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MPRE - Coggle Diagram

- - - - can invoke 5 th amendment privilege but must do so openly not simply omit information. Violation of the model rules may prevent admission
  - - - commit a criminal act that adversely reflects on the lawyer's honesty, trustworthiness, or fitness as lawyer
      - engage in conduct involving dishonesty, fraud, deceit, or misrepresentation
      - engage in conduct prejudicial to the administration of justice
      - state or imply an ability to improperly influence government agency or official
      - knowingly assist a judge or judicial officer in a violation of judicial conduct rules or other law
      - engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination
    - - must take reasonable efforts to ensure firm has measures in place that give reasonable assurance that the conduct of all lawyers and non-lawyers conforms to the MR
      - must make reasonable efforts to ensure that the supervised person's conduct conforms to model rules
      - failure to remediate known misconduct
      - must conform to MR even if acting under the direction of a supervising lawyer; not liable for violation of MR if the subordinate acts in accordance with the supervising lawyer's reasonable resolution of an arguable question of PR duty
  - - - the matter must raise a substantial question about the lawyer's honesty, trustworthiness or professional fitness
      - There is no requirement to disclose confidential information protected by the MR
      - the lawyer must have actual knowledge of the misconduct (may be inferred)
      - Similar duty to report judicial misconduct
      - FAILURE to report misconduct may subject the lawyer to discipline
      - the report is privileged from a defamation claim by the other lawyer
  - - - Obligations of purchaser: undertake all client mattes in the practice pr practice area, subject to client consent and conflict of interest constraints
- - - - Material limitation: a lawyer cannot represent a client if there is a significant risk that the representation will be materially limited by the lawyer's responsibilities to current client. EXCEPT: the lawyer reasonably believes that she can provide competent and diligent representation to each affected client, the representation is not prohibited by law, and each client gives informed consent, confirmed in writing
      - need informed consent by each client in a signed writing after full consultation and disclosure by the lawyer
      - Directly Adverse: a lawyer cannot represent a client if doing so would be directly adverse to the interests of another current client (opposing parties in the same lawsuit). An unnamed member of class action is not treated as a client of lawyer who represents class
    - - GR: a lawyer who has previously represented a client in a matter must not subsequently represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the former client's interests. Former client may waive conflict by giving informed consent, confirmed in writing
      - Use of information prohibited if use is adverse to former client unless MR allow, info generally known, waived by client
    - - exception: both affected and prospective clients give informed consent, confirmed in writing, if the lawyer is disqualified, the lawyer's firm is also disqualified unless the lawyer limited the information acquired, was timely screened, and the prospective client was promptly given written notice
      - duty of confidentiality applies to information acquired
- - - - writing: signature by client, calculation methodology of fee, and details of the calculation for deductions for expenses, including whether such expenses are to be deducted before or after the contingency fee is calculated
- - - - For obtaining legal advice
      - Client holds privilege
      - Confidential intent
      - Indefinite duration
- - - - professional discipline: a penalty imposed by the state disciplinary authority for violating the MRPC
      - malpractice: civil liability for damages to compensate a client for injury caused by a lawyer