CLIENTS AND DUTIES TO CLIENTS I. Who is the current C? A. Corporate Cs Rule 1.13 B. Prospective Cs Rule 1.

1.18 (Relationship formed when L agrees to represent or fails to clearly refuse) C. Cs who are unable to give direction or are dead Rule 1.14 II. Is there a Law Firm? Defined by Rule 1.0 A. No partnerships with non-Ls Rule 5.7 B. Partners must guide ethical duties of subordinates Rule 5.1 C. Subordinates are liable for clear ethical violations but not ethical for debatable ethical violations Rule 5.2 D. Ls are responsible for actions of non-L subordinates Rule 5.3 E. Sale of Law Firm Rule 1.17 F. No contractual restrictions on practice Rule 5.6 III. Has a duty to a C been violated? A. Duty of competence Rule 1.1 B. Duty of obedience to Cs wishes Rule 1.2 C. Duty of diligence and care Rule 1.3 D. Duty of communication to C Rule 1.4 E. Duty of confidentiality 1. Evidentiary privilege a. Corporate Cs Rule 1.13 b. Prospective Cs Rule 1.18 c. All others RST 123-133 2. Work product RST 136-142 3. Duty of confidence Rule 1.6 4. Duty of safekeeping property/funds Rule 1.15 and Rule 1.5 IV. Is there a conflict of interest? A. Between C and L Rule 1.8 1. Business transactions between C and L Rule 1.8(a) 2. Use of Cs information for Ls benefit Rule 1.8(b) 3. Gifts from C Rule 1.8(c) 4. Financial assistance to C by L Rule 1.8(e) 5. No proprietary interest in Cs litigation by L Rule 1.8(i) 6. L cannot serve as a witness Rule 3.7 B. Between C and Other Cs Rule 1.7 1. Lawyer must not represent Cs with adverse interests to each other Rule 1.7 2. Aggregate settlements Rule 1.8 C. Between C and Former Cs Rule 1.9 D. Influence by Third Parties (client must consent) Rule 1.8 E. If there is a Law Firm, is there a conflict that is imputed Rule 1.10 F. Is there a conflict related to previous government service? - Rule 1.11 and Rule 1.12 V. Withdrawal Rule 1.16 A. C fires the L B. MUST the L withdraw from C? 1. Ls mental/physical condition makes him unable to represent effectively 2. Continued representation would require L to violate law or ethical rules C. MAY the L withdraw from C? 1. For any reason as long as theres no material adverse effect on C 2. For some reasons even if there is a material adverse effect on C a. C persists in fraud/crime b. C has used Ls services to commit past fraud c. Cs objective is repugnant to the L d. C broke a promise to the L e. Representation poses unreasonable financial burden on L f. C will not cooperate with representation D. In ALL cases L must give reasonable notice... OTHER ETHICAL DUTIES I. Duty not to assist in fraud or crime Rule 1.2 II. Duty not to limit malpractice liability Rule 1.8 III. Duty of truthfulness Rule 4.1 IV. Never appear disinterested to unreprsented persons Rule 4.3 V. Duties to a tribunal

A. Not to bring frivolous claims Rule 3.1 B. To expedite litigation Rule 3.2 C. Duty of candor Rule 3.3 D. Impartiality and decorum not try to influence judge/jury Rule 3.5 E. Not to engage in improper trial publicity Rule 3.6 VI. Duties to opponents A. Not to abuse discovery B. Not abuse/suppress/destroy evidence Rule 3.4 C. Not to speak to another Ls C without first speaking to L Rule 4.2 D. MAY advise a person not to voluntarily give information to other party IF 1. Person is a relative, employee, agent of C AND 2. Persons interests wont be harmed by not volunteering E. Special duties of a prosecutor Rule 3.8 FEES AND FEE ARRANGEMENTS I. Fee must be reasonable (based on factors in Rule 1.5) II. Contingency Fees OK (except for divorce/criminal cases) III. No split fees (except for special circumstances in Rule 1.5) IV. No referral fees ROLES OF A LAWYER I. Advisor Rule 2.1 II. Intermediary III. Evaluator Rule 2.3 IV. Mediator Rule 2.4 V. Lobbyist Rule 3.9 COMMUNICATION ABOUT LEGAL SERVICES I. Public communication guidelines Rule 7.1 II. Referrals Rule 7.2 III. Direct contact with prospective clients Rule 7.3 IV. Fields of practice Rule 7.4 V.