ABA Model Rules of Professional ConductI. Rule 1.0 – Terminologya. Belief; Confirmed in writing; Firm [Cal 1-100(B)(1)]; Fraud; Informed consent [Cal 3-310(A)]; Knowingly; Partner [Cal 1-100(B)(5)]; Reasonable; Reasonable belief; Reasonably should know; Screened; Substantial; Tribunal; Writing [Cal 3-310(A)]II. Rule 1.1 – Competencea. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation [Cal 3-110]i. Legal knowledge and skill - Consult or learn new field; reasonable preparation; in emergency keep assistance limitedii. Thoroughness and preparation – factual and legal inquiry; what is at stakeiii. Keep abreast of changes and engage in CLEIII. Rule 1.2 – Scope of Representation & Allocation of Authority Between Client and Lawyera. Client makes decisions regarding representation and means; lawyer may act under implied authority; client’s decision to settle; client’s decision whether to enter plea, waive a jury or testifyb. Representation is not endorsement of client’s views or activitiesc. Lawyer may limit scope of representation if reasonable & with informed consent of clientd. No counseling to engage in or assist in fraud; discuss consequences; good faith effort to determine law [Cal 3-200(B) & 3-210]i. May require lawyer to withdraw (Rule 1.16)IV. Rule 1.3 – Diligencea. Reasonable diligence and promptness requirement [Cal 3-110(B), B&P Code 6128 (delay)]i. Zealous advocacy; control workload; carry matters to conclusionV. Rule 1.4 – Communicationa. Lawyer shall [Cal 3-500, 3-510, B&P 6068(m)]i. Inform client of matters requiring informed consent (settlement)ii. Reasonably consult with client re the means by which to accomplish the client’s objectivesiii. Keep client reasonably informed re status of matter Promptly comply with reasonable requests for infoiv. Consult re limitations on lawyer’s conductb. Explain to extent reasonably necessary to permit informed decisions by clienti. Fulfill reasonable client expectationsVI. Rule 1.5 – Feesa. No unreasonable fees or unreasonable amounts for expenses based on factors:i. Time, labor, novelty, difficulty, skill requisite; likelihood of precluding other employment; fees customarily charged in locality; amount involved and results obtained; time limitations; nature and length of professional relationship; reputation, experience and skill of lawyer; fixed or contingent fee [Cal 4-200]b. Fee basis to be communicate before/within reasonable time of commencement of representation (preferably in writing)c. Contingent fee must be communicated in writing, signed by client, with particulars [B&P 6146, 6147, 6147.5, 6148]i. Contingency fees not permitted for domestic relations or criminal representationd. Division of fees outside the firm permitted only ifi. Division is proportional to work done or joint responsibility is assumed; Client agrees and agreement confirmed in writing; and fee is reasonable [Cal 2-200]e. ABA Opinion – A lawyer may not bill for more time than she actually spends on a matteri. May not charge for general overhead expenses; only may recoup expenses reasonably incurred in connection with client’s matter as long as charge reflects lawyer’s actual costVII. Rule 1.6 – Confidentialitya. Lawyer shall not reveal confidential information relating to the representation unless the client gives informed consent or disclosure is impliedly authorized [Cal 3-100]b. Information may be revealed to reasonably believed extent necessary to:i. Prevent reasonably certain death or substantial bodily harm1. McClure v. Thompson (Oregon)a. Counsel reasonably believed that disclosure was necessary to prevent further criminal acts regarding the seemingly ongoing crime of the missing childreni. Past conduct is totally privilegedii. Prevent client from committing crime or fraud resulting in substantial injury to financial interests or property (Enron Exception)iii. Prevent, mitigate or rectify substantial injury to financial interestsiv. Secure legal advice re compliance with rulesv. Establish claim or defense re controversy between lawyer and clientvi. Comply with court orderc. City of Reno (Nevada)i. Attorney client privilege not waived when using email1. Client’s reasonable expectation of privacyii. Lawyer must disclose if she uses inadvertently disclosed information VIII. Rule 1.7 – Conflict of Interest: Current Clientsa. No representation if concurrent conflict of interest [Cal 3-310]i. Conflict of interest if1. Representation of one client will be directly adverse to another client; or2. Significant risk that representation of one client will be materially limited by lawyer’s responsibilities to another client, a former client, a third person, or a personal interest of the lawyerb. May represent despite concurrent conflict of interest ifi. Lawyer able to provide competent and dilige。
