen "act fnder e%ins delierationo Bhen trial issues 7ud%ment

Rule /./>d?

- E4 arte roceedin%s are not done individually- ther side must e resent i" communicatin% with the triunal


30/35

- Stric9land element imlicated,1. /ust show unro"essional error2. $easonale the outcome would8ve een dia?>1?@

8 +odel Rule /./>a?>1?o Con8t e misled that the %overnment could have called +ourian0

Statement made y =rosecution

alse statement3 a%reement e4isted etween +ourian and the=rosecutor

es3 violation o" .(a)(1)o +ourian was arrest. ! sumit the %overnment could have called him as

a witness0 statement made y Ce"ense counsel. /ade in closin%

ar%ument irst art is statement not violation o" .(a)(1) Second art is not a statement it is an invitation "or the 7ury to

draw a conclusion ! sumit0 is crucial hrase. +ot a violation o" .(a)(1)

PP

Rule /.J Impartiality And -ecorum 4e 4riunal

A lawyer shall not:

(a) see to influence a "udge, "uror, prospective "uror or other official by means prohibited by law

(b) communicate ex parte with such a person during the proceeding unless authorized to do so by

law or court order

(c) communicate with a "uror or prospective "uror after discharge of the "ury if:

(1) the communication is prohibited by law or court order

(!) the "uror has made nown to the lawyer a desire not to communicate or

($) the communication involves misrepresentation, coercion, duress or harassment or

(d) engage in conduct intended to disrupt a tribunal.

R


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Rule /.6 4rial %ulicity

(a) A lawyer who is participating or has participated in the investigation or litigation of a matter

shall not mae an extra"udicial statement that the lawyer nows or reasonably should now will be

disseminated by means of public communication and will have a substantial lielihood of materially

pre"udicing an ad"udicative proceeding in the matter.

(b) 7otwithstanding paragraph (a), a lawyer may state:

(1) the claim, offense or defense involved and, except when prohibited by law, the identity of

the persons involved

(!) information contained in a public record

($) that an investigation of a matter is in progress

(%) the scheduling or result of any step in litigation

(') a reuest for assistance in obtaining evidence and information necessary thereto

() a warning of danger concerning the behavior of a person involved, when there is reason to

believe that there exists the lielihood of substantial harm to an individual or to the public

interest and

() in a criminal case, in addition to subparagraphs (1) through ():

(i) the identity, residence, occupation and family status of the accused

(ii) if the accused has not been apprehended, information necessary to aid in

apprehension of that person

(iii) the fact, time and place of arrest and

(iv) the identity of investigating and arresting officers or agencies and the length of

the investigation.

(c) 7otwithstanding paragraph (a), a lawyer may mae a statement that a reasonable lawyer

would believe is reuired to protect a client from the substantial undue pre"udicial effect of recent

publicity not initiated by the lawyer or the lawyer#s client. A statement made pursuant to this

paragraph shall be limited to such information as is necessary to mitigate the recent adverse

publicity.

(d) 7o lawyer associated in a firm or government agency with a lawyer sub"ect to paragraph (a)

shall mae a statement prohibited by paragraph (a).

1


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*nited States v. utler

- Attorney "or C3 Kotti3 did not aide y the %a% order in lace y the court.- Rule /.6 $ule ased on thin%s that are ale to e stated (ased on a

sustantial li9elihood)o $easonale li9elihood such dissemination will inter"ere with a "air trial

or otherwise re7udice the due administration o" 7ustice.o Susequent ara%rahs o" thin%s not to sayo !" somethin% is stated in violation it creates a reuttale resumtion

/eanin% the sea9er can reut the alle%ation

• Loo9s at the actual e


33/35

/n representing a client, a lawyer shall not communicate about the sub"ect of the representation

with a person the lawyer nows to be represented by another lawyer in the matter, unless the

lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Rule $./ -ealin' it 0nrepresented %erson

/n dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not

state or imply that the lawyer is disinterested. 5hen the lawyer nows or reasonably should now

that the unrepresented person misunderstands the lawyer*s role in the matter, the lawyer shall

mae reasonable efforts to correct the misunderstanding. 6he lawyer shall not give legal advice to

an unrepresented person, other than the advice to secure counsel, if the lawyer nows or

reasonably should now that the interests of such a person are or have a reasonable possibility of

being in conflict with the interests of the client.

Rule $.$ Respect 7or Ri'ts 4ird %ersons

(a) /n representing a client, a lawyer shall not use means that have no substantial purpose other

than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that

violate the legal rights of such a person.

(b) A lawyer who receives a document or electronically stored information relating to the

representation of the lawyer#s client and nows or reasonably should now that the document or

electronically stored information was inadvertently sent shall promptly notify the sender.

Case Example:

Slot9in v. itiFen8s asualty o. o" +

- Attorney8s reresentin% the insurance comany did not disclose the availale

insurance covera%eo Also3 lied aout the amount availaleo Attorneys were sued ersonally "or additional dama%es.

8 Rule $.1o Attorneys must e truth"ul in statements.o therwise may e held liale "or dama%es which occur as a result.

;roo9s v. ere

- Attorney lied to a rd arty to induce them into a contract- Attorney stated he reresented the client

o $equired Fealous advocacy "or client to %et est deal

PP


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!0SI)ESS %R!#E+S

Rule ./ Reportin' %roessional +isconduct

(a) A lawyer who nows that another lawyer has committed a violation of the &ules of rofessional

2onduct that raises a substantial uestion as to that lawyer#s honesty, trustworthiness or fitness

as a lawyer in other respects, shall inform the appropriate professional authority.

(b) A lawyer who nows that a "udge has committed a violation of applicable rules of "udicial

conduct that raises a substantial uestion as to the "udge#s fitness for office shall inform the

appropriate authority.

(c) 6his &ule does not reuire disclosure of information otherwise protected by &ule 1. or

information gained by a lawyer or "udge while participating in an approved lawyers assistance

program.

Case Examples: (2omparison of 5ieder and 8alla)

- 9ifference based on whether employee is fired by 2lient 3mployer or egal ;ffice 3mployer

o 5ieder egal ;ffice 3mployer is unable to fire for notification under omany then fred

attorney- :LC!+K

o Attorney could not rin% claimo !" counsel ermitted to sue emloyer3 would shi"t the urden o" rules

onto clients- $ule H.

o Ci instead o" may0 under 1.6()

#


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/ust e%in y determinin% whether the dischar%e was wron%"ul

• ;oth Bieder and ;alla were wron%"ully dischar%edo !s there a cause o" action "or itJ

Bieder V es ;alla V +o

Explanations or diFerence:

1) ;urden o" the rules should not "all to the clients2) $ules alone are not enou%h to %et attorney to ehave

/a7ority inion,

- Attorneys will "ollow rules o" ro"essional conduct ecause attorneys "ollow

the law.- ;urden o" $ules should "all on the Attorney (/a7ority inion)

Cissent,

- $ules alone will not romote comliance- /ust have additional social elements- Cissent ar%ues (urden "allin% on the attorney who oeys the laws and who

doesn8t oey the laws)o !nnocent arty or the wron%doerJ

&erall Rule:

- irms cannot dismiss their lawyers "or "ollowin% the rules o" ro"essional

conduct ut a lawyer will never have a cause o" action a%ainst a client "or

wron%"ul dischar%e when client requests violation o" =ro"essional $ule

Documents

Outline Professional Responsability