Under what conditions may lawyers not in the same firm divide a legal fee under ABA Model Rule 1.5(e)?

Fee splitting between lawyers in different firms is permitted ONLY IF: 1. The division is in proportion to the services performed by each lawyer OR each lawyer assumes joint responsibility for the representation; 2. The client agrees to the arrangement, including the share each lawyer will receive, confirmed in writing; and 3. The total fee charged is reasonable.

Under what circumstances is Withdrawal Permissive under ABA Model Rule 1.16(b)?

A lawyer MAY withdraw if: (1) Withdrawal can be accomplished without material adverse effect on client; (2) Client persists in course of action involving lawyer's services lawyer reasonably believes is criminal/fraudulent; (3) Client used lawyer services to perpetrate crime/fraud; (4) Client insists upon taking action lawyer considers repugnant/imprudent; (5) Client fails substantially to fulfill obligation to lawyer (e.g., pay fees) after warning; (6) Unreasonable financial burden; or (7) Other good cause.

When is Withdrawal from representation Mandatory under ABA Model Rule 1.16(a)?

A lawyer MUST withdraw from representing a client if: 1. The representation will result in a violation of the Rules of Professional Conduct or other law; 2. The lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or 3. The lawyer is discharged / fired by the client (client has absolute right to fire lawyer at any time, with or without cause).

What is the 'Substantial Relationship' test for duties owed to Former Clients under ABA Model Rule 1.9(a)?

A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a Substantially Related matter in which that person's interests are Materially Adverse to the interests of the former client, unless the former client gives informed consent, confirmed in writing. Matters are substantially related if they involve the same transaction or legal dispute, or substantial risk confidential factual information from prior representation would materially advance new client's position.

When is a lawyer Mandated to Report Professional Misconduct under ABA Model Rule 8.3?

A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a Substantial Question as to that lawyer's Honesty, Trustworthiness, or Fitness as a lawyer in other respects, SHALL inform the appropriate professional authority. Exception: Does not require disclosure of confidential information protected by Rule 1.6 or information gained participating in an approved lawyer assistance program.

What are the lawyer's mandatory communication duties under ABA Model Rule 1.4?

A lawyer must: (1) Promptly inform client of any decision requiring client's informed consent; (2) Reasonably consult with client about means used to accomplish client's objectives; (3) Keep client reasonably informed about matter status; (4) Promptly comply with reasonable requests for information; (5) Promptly convey all settlement offers or plea bargains; and (6) Explain matters to extent reasonably necessary to permit client to make informed decisions.

What is the Advocate-Witness Rule under Rule 3.7 and its three exceptions?

A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a Necessary Witness, UNLESS: 1. The testimony relates to an Uncontested Issue; 2. The testimony relates to the Nature and Value of Legal Services rendered in the case; or 3. Disqualification of the lawyer would work Substantial Hardship on the client. (Conflict does not impute to other firm lawyers unless Rule 1.7 or 1.9 conflict exists).

What are the lawyer's duties upon Termination of Representation under Rule 1.16(d)?

Upon termination, a lawyer must take steps to the extent reasonably practicable to protect a client's interests, including: (1) Giving reasonable notice to the client; (2) Allowing time for employment of other counsel; (3) Surrendering papers and property to which the client is entitled (files, evidence, work product); and (4) Refunding any advance payment of fee or expense that has not been earned or incurred.

What are the core prohibitions on Advertising and Solicitation under ABA Model Rules 7.1 and 7.3?

• Rule 7.1 (Advertising): A lawyer shall not make a false or misleading communication about the lawyer or services (no material misrepresentations, omissions, or unjustified expectations). • Rule 7.3 (Solicitation): A lawyer shall not solicit professional employment by live person-to-person contact (in-person, live telephone, real-time audio/video) when a significant motive is pecuniary gain, UNLESS target is: (1) A lawyer; (2) Family, close personal, or prior professional relationship; or (3) A person who routinely uses type of legal services for business.

When may a lawyer reveal client confidences to prevent, mitigate, or rectify Financial Injury under Rule 1.6(b)(2)-(3)?

A lawyer may reveal confidences to prevent, mitigate, or rectify substantial injury to the financial interests or property of another, provided: (1) The client has used or is using the lawyer's services in furtherance of a crime or fraud; and (2) Disclosure is reasonably necessary to prevent the harm (Rule 1.6(b)(2)) or to mitigate/rectify substantial financial loss already occurred (Rule 1.6(b)(3)).

What are the restrictions on Gifts, Literary Rights, and Financial Assistance under Rule 1.8(c)-(e)?

• Gifts (Rule 1.8(c)): Lawyer cannot solicit substantial gift or prepare instrument giving lawyer/relative substantial gift unless client is related to donee; • Literary/Media Rights (Rule 1.8(d)): Lawyer cannot negotiate literary/media rights based on representation prior to conclusion of representation; • Financial Assistance (Rule 1.8(e)): Cannot provide financial aid to client in connection with litigation, EXCEPT: advancing court costs/litigation expenses (repayment contingent on outcome), or paying indigent client expenses.

What is the lawyer's duty regarding Candor Toward the Tribunal and Client Perjury under Rule 3.3?

A lawyer shall not knowingly: (1) Make false statement of fact/law; (2) Fail to correct false statement; (3) Fail to disclose controlling legal authority directly adverse to client's position not disclosed by opposing counsel; (4) Offer false evidence. Client Perjury Protocol: If lawyer knows criminal defendant client intends to perjure: (a) Remonstrate with client to dissuade them; (b) Seek permission to withdraw; (c) If withdrawal refused/futile, disclose perjury to tribunal to extent necessary to remedy fraud.

How does Imputed Disqualification operate under Rule 1.10, and when can a conflict be screened?

General Rule: While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited by Rule 1.7 or 1.9. Screening Exception (Rule 1.10(a)(2)): Conflict based on disqualified lawyer's association with prior firm does NOT impute to new firm if: (1) Disqualified lawyer is timely screened from participation; (2) Apportioned no part of the fee; and (3) Written notice is promptly given to affected former client.

How does the Rule 1.6 Duty of Confidentiality differ in scope from the Evidentiary Attorney-Client Privilege?

• Attorney-Client Privilege (Evidentiary Rule): Covers only confidential communications between attorney and client made for the purpose of seeking or obtaining legal advice. Protects lawyer from being compelled to testify in judicial/governmental proceedings. • Duty of Confidentiality (Ethical Rule 1.6): Dramatically broader. Applies at all times and in all contexts to ALL information relating to the representation of a client, regardless of its source, whether confidential, public, or obtained before or during representation.

What factors determine whether a legal fee is 'Reasonable' under ABA Model Rule 1.5(a)?

Fees and expenses must be reasonable considering: (1) Time and labor required, novelty/difficulty of questions, and skill needed; (2) Likelihood acceptance will preclude other employment; (3) Fee customarily charged in locality; (4) Amount involved and results obtained; (5) Time limitations imposed; (6) Nature and length of professional relationship; (7) Experience, reputation, ability of lawyer; (8) Fixed vs. contingent fee nature.

When representing an Organization, to whom does the lawyer owe duty, and what is the 'Reporting Up' protocol under Rule 1.13?

A lawyer represents the Entity acting through constituents, not individual officers/directors. If a corporate constituent is engaged in action likely to result in substantial injury to organization, lawyer MUST proceed as reasonably necessary in best interest of organization, by Reporting Up to higher authority, and if necessary, to the highest authority (Board of Directors). If highest authority fails to act and violation is a crime/fraud, lawyer MAY Report Out under Rule 1.13(c).

What are the rules governing Communications with Represented Persons (Rule 4.2) and Unrepresented Persons (Rule 4.3)?

• Represented Persons (Rule 4.2 'No-Contact Rule'): Lawyer shall not communicate about subject of representation with a person lawyer knows to be represented by counsel in the matter, without opposing counsel's consent or court order. For corporations, applies to: (1) constituents supervising/directing corporate counsel, (2) constituents with authority to obligate entity, (3) whose act/omission imputes to entity. • Unrepresented Persons (Rule 4.3): Cannot state or imply disinterest; cannot give legal advice other than advice to secure counsel.

What conduct violates Rule 3.4 regarding Fairness to Opposing Party and Counsel?

A lawyer shall not: (1) Unlawfully obstruct access to evidence or unlawfully alter, destroy, or conceal documents/materials having potential evidentiary value; (2) Falsify evidence or counsel/assist witness to testify falsely; (3) Make frivolous discovery requests or fail to comply with proper discovery; (4) In trial, allude to inadmissible matters, assert personal knowledge of facts, or state personal opinion on merits/credibility; (5) Request non-client witness to refrain from giving information to other party.

What are the remaining exceptions permitting disclosure of confidential information under Rule 1.6(b)(4)-(7)?

A lawyer may reveal client information to the extent reasonably necessary to: (4) Secure legal advice about the lawyer's compliance with ethics rules; (5) Establish a claim or defense in a controversy between lawyer and client, defend against criminal/civil charges based on conduct client was involved in, or respond to allegations concerning lawyer's representation; (6) Comply with other law or a court order; (7) Detect and resolve conflicts of interest resulting from firm changes/sales.

What standards define Competence (Rule 1.1) and Diligence (Rule 1.3) under the ABA Model Rules?

• Competence (Rule 1.1): Requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. A lawyer can achieve competence through necessary study, association with competent counsel, or in emergencies. • Diligence (Rule 1.3): A lawyer shall act with reasonable diligence and promptness in representing a client, pursuing matters with commitment and dedication without unreasonable procrastination.

What are the mandatory requirements and absolute prohibitions for Contingent Fees under Rule 1.5(c)-(d)?

• Mandatory Requirements: (1) In writing signed by the client; (2) State method by which fee is determined (percentages in settlement, trial, appeal); (3) Specify whether litigation and other expenses are deducted before or after calculating contingent fee. • Prohibitions: Contingent fees are STRICTLY PROHIBITED in: (a) Criminal defense cases, and (b) Domestic relations cases where fee is contingent on securing a divorce, amount of alimony/support, or property settlement.

Under ABA Model Rule 1.2(d), what is the lawyer's duty regarding client crimes or frauds?

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent. However, a lawyer MAY discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good-faith effort to determine the validity, scope, meaning, or application of the law.

What four conditions must be met under Rule 1.7(b) to represent a client despite a concurrent conflict?

A lawyer may represent a client if: (1) Lawyer reasonably believes they will be able to provide competent and diligent representation to each affected client (objective standard); (2) Representation is not prohibited by law; (3) Representation does NOT involve the assertion of a claim by one client against another client in the same litigation or proceeding; and (4) Each affected client gives Informed Consent, Confirmed in Writing.

How does ABA Model Rule 1.2 allocate decision-making authority between lawyer and client in civil and criminal representations?

• Client controls Objectives of representation: (1) Whether to settle a civil matter; (2) In criminal cases: what plea to enter, whether to waive a jury trial, and whether client will testify. • Lawyer controls Technical, Legal, and Tactical means: Choice of discovery methods, what motions to file, which witnesses to examine, and courtroom demeanor, after consulting with client pursuant to Rule 1.4.

When may a lawyer reveal confidential information to prevent Death or Substantial Bodily Harm under Rule 1.6(b)(1)?

A lawyer MAY reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm. Key features: (1) Disclosure is PERMISSIVE, not mandatory under the Model Rules; (2) The harm does not need to be caused by a crime or by the client; and (3) The threat must be imminent or present a present risk of future substantial physical injury.

What constitutes a 'Concurrent Conflict of Interest' under ABA Model Rule 1.7(a)?

A concurrent conflict exists if either: 1. Direct Adversity: The representation of one client will be directly adverse to another client (even in completely unrelated matters); OR 2. Material Limitation: There is a significant risk that representation of one or more clients will be materially limited by lawyer's responsibilities to another client, a former client, a third person, or by a personal interest of the lawyer.

What are the restrictions on Trial Publicity under ABA Model Rule 3.6, and what is the 'Right of Reply'?

A lawyer participating in an investigation or litigation shall not make an extrajudicial statement that lawyer knows or reasonably should know will be disseminated publicly and have a Substantial Likelihood of Materially Prejudicing an adjudicative proceeding. Right of Reply (Rule 3.6(c)): A lawyer may make a statement that a reasonable lawyer would believe is necessary to protect a client from substantial undue prejudicial effect of recent publicity not initiated by lawyer or client (strictly limited to mitigating publicity).

Under the ABA Model Code of Judicial Conduct (CJC Rule 2.11), when must a Judge Disqualify / Recuse themselves?

A judge must disqualify themselves in any proceeding in which the judge's Impartiality Might Reasonably Be Questioned, including where: (1) Judge has personal bias or personal knowledge of disputed facts; (2) Judge served as lawyer in matter or former partner did while associated; (3) Judge or family member has economic interest in matter or party; (4) Judge made public pledge/promise inconsistent with impartial adjudication; (5) Party or lawyer made campaign contribution exceeding threshold.

What are the rules governing Safekeeping of Client Property and Client Trust Accounts under ABA Model Rule 1.15?

1. Prohibition on Commingling: Client funds must be kept separate from lawyer's own funds in a dedicated Client Trust Account (IOLTA); lawyer may deposit own funds ONLY to pay bank service charges; 2. Advance Legal Fees: Must be deposited into client trust account and withdrawn ONLY as fees are earned or expenses incurred; 3. Disputed Funds: When a dispute arises between lawyer and client (or third party) over funds, disputed portion MUST remain in trust account until dispute is resolved; undisputed funds paid promptly.

What special conflict rules govern Former Government Officers and Employees under ABA Model Rule 1.11?

A former government lawyer shall not represent a client in connection with a matter in which the lawyer participated 'Personally and Substantially' as a public officer, unless the appropriate government agency gives informed consent, confirmed in writing. Conflict does not impute to firm if former government lawyer is timely screened, apportioned no fee, and written notice is promptly given to government agency.

What are the requirements for an Aggregate Settlement Agreement under ABA Model Rule 1.8(g)?

A lawyer who represents two or more clients shall not participate in making an aggregate settlement of civil claims (or aggregated plea in criminal cases) UNLESS: (1) Full disclosure is made to each client of all claims, persons involved, total amount, and share each client will receive; and (2) Each client gives Informed Consent in a Writing Signed by the client. Group voting or majority consent is invalid; every single client must consent.

What are the strict requirements for a lawyer entering into a Business Transaction with a client under Rule 1.8(a)?

A lawyer shall not enter into a business transaction with a client or acquire an ownership interest adverse to a client unless: (1) Terms are fair and reasonable to client and fully disclosed in writing in manner reasonably understood by client; (2) Client is advised in writing of desirability of seeking independent legal counsel and given reasonable opportunity to do so; and (3) Client gives informed consent in a writing signed by client to essential terms and lawyer's role.

MPRE Legal Ethics & Professional Responsibility — ABA Model Rules, Confidentiality, Conflicts of Interest & Safekeeping Property

Comprehensive MPRE ethics coverage: ABA Model Rules, client-lawyer relationship, confidentiality, conflicts of interest, client trust accounts, litigation candor, advertising, and judicial conduct.

Level: basic
Languages: en → en
Cards: 32
Markdown: MPRE Legal Ethics & Professional Responsibility — ABA Model Rules, Confidentiality, Conflicts of Interest & Safekeeping Property (.md)

Flashcards (32)

#	Front (Term / Question)	Back (Definition / Answer)
1	Under what conditions may lawyers not in the same firm divide a legal fee under ABA Model Rule 1.5(e)?	Fee splitting between lawyers in different firms is permitted ONLY IF: 1. The division is in proportion to the services performed by each lawyer OR each lawyer assumes joint responsibility for the representation; 2. The client agrees to the arrangement, including the share each lawyer will receive, confirmed in writing; and 3. The total fee charged is reasonable.
2	Under what circumstances is Withdrawal Permissive under ABA Model Rule 1.16(b)?	A lawyer MAY withdraw if: (1) Withdrawal can be accomplished without material adverse effect on client; (2) Client persists in course of action involving lawyer's services lawyer reasonably believes is criminal/fraudulent; (3) Client used lawyer services to perpetrate crime/fraud; (4) Client insists upon taking action lawyer considers repugnant/imprudent; (5) Client fails substantially to fulfill obligation to lawyer (e.g., pay fees) after warning; (6) Unreasonable financial burden; or (7) Other good cause.
3	When is Withdrawal from representation Mandatory under ABA Model Rule 1.16(a)?	A lawyer MUST withdraw from representing a client if: 1. The representation will result in a violation of the Rules of Professional Conduct or other law; 2. The lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or 3. The lawyer is discharged / fired by the client (client has absolute right to fire lawyer at any time, with or without cause).
4	What is the 'Substantial Relationship' test for duties owed to Former Clients under ABA Model Rule 1.9(a)?	A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a Substantially Related matter in which that person's interests are Materially Adverse to the interests of the former client, unless the former client gives informed consent, confirmed in writing. Matters are substantially related if they involve the same transaction or legal dispute, or substantial risk confidential factual information from prior representation would materially advance new client's position.
5	When is a lawyer Mandated to Report Professional Misconduct under ABA Model Rule 8.3?	A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a Substantial Question as to that lawyer's Honesty, Trustworthiness, or Fitness as a lawyer in other respects, SHALL inform the appropriate professional authority. Exception: Does not require disclosure of confidential information protected by Rule 1.6 or information gained participating in an approved lawyer assistance program.
6	What are the lawyer's mandatory communication duties under ABA Model Rule 1.4?	A lawyer must: (1) Promptly inform client of any decision requiring client's informed consent; (2) Reasonably consult with client about means used to accomplish client's objectives; (3) Keep client reasonably informed about matter status; (4) Promptly comply with reasonable requests for information; (5) Promptly convey all settlement offers or plea bargains; and (6) Explain matters to extent reasonably necessary to permit client to make informed decisions.
7	What is the Advocate-Witness Rule under Rule 3.7 and its three exceptions?	A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a Necessary Witness, UNLESS: 1. The testimony relates to an Uncontested Issue; 2. The testimony relates to the Nature and Value of Legal Services rendered in the case; or 3. Disqualification of the lawyer would work Substantial Hardship on the client. (Conflict does not impute to other firm lawyers unless Rule 1.7 or 1.9 conflict exists).
8	What are the lawyer's duties upon Termination of Representation under Rule 1.16(d)?	Upon termination, a lawyer must take steps to the extent reasonably practicable to protect a client's interests, including: (1) Giving reasonable notice to the client; (2) Allowing time for employment of other counsel; (3) Surrendering papers and property to which the client is entitled (files, evidence, work product); and (4) Refunding any advance payment of fee or expense that has not been earned or incurred.
9	What are the core prohibitions on Advertising and Solicitation under ABA Model Rules 7.1 and 7.3?	• Rule 7.1 (Advertising): A lawyer shall not make a false or misleading communication about the lawyer or services (no material misrepresentations, omissions, or unjustified expectations). • Rule 7.3 (Solicitation): A lawyer shall not solicit professional employment by live person-to-person contact (in-person, live telephone, real-time audio/video) when a significant motive is pecuniary gain, UNLESS target is: (1) A lawyer; (2) Family, close personal, or prior professional relationship; or (3) A person who routinely uses type of legal services for business.
10	When may a lawyer reveal client confidences to prevent, mitigate, or rectify Financial Injury under Rule 1.6(b)(2)-(3)?	A lawyer may reveal confidences to prevent, mitigate, or rectify substantial injury to the financial interests or property of another, provided: (1) The client has used or is using the lawyer's services in furtherance of a crime or fraud; and (2) Disclosure is reasonably necessary to prevent the harm (Rule 1.6(b)(2)) or to mitigate/rectify substantial financial loss already occurred (Rule 1.6(b)(3)).
11	What are the restrictions on Gifts, Literary Rights, and Financial Assistance under Rule 1.8(c)-(e)?	• Gifts (Rule 1.8(c)): Lawyer cannot solicit substantial gift or prepare instrument giving lawyer/relative substantial gift unless client is related to donee; • Literary/Media Rights (Rule 1.8(d)): Lawyer cannot negotiate literary/media rights based on representation prior to conclusion of representation; • Financial Assistance (Rule 1.8(e)): Cannot provide financial aid to client in connection with litigation, EXCEPT: advancing court costs/litigation expenses (repayment contingent on outcome), or paying indigent client expenses.
12	What is the lawyer's duty regarding Candor Toward the Tribunal and Client Perjury under Rule 3.3?	A lawyer shall not knowingly: (1) Make false statement of fact/law; (2) Fail to correct false statement; (3) Fail to disclose controlling legal authority directly adverse to client's position not disclosed by opposing counsel; (4) Offer false evidence. Client Perjury Protocol: If lawyer knows criminal defendant client intends to perjure: (a) Remonstrate with client to dissuade them; (b) Seek permission to withdraw; (c) If withdrawal refused/futile, disclose perjury to tribunal to extent necessary to remedy fraud.
13	How does Imputed Disqualification operate under Rule 1.10, and when can a conflict be screened?	General Rule: While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited by Rule 1.7 or 1.9. Screening Exception (Rule 1.10(a)(2)): Conflict based on disqualified lawyer's association with prior firm does NOT impute to new firm if: (1) Disqualified lawyer is timely screened from participation; (2) Apportioned no part of the fee; and (3) Written notice is promptly given to affected former client.
14	How does the Rule 1.6 Duty of Confidentiality differ in scope from the Evidentiary Attorney-Client Privilege?	• Attorney-Client Privilege (Evidentiary Rule): Covers only confidential communications between attorney and client made for the purpose of seeking or obtaining legal advice. Protects lawyer from being compelled to testify in judicial/governmental proceedings. • Duty of Confidentiality (Ethical Rule 1.6): Dramatically broader. Applies at all times and in all contexts to ALL information relating to the representation of a client, regardless of its source, whether confidential, public, or obtained before or during representation.
15	What factors determine whether a legal fee is 'Reasonable' under ABA Model Rule 1.5(a)?	Fees and expenses must be reasonable considering: (1) Time and labor required, novelty/difficulty of questions, and skill needed; (2) Likelihood acceptance will preclude other employment; (3) Fee customarily charged in locality; (4) Amount involved and results obtained; (5) Time limitations imposed; (6) Nature and length of professional relationship; (7) Experience, reputation, ability of lawyer; (8) Fixed vs. contingent fee nature.
16	When representing an Organization, to whom does the lawyer owe duty, and what is the 'Reporting Up' protocol under Rule 1.13?	A lawyer represents the Entity acting through constituents, not individual officers/directors. If a corporate constituent is engaged in action likely to result in substantial injury to organization, lawyer MUST proceed as reasonably necessary in best interest of organization, by Reporting Up to higher authority, and if necessary, to the highest authority (Board of Directors). If highest authority fails to act and violation is a crime/fraud, lawyer MAY Report Out under Rule 1.13(c).
17	What are the rules governing Communications with Represented Persons (Rule 4.2) and Unrepresented Persons (Rule 4.3)?	• Represented Persons (Rule 4.2 'No-Contact Rule'): Lawyer shall not communicate about subject of representation with a person lawyer knows to be represented by counsel in the matter, without opposing counsel's consent or court order. For corporations, applies to: (1) constituents supervising/directing corporate counsel, (2) constituents with authority to obligate entity, (3) whose act/omission imputes to entity. • Unrepresented Persons (Rule 4.3): Cannot state or imply disinterest; cannot give legal advice other than advice to secure counsel.
18	What conduct violates Rule 3.4 regarding Fairness to Opposing Party and Counsel?	A lawyer shall not: (1) Unlawfully obstruct access to evidence or unlawfully alter, destroy, or conceal documents/materials having potential evidentiary value; (2) Falsify evidence or counsel/assist witness to testify falsely; (3) Make frivolous discovery requests or fail to comply with proper discovery; (4) In trial, allude to inadmissible matters, assert personal knowledge of facts, or state personal opinion on merits/credibility; (5) Request non-client witness to refrain from giving information to other party.
19	What are the remaining exceptions permitting disclosure of confidential information under Rule 1.6(b)(4)-(7)?	A lawyer may reveal client information to the extent reasonably necessary to: (4) Secure legal advice about the lawyer's compliance with ethics rules; (5) Establish a claim or defense in a controversy between lawyer and client, defend against criminal/civil charges based on conduct client was involved in, or respond to allegations concerning lawyer's representation; (6) Comply with other law or a court order; (7) Detect and resolve conflicts of interest resulting from firm changes/sales.
20	What standards define Competence (Rule 1.1) and Diligence (Rule 1.3) under the ABA Model Rules?	• Competence (Rule 1.1): Requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. A lawyer can achieve competence through necessary study, association with competent counsel, or in emergencies. • Diligence (Rule 1.3): A lawyer shall act with reasonable diligence and promptness in representing a client, pursuing matters with commitment and dedication without unreasonable procrastination.
21	What are the mandatory requirements and absolute prohibitions for Contingent Fees under Rule 1.5(c)-(d)?	• Mandatory Requirements: (1) In writing signed by the client; (2) State method by which fee is determined (percentages in settlement, trial, appeal); (3) Specify whether litigation and other expenses are deducted before or after calculating contingent fee. • Prohibitions: Contingent fees are STRICTLY PROHIBITED in: (a) Criminal defense cases, and (b) Domestic relations cases where fee is contingent on securing a divorce, amount of alimony/support, or property settlement.
22	Under ABA Model Rule 1.2(d), what is the lawyer's duty regarding client crimes or frauds?	A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent. However, a lawyer MAY discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good-faith effort to determine the validity, scope, meaning, or application of the law.
23	What four conditions must be met under Rule 1.7(b) to represent a client despite a concurrent conflict?	A lawyer may represent a client if: (1) Lawyer reasonably believes they will be able to provide competent and diligent representation to each affected client (objective standard); (2) Representation is not prohibited by law; (3) Representation does NOT involve the assertion of a claim by one client against another client in the same litigation or proceeding; and (4) Each affected client gives Informed Consent, Confirmed in Writing.
24	How does ABA Model Rule 1.2 allocate decision-making authority between lawyer and client in civil and criminal representations?	• Client controls Objectives of representation: (1) Whether to settle a civil matter; (2) In criminal cases: what plea to enter, whether to waive a jury trial, and whether client will testify. • Lawyer controls Technical, Legal, and Tactical means: Choice of discovery methods, what motions to file, which witnesses to examine, and courtroom demeanor, after consulting with client pursuant to Rule 1.4.
25	When may a lawyer reveal confidential information to prevent Death or Substantial Bodily Harm under Rule 1.6(b)(1)?	A lawyer MAY reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm. Key features: (1) Disclosure is PERMISSIVE, not mandatory under the Model Rules; (2) The harm does not need to be caused by a crime or by the client; and (3) The threat must be imminent or present a present risk of future substantial physical injury.
26	What constitutes a 'Concurrent Conflict of Interest' under ABA Model Rule 1.7(a)?	A concurrent conflict exists if either: 1. Direct Adversity: The representation of one client will be directly adverse to another client (even in completely unrelated matters); OR 2. Material Limitation: There is a significant risk that representation of one or more clients will be materially limited by lawyer's responsibilities to another client, a former client, a third person, or by a personal interest of the lawyer.
27	What are the restrictions on Trial Publicity under ABA Model Rule 3.6, and what is the 'Right of Reply'?	A lawyer participating in an investigation or litigation shall not make an extrajudicial statement that lawyer knows or reasonably should know will be disseminated publicly and have a Substantial Likelihood of Materially Prejudicing an adjudicative proceeding. Right of Reply (Rule 3.6(c)): A lawyer may make a statement that a reasonable lawyer would believe is necessary to protect a client from substantial undue prejudicial effect of recent publicity not initiated by lawyer or client (strictly limited to mitigating publicity).
28	Under the ABA Model Code of Judicial Conduct (CJC Rule 2.11), when must a Judge Disqualify / Recuse themselves?	A judge must disqualify themselves in any proceeding in which the judge's Impartiality Might Reasonably Be Questioned, including where: (1) Judge has personal bias or personal knowledge of disputed facts; (2) Judge served as lawyer in matter or former partner did while associated; (3) Judge or family member has economic interest in matter or party; (4) Judge made public pledge/promise inconsistent with impartial adjudication; (5) Party or lawyer made campaign contribution exceeding threshold.
29	What are the rules governing Safekeeping of Client Property and Client Trust Accounts under ABA Model Rule 1.15?	1. Prohibition on Commingling: Client funds must be kept separate from lawyer's own funds in a dedicated Client Trust Account (IOLTA); lawyer may deposit own funds ONLY to pay bank service charges; 2. Advance Legal Fees: Must be deposited into client trust account and withdrawn ONLY as fees are earned or expenses incurred; 3. Disputed Funds: When a dispute arises between lawyer and client (or third party) over funds, disputed portion MUST remain in trust account until dispute is resolved; undisputed funds paid promptly.
30	What special conflict rules govern Former Government Officers and Employees under ABA Model Rule 1.11?	A former government lawyer shall not represent a client in connection with a matter in which the lawyer participated 'Personally and Substantially' as a public officer, unless the appropriate government agency gives informed consent, confirmed in writing. Conflict does not impute to firm if former government lawyer is timely screened, apportioned no fee, and written notice is promptly given to government agency.
31	What are the requirements for an Aggregate Settlement Agreement under ABA Model Rule 1.8(g)?	A lawyer who represents two or more clients shall not participate in making an aggregate settlement of civil claims (or aggregated plea in criminal cases) UNLESS: (1) Full disclosure is made to each client of all claims, persons involved, total amount, and share each client will receive; and (2) Each client gives Informed Consent in a Writing Signed by the client. Group voting or majority consent is invalid; every single client must consent.
32	What are the strict requirements for a lawyer entering into a Business Transaction with a client under Rule 1.8(a)?	A lawyer shall not enter into a business transaction with a client or acquire an ownership interest adverse to a client unless: (1) Terms are fair and reasonable to client and fully disclosed in writing in manner reasonably understood by client; (2) Client is advised in writing of desirability of seeking independent legal counsel and given reasonable opportunity to do so; and (3) Client gives informed consent in a writing signed by client to essential terms and lawyer's role.