Documentos de Académico
Documentos de Profesional
Documentos de Cultura
1.0 Terminology
1.1 Competence: representation requires legal knowledge, skill, thoroughness and preparation reasonably
necessary
1.2. Scope of Representation and Allocation of Authority Between Client and Lawyer
• (a) Client’s wishes (subject to c and d)
○ lawyer shall abide by client’s wishes concerning
objectives of representation and (as required 1.4) consult on means
whether to settle
whether to plea, waive jury trial, or whether client will testify
○ lawyer can take actions on behalf of client as is impliedly authorized
• (b) Representation is not endorsement of client’s activities
• (c) Lawyer can limit scope of representation if reasonable and client gives informed consent
• (d) Can’t counsel (or assist) client to engage in conduct that lawyer knows is criminal or fraudulent
○ but may discuss consequences and help make good faith effort to determine law
1.3 Diligence: Lawyer shall act with reasonable diligence and promptness
1.4 Communications
• (a) Lawyer shall
○ (1) promptly inform client of any decision or circumstance where informed consent is required
○ (2) reasonably consult with client about means by which the client’s are to be accomplished
○ (3) keep the client reasonably informed about status of matter
○ (4) promptly comply with reasonable requests for information
○ (5) consult with client about relevant limitation of lawyer’s conduct, when lawyer knows client
expects help not permitted by the Rules or other law
• (b) Lawyer shall explain a matter to extent reasonably necessary to permit the client to make informed
decisions regarding the representation
1.5 Fees
• (a) Lawyer cannot charge unreasonable fee or amount for expenses – factors
○ 1. Time and labor, novelty and difficulty of questions, the skill level needed
○ 2. Likelihood, if apparent to the client, that the acceptance of employment will preclude other
employment
○ 3. Fee customarily charged in locality for similar services
○ 4. Amount involved and result obtained
○ 5. Time limitations imposed by the client or by circumstances
○ 6. Nature and length of professional relationship with client
○ 7. Experience, reputation, and ability of lawyer
○ 8. Whether fee is fixed or contingent
• (b) Scope of rep and basis of rate and expenses shall be communicated to client, preferably in writing,
before or within reasonable time after commencing representation
○ except when the lawyer will charge a regularly represented client on same basis or rate
○ any changes in basis or rate shall be communicated
• (c) Contingent fee allowed, except where prohibited by (d)
○ shall be in writing, signed by client and shall explain way fees is to be determined - including
(i) percentage to the lawyer and (ii) other expenses to be deducted from recovery and (iii)
whether they are deducted before or after contingent fee is calculated and (iv)notification of
any expenses to client whether or not they prevail
○ upon conclusion lawyer shall provide written statement stating the outcome, if there is a recovery,
and showing remittance to client and method of determination
• (d) A Lawyer shall not enter into or collect
○ (1) fee arrangement in domestic relations matter contingent on securing a divorce or amount of
alimony or support or property settlement in lieu thereof
○ (2) contingent fee in criminal case
• (e) Division of fee – between lawyers not in same firm – only if:
○ (1) in proportion to services provided by each lawyer or lawyer assumes joint responsibility
○ (2) client agrees to arrangement in writing, including share each lawyer gets
○ (3) and; total fee is reasonable
1.11 Special Conflicts for Former and Current Government Officers and Employees
• (a) except as otherwise expressly permitted – lawyer who has formerly served as a public officer or
employee of the government:
○ (1) is subject to rule 1.9 and
○ (2) shall not rep client in connection with matter in which lawyer participated personally and
substantially as public officer or employee – unless app government agency gives informed consent
confirmed in writing
• (b) When disqualified under (a) no lawyer in firm may knowingly undertake or continue rep in such matter-
unless:
○ (1) disqualified lawyer is timely screened and apportioned no part of the fee
○ (2) written notice is promptly given to app government agency to enable to ascertain compliance
with Rule
• (c) except as otherwise expressly permitted – lawyer having information he knows is confidentially
government information about a person – acquired when working as a public officer or employee – may not
represent a private client whose interest are adverse to that person in a matter in which the information
could be used to the material disadvantage of that person
○ Confidential government information is information (i) obtained under government authority and
(ii) which, at the time this Rule is applied, the government is prohibited by law from disclosing to the
public or has a legal privilege not to disclose and which is not otherwise available to the public
○ Lawyer’s firm may rep in matter only if disqualified lawyer is timely screened and apportioned no fee
• (d) except as otherwise expressly permitted – lawyer serving currently as a public officer or employee
○ (1) is subject to 1.7 and 1.9 and
○ (2) shall not: (I) participate in a matter in which the lawyer participated personally and substantially
while in private practice or nongovernmental employment, unless app government agency gives
informed consent in writing; or (II) negotiate for private employment with any person involved as
party or as lawyer for party in matter in which the lawyer is participating personally and
substantially, except those serving as a law clerk, adjudicative officer or arbitrator may negotiate for
private employment as permitted by 1.12b
• (e) as used in this Rule –the term matter means
○ (1) any judicial or other proceeding, application, request for a ruling or other determination, contract,
claim, controversy, investigation, charge, accusation, arrest or other
○ (2) any other matter covered by COI rules of the appropriate government agency
1.17 Sale of Law Practice: may sell or purchase practice or area of law practice, including good will, if:
• (a) seller ceases to engage in the private practice of law, or in area of practice that has been sold [in
geographic area] or [jurisdiction](up to jurisdiction to select version) in which practice has been conducted
• (b) entire practice, or area, is sold
• (c) seller gives written notice to each client regarding:
○ (1) proposed sale; (2) client’s right to retain other counsel or take possession of file (3) fact that
client’s consent will be presumed if client does not take action or object with 90 days of receipt of
notice
○ if client cannot be given notice, rep can be transferred only upon entry of order by a court with
jurisdiction
○ seller may disclose to court in camera info relating to rep only to extent necessary to obtain
authorization of file transfer
• (d) fees charged clients shall not be increased by reason of sale
Lawyer as Counselor
2.1 Advisor
• You must exercise independent professional judgment and render candid advice—may refer to moral,
economic, social and political factors relevant to client’s situation
2.2 [deleted]
2.3 Evaluation for Use by Third Persons
• (a) You may provide evaluation of matter affecting client for use of third party if you reasonably believe that
evaluation is compatible with other aspects of CLR
• (b) you must not provide evaluation (unless informed consent) if you know or reasonably should know
that evaluation is likely to affect client’s interests materially and adversely
• (c) information of evaluation is protected by 1.6 except as disclosure is authorized in connection with report
3.2 Expediting Litigation: you must make reasonable effort to expedite litigation consistent with interests of
the client (pandora’s box of acceptable tactics)
3.3 Candor Toward the Tribunal
• (a) You must not knowingly:
○ (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material
fact or law previously made to the tribunal
○ (2) fail to disclose to tribunal legal authority in controlling jurisdiction known to lawyer to be directly
adverse to position of client and not disclosed by opposing counsel
○ (3) offer evidence that you know to be false – if you find out client or witness you called offered false
material evidence you must take reasonable remedial measures, including, if necessary, disclosure
to tribunal
may refuse to offer evidence, other than testimony of D in criminal matter, that you know to
be false
• (b) You must take remedial measures, including, if necessary, disclosure, if you rep a client in adj pro that
you know intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the
proceeding
• (c) duties of (a) and (b) continue to conclusion of proceeding and apply even if otherwise protected by 1.6
• (d) in an ex parte proceeding, you must inform tribunal of all material facts known to you that will enable
tribunal to make an informed decision, whether or not facts are adverse
5.6 Restrictions on Right to Practice: you must not participate in offering or making:
• (a) agreement that restricts right of lawyer to practice after termination of the relationship (partnership,
shareholders, operating, employment, or other similar type) –except an agreement concerning benefits
upon retirement
• (b) an agreement in which restriction is part of the settlement of a client controversy
5.7 Responsibilities Regarding Law-Related Services
• (a) You are subject to Rules with respect to provision of law-related services as defined in (b) if services are
provided:
○ (1) by you in circumstances that are not distinct from lawyer’s provision of legal services to
clients; or
○ (2) in other circumstances by an entity controlled by you or with others if you fail to take
reasonable measures to assure person obtaining the services that they are not legal services
and they are not protected by CLR
• (b) Law-related services: services that (i) might reasonably be performed in conjunction with and in
substance are related to provision of legal services, and (ii) that are not prohibited as unauthorized
practice of law when provided by nonlawyer
Public Service
6.1 Voluntary Pro Bono Public Service: you have professional responsibility to provide legal services to
those unable to pay—should aspire to at least 50 hours per year—should:
• (a) provide substantial majority of 50 hours without fee or expectation of fee to:
○ (1) persons of limited means
○ (2) charitable, religious, civic, community, governmental and education orgs in matters designed
primarily to address needs of persons of limited means
• (b) provide any additional services through:
○ (1) delivery of legal services at no fee or substantially reduced fee to individuals, groups, or orgs
seeking to secure or protect civil rights, civil liberties, or public rights, or charitable, religious, civic,
community, governmental and educational orgs in matters in furtherance of their organizational
purposes, where the payment of standard legal fees would significantly deplete the orgs economic
resources or would otherwise be inappropriate
○ (2) delivery of legal services at a substantial reduced fee to persons of limited means
○ (3) participation in activities for improving the law, legal system or legal profession
• in addition, you should voluntarily contribute financial support to orgs that provide legal services to persons
of limited means
6.2 Accepting Appointments: you must not seek to avoid appointment by tribunal to rep person except for
good cause, as such:
• (a) representing client is likely to violate Rules or other law
• (b) representing client is likely to result in unreasonable financial burden
• (c) the client or cause is so repugnant to you as to likely to impair CLR or your ability to rep client
6.3 Membership in Legal Services Organization
• You may serve as director, officer, or member of a legal services org, apart from the law firm in which you
practice, notwithstanding that the org serves persons having interests adverse to a client of yours
• You must not knowingly participate in a decision or action of the org if/where:
○ (a) if participating would be incompatible with your obligation to a client under Rule 1.7; or
○ (b) where it could have material adverse effect on rep of a client of the org whose interests are
adverse to your client
7.2 Advertising
• (a) You may advertise services through written, recorded or electronic communication, including public
media—subject to 7.1 and 7.3
• (b) You must not give anything of value to a person for recommending your services—except that you may:
○ (1) pay of reasonable costs advertisements or communications permitted by this Rule
○ (2) pay usual charges of legal service plan or not-for-profit of qualified (approval by appropriate
regulatory authority) lawyer referral service
○ (3) pay for a law practice in accordance with 1.17; and
○ (4) refer clients to another lawyer or nonlawyer professional pursuant to agreement not
otherwise prohibited under these Rules that provides for the other person to refer clients or
customers to you, if
(I) the reciprocal referral agreement is not exclusive, and
(II) the client is informed of existence and nature of the agreement
• (c) ads must include name and office address of at least one lawyer or law firm responsible for content