Out-of-state Attorneys' Examination Tabs For The Maryland Rules Of Professional Conduct

1.1:Competence – new attorneys can't go alone; must be admitted; confl See 1.7, 1.8(c), 1.9, 2,2 (but 6th amend issue). CJP 6-409 (continuance for new atty)

1.3:must act w/ reasonable diligence. But see CJP 6-407 striking appearance – but see com. 4 1.16 (man. Withdraw)

1.4:communicating with client

1.2(d):False test. prohibited from telling someone to testify falsely; , and can't let him 3.3 – but don't have to tell the court 3.3(a)

1.6:Confidentiality provisions w/ lawyer and when to withdraw. Waiver for collateral pro – p. 595

1.16(c):(mandatory and permissive) Termination – striking See 2-132, 3132 -- see comm

1.8(c):conflicts w/r/t wills – can't prepare a will that gives the lawyer or child money. See 8.4 – can't get around via strawman

1.8(f):Conflicts – it is okay for one person to pay the retainer of another if it really inures to the client

1.8(f):Advance payments by others

1.8(g):disclosure required when negotiating plea agreements w/ one client but not other

1.8(i):Spouse conflicts. Probably not too much of a problem if spouses are not directly involved, esp. if they are in different deparments of a firm.. Must erect Chinese wall or something.

1.15:Commingling IOLTA and property money must be deposited and what is left must be returned. See R. 16-602, 16-603; 16-606; 16-607. Quantum meruit avail

1.6:Confidentiality provisions w/ lawyer and when to withdraw. Waiver for collateral pro

1.6:fees paid by another – okay, so long as the client consents, there is no inteference with the atty-client relationship, and confidentiality is maintained See 1.8

1.5:Fee agreements. Must be reasonable. Probably should be in writing esp. for conting. Must be reasonable (factors). Quantum meruit poss.. See 2-652 (lien on file)

1.5:IOLTA and fee splitting. Must inform of fees of clients that are not in the same firm where client doesn't consent. Can't have a contingency criminal fee.

1.2(d):Secreting assets: Can't really help a client hide assets, and even if you could, it would be discoverable under 3-633 and 2-645 if a judgment became final. CJP 9-119 creates immunity

1.8(f):fees paid by another – okay, so long as the client consents, there is no inteference with the atty-client relationship, and confidentiality is maintained 1.6

1.16(d):IOLTA and property money left must be returned

1.7:Actual conflicts requiring striking of appearance (i.e. where lawyer learns in confidence something that he can't use for his client). Statements must be accepted at face value. Could be cured

3.1:General denials possible – general denials are possible, even if a party just wants to hold the other to their proof of one element. This only applies to money damages See rule 2323(d). General denials not allowed in

3.1:Lawyer should not undertake friv. Rep., but friv. Is tight

3.3:Duty of candor during criminal proceedings.. can disclose when necessary to avoiding fraudulent act. See comments and R. 1.2(d)

3.3(a):prohibited from telling someone to testify falsely; , and can't let him 3.3 – but don't have to tell the court 1.2(d)

3.3(a):Candor issues: can inform court ex parte of specifically false testimony in collateral proceeding. . But see 1.6

3.3(a) and 1.6:Candor issues: can inform court ex parte of specifically false testimony in collateral proceeding. . But see 1.6

3.3(a):prohibited from telling someone to testify falsely; , and can't let him 3.3 – but don't have to tell the court 1.2(d)

3.5:Prohib commun.. only specific intent to influence a jury is forbidden

4.2(a):ex parte conduct prohibition

5.1:partners responsible for what other lawyers do. See MRPC 8.3(a) (reporting)

5.2:subordinate lawyer liability

5.5:unauthorized practice-even if in other state

7.1:ads – can't create expectations, require name of 1 lawyer, and details about expenses

7.3:Anti-ambulance chasing rule

7.4:Advertising – can't advertise oneself as SM expert

8.3:reporting attorney misconduct. However, exception for RPC 1.6 (confid) and CJP 9-108 (atty cl. Priv)

8.4:cooperation with bar counsel required see . 705

8.4:misconduct that prejudices administration of justice or lying

8.4:Catch-all ethical rules (misconduct; prejudicial to justice). See 8.5

8.4:covering things up is professional misconduct

8.5(a)(2):Jurisdiction of MD Bar counsel – extends to non-MD lawyers that do things in MD, including practicing w/o a license under 5.5(a) – conflicts – R. 16-701 defines atty