Fairness to opposing party and counsel:
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a lawyer shall not unlawfully obstruct evidence, falsify evidence, offer an
inducement to a witness prohibited by law, or make frivolous discovery
requests.
Fees generally:
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Fees must be reasonable and communicated in advance.
,Lawyer as witness:
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A lawyer shall not act as advocate at a trial in which the lawyer is likely to
be a necessary witness unless the testimony relates to an uncontested
issue, the testimony relates to the nature and value of legal services
rendered in the case, or disqualification of the lawyer would pose
substantial hardship on the client.
Ex parte proceedings:
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In an ex parte proceeding (one where the other side is not present), a
lawyer shall inform the tribunal of all material facts known to the lawyer that
will enable the tribunal to make an informed decision, whether or not the
facts are adverse. A lawyer shall not communicate orally about the merits
of a case without adequate notice to the opposing party (a written
communication is okay so long as the other side receives notice).
Judge - Practice of law:
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a full-time judge shall not practice law.
Lawyers currently or formerly in government service:
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They are subject to conflicts rules. Further, they may not otherwise
represent a client in connection with a matter in which the lawyer
participated personally and substantially as a public officer or employee
unless the appropriate government agency gives its informed consent,
confirmed in writing. Tip: "matter" is narrowly defined (meaning specific
facts and parties) and it only covers information actually obtained.
Lawyer representing organization:
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A lawyer owes a duty of loyalty to the organization (not its constituents).
-If a lawyer for an organization knows that a person associated with the
organization is acting or going to act in a manner that is a violation of a
legal obligation to the organization or a violation of law that reasonably
might be imputed to the organization and that is likely to result in
substantial injury to the organization, then the lawyer shall proceed as is
reasonably necessary in the best interests of the organization. The
Sarbanes-Oxley Act imposes additional reporting requirements on
securities lawyers.
Unauthorized practice of law:
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a lawyer may delegate work to non-lawyers, but the lawyer is ultimately
responsible for the product and must sign letters to clients, opposing
counsel, parties, or the court.
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a lawyer shall not unlawfully obstruct evidence, falsify evidence, offer an
inducement to a witness prohibited by law, or make frivolous discovery
requests.
Fees generally:
Give this one a try later!
Fees must be reasonable and communicated in advance.
,Lawyer as witness:
Give this one a try later!
A lawyer shall not act as advocate at a trial in which the lawyer is likely to
be a necessary witness unless the testimony relates to an uncontested
issue, the testimony relates to the nature and value of legal services
rendered in the case, or disqualification of the lawyer would pose
substantial hardship on the client.
Ex parte proceedings:
Give this one a try later!
In an ex parte proceeding (one where the other side is not present), a
lawyer shall inform the tribunal of all material facts known to the lawyer that
will enable the tribunal to make an informed decision, whether or not the
facts are adverse. A lawyer shall not communicate orally about the merits
of a case without adequate notice to the opposing party (a written
communication is okay so long as the other side receives notice).
Judge - Practice of law:
Give this one a try later!
a full-time judge shall not practice law.
Lawyers currently or formerly in government service:
, Give this one a try later!
They are subject to conflicts rules. Further, they may not otherwise
represent a client in connection with a matter in which the lawyer
participated personally and substantially as a public officer or employee
unless the appropriate government agency gives its informed consent,
confirmed in writing. Tip: "matter" is narrowly defined (meaning specific
facts and parties) and it only covers information actually obtained.
Lawyer representing organization:
Give this one a try later!
A lawyer owes a duty of loyalty to the organization (not its constituents).
-If a lawyer for an organization knows that a person associated with the
organization is acting or going to act in a manner that is a violation of a
legal obligation to the organization or a violation of law that reasonably
might be imputed to the organization and that is likely to result in
substantial injury to the organization, then the lawyer shall proceed as is
reasonably necessary in the best interests of the organization. The
Sarbanes-Oxley Act imposes additional reporting requirements on
securities lawyers.
Unauthorized practice of law:
Give this one a try later!
a lawyer may delegate work to non-lawyers, but the lawyer is ultimately
responsible for the product and must sign letters to clients, opposing
counsel, parties, or the court.