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ABA Model Rules Overview Flashcards
Multistate Professional Responsibility Exam Flashcards
| Front | Back |
| ABA Rule 1.6 Exceptions to Confidentiality | A lawyer may reveal client information: to prevent crime/fraud, secure legal advice, or comply with a court order. |
| Advertising and Solicitation | Lawyers may advertise services but cannot make false or misleading statements or use coercive or improper methods of solicitation. |
| Candor Toward the Tribunal | A lawyer must not knowingly make false statements of fact or law to a tribunal or fail to correct false statements. |
| Client with Diminished Capacity | A lawyer must take reasonable steps to protect the interests of a client with diminished capacity, including seeking a guardian if necessary. |
| Communication with Represented Persons | A lawyer may not communicate about the subject of representation with a person the lawyer knows is represented by counsel without that counsel’s consent |
| Confidentiality of Information | A lawyer must not disclose information relating to the representation of a client unless the client gives informed consent or the disclosure is permitted by the Rules. |
| Conflict of Interest - Business Transactions with Clients | A lawyer must ensure the terms of a business transaction with a client are fair, fully disclosed, and consented to in writing. |
| Conflicts - Former Clients | A lawyer must not represent a new client if the representation is materially adverse to a former client without informed consent, confirmed in writing. |
| Conflicts of Interest - Current Clients | A lawyer must avoid conflicts of interest unless the affected client gives informed consent, confirmed in writing. |
| Declining or Terminating Representation | A lawyer must decline or terminate representation if it will result in violating the Rules or other law, or if the lawyer is physically or mentally unable to continue. |
| Defense Lawyer Duty | A defense lawyer must represent their client zealously, within the bounds of the law, even if the client is guilty. |
| Duties to Prospective Clients | A lawyer owes limited confidentiality and potential conflict-of-interest protection to prospective clients even if no representation is undertaken |
| Duty of Communication | A lawyer must keep the client reasonably informed about the status of their matter and promptly comply with reasonable requests for information. |
| Duty of Competence | A lawyer must provide competent representation, requiring legal knowledge, skill, thoroughness, and preparation. |
| Duty of Diligence | A lawyer must act with reasonable diligence and promptness in representing a client. |
| Duty to Avoid Frivolous Claims | A lawyer must not bring frivolous claims and must have a basis in law and fact for all pleadings and motions. |
| Expediting Litigation | A lawyer must make reasonable efforts to expedite litigation consistent with the client’s interests |
| Fairness to Opposing Party and Counsel | A lawyer must not unlawfully obstruct access to evidence falsify evidence or counsel a witness to testify falsely |
| Fees and Reasonableness | Fees must be reasonable and adequately explained to the client, preferably in writing. |
| Imputation of Conflicts of Interest | Conflicts of interest for one lawyer in a firm are typically imputed to the entire firm unless waived or excepted by the Rules |
| Mandatory Reporting of Rule Violations | A lawyer must report another lawyer’s violation of the Rules if it raises a substantial question regarding their fitness to practice law. |
| Organization as Client | When representing an organization the lawyer represents the entity through its authorized constituents and must act in the organization's best interests |
| Prohibited Solicitation | A lawyer must not solicit professional employment if it involves coercion, duress, harassment, or targets known vulnerabilities. |
| Prosecutorial Responsibilities | A prosecutor must refrain from prosecuting a charge not supported by probable cause and must disclose exculpatory evidence to the defense |
| Responsibilities of Partners and Supervisory Lawyers | Partners and supervisory lawyers must establish reasonable policies to ensure all lawyers in the firm conform to the Rules of Professional Conduct |
| Responsibilities Regarding Nonlawyer Assistance | A lawyer must ensure that nonlawyers they supervise comply with the Rules of Professional Conduct. |
| Safekeeping Property | A lawyer must hold property of clients or third parties separate from their own property in a trust account. |
| Scope of Representation and Client Decisions | The scope of representation is determined by agreement, and the client decides objectives while the lawyer handles tactical decisions. |
| Truthfulness in Statements to Others | A lawyer must not knowingly make false statements of material fact or law nor fail to disclose a material fact when necessary to avoid assisting an illegal act |
| Unauthorized Practice of Law | A lawyer may not practice law in a jurisdiction in violation of its regulations nor assist a nonlawyer in unauthorized practice |
Comprehensive coverage of the ABA Model Rules of Professional Conduct, including key principles, rule interpretations, and applications essential for the MPRE.