Serving those who serve the public

Professional Responsibility& Social Networking

Presented July 16, 2011 by Joe LauberMissouri Municipal Attorneys

AssociationSummer Seminar

Overview of TopicsClient-Lawyer Relationships

Rules 4-1.0 through 4-1.18Transactions with Non-Clients

Rules 4-4.1 through 4-4.4Law Firms and Associations

Rules 4-5.1 through 4-5.7Information about Legal Services

Rules 4-7.1 through 4-7.6Maintaining the Integrity of the Profession

Rules 4-8.1 through 4-8.5

Client-Lawyer Relationships

Rule 4-1.6 Confidentiality of Information

Info relating to representationRule 4-1.7 Conflict of Interest (current client)

Directly adverse Materially limited

Rule 4-1.8 Prohibited Transactions

Use of client information Family relationships

Rule 4-5.5 (Law Firms & Associations)

Unauthorized Practice of Law What is the jurisdiction? Systematic and continuous presence

Client-Lawyer Relationships

Rule 4-1.9 Conflict of Interest (former client)

Same or substantially related matter

Rule 4-1.16 Declining Representation

“Shall” withdraw vs. “may” withdraw

Without material adverse effect

Rule 4-1.18 Duty to Prospective Client

Discussing the possibility of forming a client-lawyer relationship

Interests materially adverse Same or substantially similar

matter

Transactions with Non-Clients

Rule 4-4.1 Truthfulness in Statements to Others

No false statements of material fact Can’t fail to disclose material fact

Rule 4-8.4(c) (Misconduct) No dishonesty, fraud, deceit, or

misrepresentationRule 4-4.2 Communication with represented

party Subject of representation Knows to be represented

Rule 4-4.3 Dealing with Unrepresented Parties

Do not state or imply disinterested Reasonable efforts to correct

misunderstanding

Information About Legal Services

Rule 4-7.1 Communications Regarding Services

No false or misleading communication Material misrepresentation of fact or law or omission of fact Creates unjustified expectation about results No unsubstantiated comparisons

Rule 4-7.2 Advertising

Is social networking covered by “public media”? Keep a copy and record of where and when used for two

years after last dissemination Include the name of at least one lawyer responsible for

content

Rule 4-7.3 Direct Contact with Prospective Clients

No in-person or by live telephone contact unless family or prior professional relationship

Limits on solicitation

Rule 4-7.4 Communicating Fields of Practice

Can communicate fields of law No “specialization”– exceptions

Serving those who serve the public

Municipal Revenue Sources &the Hancock Amendment

Contact Information:Joe LauberLauber Municipal Law, LLC1300 SW Hook RoadLee’s Summit, Missouri 64082(816) 525-7881jlauber@laubermunicipal.com

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About the FirmI established Lauber Municipal Law, LLC, for the purpose of serving local governmental entities of all types and sizes. I have dedicated my entire career to the representation of municipal clients— I have excelled in my practice as a public law attorney starting with “big firm” experience in the public law practice group at one of Kansas City’s largest law firms, then a practice focused exclusively on Missouri economic development law at the region’s busiest bond firm, before returning to a general municipal practice at a boutique municipal law firm in the Kansas City metro area. I can serve your community as its general counsel (City Attorney) or as special counsel for technical issues like economic development incentive approvals, annexation, elections, impeachments, and appellate work.

My goal through Lauber Municipal Law, LLC, is to meld my previous experience together to provide a high-quality, “big firm” work product, while providing the flexibility, personal responsiveness, and cost effectiveness of a small firm. I completely understand public entities’ needs to obtain the most effective representation possible while considering the fact that these services are compensated from a budget made up of public funds. As the motto for Lauber Municipal Law, LLC, states: I am proud to serve those who serve others. My sincere desire is to make that job easier and less stressful for the elected officials and administrative staffs of these entities.