Pr - Exam Outline - 2009

Competence

Scope

Diligence

Communication

Fees

Confidentiality

Conflicts - Current

Conflicts - Specific

Former Client Duties

1.1

1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

1.18 Prospective Client Duties

1.17 Sale of Practive

1.16 Withdrawal / Declining

1.15 Property Safekeeping

1.14 Diminished Capacity

1.13 Organizations as Clients

1.12 Former Judge/Arbitrator

1.11 Conflicts - Gov. Lawyers

1.10 Conflicts - Imputation

Terminology

1.0

1 Client-Lawyer Relationship

Evaluation for 3rd Party Serving as a 3rd Party

2.3 2.4

Non-Adjudicative Rep.

Prosecutor Duties

Lawyer as a Witness

Trial Publicity

Influencing the Court

Fairness to Opponent

Candor to Court

Expediting Litigation

Meritorious Claims

4.4

4.3

4.2

4.1

Respect for 3rd Parties

Un-Represented Parties

Represented Parties

Truthfulness in Statements

4 Transactions w/ Non-Clients

3.9

3.8

3.7

3.6

3.5

3.4

3.3

3.2

3.1

3 Advocate

Advising Clients

2.1

2 Counselor

Non-Legal Services

Restrictions on Practicing

Unauthorized Practice

Professional Independence

Non-Lawyer Duties

Subordinate Duties

Supervisor Duties

Limited Legal Services

Law Reform Activities

Legal Svcs. Organizations

Accepting Appointments

Voluntary Pro Bono

Firm Names / Letterhead Political Contributions

7.6

Specialization Ads

Direct Contact

Advertising

False / Misleading Ads

7.5

7.4

7.3

7.2

7.1

7 Advertising

6.5

6.4

6.3

6.2

6.1

6 Public Service

5.7

5.6

5.5

5.4

5.3

5.2

5.1

5 Law Firms

8.5

8.4

8.3

8.2

8.1

Created by: Virgil Royer FREE FOR ALL USAGE Willamette College of Law

Disciplinary Authorities / Juris.

Misconduct

Reporting Prof. Misconduct

Statements about Judges

Bar Admission / Reference

8 Integrity & Misconduct

INDEX

1.8 1.8 1.8 7.2 2.1 6.2 2.4 8.4 1.8 3.3 7.4 3.3 1.15 3.4 1.7 1.4 1.6 1.11 1.13 1.4 1.5 3.3 3.3 1.7 1.2 1.16 4.4 1.14 7.3 1.7 1.8 1.9 8.5 3.3 3.4 3.4 1.15 1.1 3.5 1.5 4.4 2.1 3.3 4.4 2.3 3.4 3.8 3.5 3.2 2.1 3.3 3.3 3.4 1.8 1.8 1.9 1.12 1.2 3.1 3.4 1.8 3.1

Accepting gifts Acquiring a financial interest in case Advancing court / legal costs Advertising Advising clients Appointments Arbitrator (serving as) Assist in misconduct Business transactions w/ client Candor to court Certifications (ads) Client crime / fraud to court Client trust account Client withholding relevant information Co-defendants in criminal case Comply w/ information requests Confidential information Conflicts w/ Government lawyers Constituent of organization representation Consult re: means / objectives Contingent fee agreements Controlling authority (disclosure) Crime / fraud to court (by client) Criminal co-defendants Criminal counsel Declining representation from client Delaying the judicial process Diminished capacity Direct contact w/ prospective clients Directly adverse clients Disadvantage current client Disadvantaging former clients Discipline Disclosing controlling authority (duty to) Discovery requests frivolous Disobeying court orders Disputed funds/property (of client) Disqualified firm lawyers Disrupting a tribunal Division of fees Documents sent inadvertently Duty to advise clients Duty to disclose controlling authority Embarrassing third-parties Evaluation by third-party Evidence falsifying Evidence negating guilt Ex-parte communication Expediting litigation Factors for giving advice to client False evidence to court False statements to court Falsifying evidence Financial assistance to client Financial interest in case Former client duties Former partisan lawyers Fraudulent counsel Frivolous claims Frivolous discovery requests Gifts Good-faith argument (required)

1.11 1.1 1.8 4.4 8.4 3.5 1.4 1.8 3.5 6.4 5.7 3.8 3.7 7.5 6.5 1.8 3.2 1.8 1.8 1.8 3.6 3.8 3.1 8.4 5.7 3.4 3.4 1.13 1.13 1.12 5.4 7.4 3.3 5.5 3.9 5.4 1.18 1.17 8.3 5.6 1.17 1.11 1.12 2.4 1.8 1.8 5.4 1.13 7.3 7.4 8.2 5.5 2.3 1.8 7.5 1.15 5.5 3.8 1.1 1.16 3.4

Government lawyers Conflicts Imputation of conflicts General Imputation of rule 1.8 Conflicts Inadvertantly sent documents Influencing a Judge (misconduct) Influencing Judge Informed consent (PAR) Joint client settlements / pleas Jury communication Law reform activities Law-Related services Lawyer as witness - subpoena Lawyer as witness voluntary Letterhead Limited / temporary legal services Limiting mal-practice liability Litigation (expediting) Loaning client money Mal-practice liability limitations Media rights Media statements by advocate Media statements by prosecutor Meritorious claims Misconduct Non-Legal services Not supported by evidence (matters) Obstruction to evidence Organization as client Organization's constituent representation Partisan lawyer (former) Partnerships w/ non-lawyers Patent atty (ads) Preventing client crime / fraud to court Pro Hac Vice Pro Se parties Professional independence Prospective clients Purchase of practice Reporting misconduct Restrictions on practicing Sale of practice Screening former Government lawyers Screening former Judge / Arbitrator Serving as arbitrator / neutral party Settling a mal-practice suit Sexual relations w/ client Sharing legal fees Simultaneous rep. of organization constituent Solicitation Specialization (advertising) Statements about Judges Temporary legal services Third-party advice for lawyer Third-party payers Trade names for lawyers / firms Trust accounts (for client) Unauthorized practice of law Waiver of pre-trial rights Waiving disqualification Withdrawal Withholding relevant information client

1.1 Competence Requirements: -legal knowledge -skill -thoroughness -preparation 1.2 Scope Requirements: a. must abide by clients decisions and consult w/ client as to means b. representation does NOT imply endorsement of client’s views c. lawyer MAY limit scope IF a. reasonable, and b. client consents d. may NOT counsel client to act criminally or fraudulently 1.3 Diligence Requires: -must act w/ reasonable diligence & promptness 1.4 Communication Guidelines: (a) 1. promptly inform client of decisions & circumstances 2. consult w/ client as to means & objectives 3. keep client informed of case status 4. promptly comply w/ information requests 5. explain limitations of lawyer’s conduct (b) must explain adequately enough for clients to make informed decisions (PAR) 1.5 Fees Requirement: a. fee must be reasonable Factors: 1. time / difficulty / skill required 2. other employment preclusion 3. customary fee 4. amount of controversy / recovery 5. time limitations via client / circum. 6. nature and length of relationship 7. lawyer’s experience / reputation 8. fixed vs. contingent fee b. must communicate scope & fee to client c. contingent fee agreements must be written d. NO CONTINGENT FEE for: 1. domestic 2. criminal e. DIVISION OF FEE Requirements (not same firm): 1. either PROPORTIONATE to the work performed -or- JOINT RESPONSIBILITY and 2. client agrees to division in writing and 3. fee is reasonable

1.6 Confidentiality MAY DISCLOSE information if: a. client consents -or- in furtherance of client’s goals b-1. prevent substantial bodily harm b-2. prevent client from committing crime or fraud b-3. prevent / rectify substantial financial harm b-4. obtain advice for MRPC compliance b-5. defense of malpractice / criminal / civil suit b-6. comply with law -or- court order 1.7 Conflicts - Current Clients (a) NO concurrent conflicts of interest allowed, such as: a-1. directly adverse clients a-2. material limitation on representation ability [Rest. §129] 2+ defendants or potential defendants in the same criminal matter MAY represent when conflicts exist IF: b-1. reasonable belief in competent representation b-2. not prohibited by law b-3. clients are NOT directly adverse (1.7(a)(1)) b-4. EACH client gives WRITTEN consent 1.8 Conflicts - Specific a. business transaction requirements: 1. fair and reasonable AND fully disclosed in writing 2. advised in writing to seek legal advice 3. informed consent in writing (PAR) b. may NOT use information to disadvantage client c. may NOT accept substantial gift unless: -close familial relationship -client has independent counsel or has been advised to seek counsel regarding the gift [Rest. §127(c)] d. may NOT acquire media rights until AFTER representation e. when a lawyer MAY provide financial assistance: 1. court / litigation costs 2. pro-bono / reduction in fees for indigent clients f. requirements for 3rd party payers 1. client gives informed consent 2. NO interference w/ atty-client relationship 3. atty-client information remains protected g. settlement / joint plea offers w/ joint-clients -written consent from EACH client h. agreements to limit malpractice liability / settle MP suits 1. may NOT limit a lawyer’s mal-practice liability unless: -client has independent atty for the agreement 2. may NOT settle a malpractice suit w/ un-rep. person: -unless client has been informed in writing to seek a lawyer AND has been given time to do so i. a lawyer MAY acquire a financial interest by: 1. lien for atty fees 2. contingent fee agreements j. may ONLY have sexual contact if prior relationship existed k. imputation of 1.8 rules applies to ALL firm lawyers except: -provision ( j ) 1.9 Former Client Duties may NOT represent a client whose interests materially differ from a former client unless: (a) a. former client gives informed consent in writing (PAR) b. lawyer may NOT represent a client who was represented by a FIRM the lawyer was previously associated with when interests are materially adverse, AND lawyer acquired material information protected by 1.6 / 1.9(a) c-1. may NOT use info. to disadvantage former clients c-2. may NOT reveal or disclose confidential info. 1

1.10 Conflicts - Imputation General Rule: a. If ANY firm lawyers are disqualified, ALL are disqualified (unless it is a personal disqualification) b. conflicts of FORMER firm lawyers continue to impute disqualification IF the matter is substantially related -or- any remaining lawyer was privy to info. c. disqualification MAY BE WAIVED by informed consent in writing BY the affected clients (PAR) d. gov. lawyer disqualification is governed by 1.11

1.14 Diminished Capacity a. lawyer shall try to maintain a normal client relationship as is reasonable b. lawyer may take reasonable actions to prevent substantial physical, financial or other harm c. lawyer is still bound by rule 1.6nancial or other harm 1.15 Property Safekeeping a. client property & funds must be kept separate (records must be kept for at least 5 years) b. lawyer may keep enough $ in acct. for bank fees c. fees paid in advance MUST be kept in a client trust account & w/drawn only when earned d. must promptly notify client when property is received, AND must comply w/ client requests for funds / property to which they are entitled e. lawyer in possession of disputed property/funds MAY keep such separate until resolution

1.11 Conflicts - Gov. Officers / Employees Requirement for LAWYER to represent a client w/ former connection to gov. matter: a-1 continue to be bound by 1.9(c) a-2. gov. agency gives informed written consent Firm Lawyer MAY represent a client w/ former connection to gov. matter IF: b-1. disqualified atty is timely screened (part.&fees) b-2. prompt written notice given to gov. agency c. a former gov. lawyer may NOT use information obtained from gov. employment to disadvantage a former client d. lawyer CURRENTLY working for government: 1. is subject to rules 1.7 and 1.9 2. shall NOT: i. participate in a matter substantially related to a matter from previous private practice ii. negotiate for employment w/ a party involved e. examples of “matters”

1.16 Withdrawal / Declining MUST withdraw IF: a-1. representation will violate MRPC a-2. lawyer is physically / mentally impaired a-3. lawyer is discharged MAY withdraw IF: (b) 1. can be done w/out material adverse effect 2. client persists in criminal/frudulent behavior 4. repugnancy or fundamental disagreement 5. client fails to fulfill an obligation 6. unreasonable financial burden on lawyer 7. other good cause... c. lawyer must comply w/ laws regarding withdrawal d. after withdrawal, lawyer shall continue to protect former client’s interests (surrendering documents, etc.)

1.12 Former Judge/Arbitrator/Mediator/Clerk MAY represent a formerly connected party IF: a. ALL parties give informed consent in writing b. lawyer shall NOT negotiate for employment with an involved party

1.17 Sale of Practice Requirements to buy / sell a practice: a. seller must cease that kind of practice in that jurisdiction b. the ENTIRE practice or area of practice is sold c. written notice given to EACH client

a CLERK may negotiate AFTER informing the Judge in the matter

A Firm MAY represent formerly connected party IF: c-1. disqualified atty is timely screened (part.&fees) c-2. written notice given to ALL parties AND tribunal d. MAY represent a former connected partisan party

1. notice of proposed sale 2. client’s right to obtain new atty & their file 3. tacit consent will be assumed in 90 days

1.13 Organizations as Clients a. lawyer represents the ORGANIZATION b. lawyer MAY refer matters to higher organization authorities IF a constituent is likely to cause substantial harm c. if despite revealing info to the highest authority, lawyer believes violation will still result, lawyer MAY violate rule 1.6 to prevent injury to the Org. d. lawyers retained to investigate or defend alleged violations of law, are NOT subject to 1.13(c) e. lawyer facing discharge for actions under (b)/(c) MAY inform the organization’s highest authorty of the discharge / withdrawal f. lawyer MUST explain their role when interests of the organization are adverse to a constituent g. lawyer may simultaneously represent a constituent of the organization IF they have informed written consent by ANOTHER appropriate official constituent

d. Fee and scope agreements are honored 1.18 Prospective Client Duties a. IF a person discusses the possibility of forming a client-relationship, they are a prospective client b. even if a client-lawyer relationship does NOT result, a lawyer may NOT disclose info from consultation c. lawyer may NOT represent a prospective client w/ materially adverse interests as a current client IF disqualifying information is received, lawyer may STILL represent client IF: d-1. both affected & prospective clients give informed written consent - or d-2. lawyer avoided exposure to additional info d-2-i. disqualified lawyer is timely screened d-2-ii. written notice promptly given to prospective client

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2.1 Advising Clients Duty: -exercise independent professional judgment & render candid advice Factors a lawyer may consider when advising: -legal -moral -economic -social -political

3.5 Influencing the Court / Judge Lawyers shall NOT: a. unlawfully seek to influence judge/juror/official b. have unauthorized ex-parte communications c. inappropriately communicate w/ juror after trial d. intentionally disrupt a tribunal

2.3 Evaluation for Use by 3rd Party Requirements: a. reasonable belief that the eval. is compatible w/ the atty-client relationship - or b. client gives informed consent c. except as authorized by an evaluation, info related to the evaluation is protected under rule 1.6 2.4 Serving as a 3rd Party (Arbitrator / Mediator) a. IS: assisting 2+ persons who are NOT clients b. MUST inform parties that: -lawyer is NOT representing them -explanation of differences between 3rd-Party Neutrals and “representation” IF any party misunderstands 3.1 Meritorious Claims Requires issues be: -based in law AND fact -non-frivilous -good-faith argument 3.2 Expediting Litigation -Must make reasonable efforts consistent w/ client interests 3.3 Candor to Court Requires: a-1. NO false statements of fact or law, or failure to correct previous false statements a-2. disclose controlling authority adverse to client a-3. NO false evidence may be offered b. prevent / remedy a client’s criminal / fraudulent conduct related to the proceeding c. compliance is required even if violating rule 1.6 d. in ex-parte proceedings, lawyer MUST inform the court of ALL material facts whether or not adverse 3.4 Fairness to Opponent Requires: a. may NOT obstruct access to evidence b. may NOT falsify evidence c. may NOT disobey a valid court obligation d. may NOT request frivolous discovery or fail to produce valid discovery requests e. may NOT allude in trial to matters not supported by evidence & [Rest. §107(2)] f. may NOT request a non-client to withhold relevant info.

3.6 Trial Publicity Lawyers / Firm Members may NOT say: a. make statements w/ substantial likelihood of material prejudice Lawyers / Firm Members MAY say: (b) 1. claim, offense, or defense involved 2. public record information 3. investigation is in progress 4. litigation schedule 5. assistance requests for obtaining info or evidence 6. warnings of danger 7-i. client identity, residence, occupation, and family status 7-ii. information to aid apprehension 7-iii. facts, time & place of arrest 7-iv. identity of investigating / arresting officer(s) c. defensive statements to rebut recent publicity d. firm / gov. lawyers may be subject to 3.6(a) 3.7 Lawyer as Witness Lawyer MAY advocate AND witness IF: a-1. uncontested issue a-2. relates to legal services rendered a-3. disqualification would impose substantial hardship on client Lawyer MAY advocate while a FIRM lawyer is witness UNLESS prohibited by: (b) -rule 1.7 (conflict of interest w/ current client) - or rule 1.9 (duties to former clients) 3.8 Prosecutor Duties Include: a. ONLY prosecute probable causes b. assure the accused opportunity for counsel c. NOT seek waiver for pre-trail rights from pro se d. MUST disclose ALL evidence negating guilt e. NOT calling current / former client lawyers as witnesses UNLESS: 1. unprotected information - or 2. ESSENTIAL evidence, and 3. NO other reasonable means to obtain

f. NOT making extra-judicial comments which may prejudice the accused g. MUST promptly disclose NEW evidence which might negate guilt / conviction 1. must disclose to the court 2-i. must disclose to the defendant 2-ii. must reasonably investigate the validity of the conviction

h. MUST remedy false convictions

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5.4 Non-Lawyer Relationships Lawyers MAY NOT: a. share legal fees w/ non-lawyers

3.9 Non-Adjudicative Representation -Lawyer must disclose to the agency that their appearance is in a representative capacity -Must conform to rules: 3.3(a-c), 3.4(a-c), and 3.5 4.1 Truthfulness in Statements Requires: a. NO material false statements of fact or law b. Disclosure of material fact when necessary to avoid assisting a criminal / fraudulent act by a client 4.2 Represented Parties A Lawyer MAY NOT communicate with UNLESS: -opposing party’s lawyer consents -authorized by law or court order

UNLESS: 1. payments over a reasonable time period to a deceased lawyer’s estate or beneficiaries 2. purchase price of a practice 3. compensation or retirement plans for employees - even if based on profit-sharing 4. court awarded atty fees w/ a retaining or referring NON-PROFIT organization

b. form partnerships w/ non-lawyers c. permit another to direct or regulate their prof. judgment in rendering legal services d.

4.3 Un-Represented Parties (Pro Se) Requirements: -NOT state or imply that the lawyer is disinterested -reasonably ensure the un-represented party understands the lawyer’s role in the matter -NOT give legal advice to the pro se party 4.4 Respect for 3rd Parties Requires: a. NOT using means w/ no other purpose other than to embarrass, delay or burden a 3rd person b. promptly notify the sender of INADVERTENTLY SENT documents relating to a representation 5.1 Supervisor Duties a. MUST reasonably ensure ALL subordinate lawyers comply w/ MRPC b. supervisors MUST make reasonable efforts to ensure compliance by subordinate lawyers Responsible for subordinate violations IF: c-1. orders or ratifies the conduct c-2. knows of the conduct but fails to remedy the action 5.2 Subordinate Duties a. lawyer is bound by the MRCP b. a subordinate lawyer may not be liable for MRPC violations IF: -they act in accordance w/ a supervisor’s REASONABLE resolution of an ARGUABLE question of professional conduct

[Rest. §134(c)] allows a client to consent to another’s direction of the lawyer’s prof. judgment work in a professional corp. / organization IF:

1. non-lawyer owns an interest 2. non-lawyer is a corporate director or officer 3. non-lawyer has the right to direct the lawyer’s professional judgment 5.5 Unauthorized Practice of Law Lawyer MAY NOT: a. practice in violation of jurisdictional regulations b-1. hold a systematic or continuous presence in an un-admitted juris. for the practice of law b-2. advertise or imply that they are admitted to practice in an un-admitted juris. Lawyer MAY provide TEMPORARY services: (c) 1. in association w/ an admitted atty who actively participates 2. w/ pro hac vice 3. providing services that do not require pro hac vice 4. for issues that arise or are related to the atty’s jurisdiction of admission Lawyer may ALWAYS provide services despite admission to the bar IF: d-1. such services do not require pro hac vice d-2. authorized by Federal or other Juris. / Law 5.6 Restrictions on Practicing practice may NOT be limited by: a. restrictions to practice following termination b. restrictions to practice as part of a settlement 5.7 Non-Legal Services (Law-Related Services) Non-Legal services MUST comport w/ MRPC IF: (a) 1. “law-related” services are indistinguishable from “law practice” services 2. lawyer does not take reasonable steps to ensure the customer understands they are NOT receiving “legal services” b. “law-ralated services” are services related to legal services, but may be performed by non-lawyers legally

5.3 Non-Lawyer Duties a. Supervisors MUST reasonably ensure ALL non-lawyers comply w/ the professional obligations of the lawyer b. lawyer MUST make reasonable efforts to ensure non-lawyer observes MRCP Supervisor IS responsible for the violation IF: c-1. they order or ratify the conduct c-2. knows of the conduct but fails to remedy the action

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6.1 Voluntary Pro Bono (lawyers should aspire to 50 hours /year) a-1. to persons of limited means a-2. to charitable, religious, civic, community, gov., and educational - in matters designed for persons of limited means b-1. in protection of: civil rights, civil liberties, and public rights b-2. delivery of services at reduced rates those with limited means b-3. activities aimed at improving the law

7.3 Direct Contact w/ Prospective Clients lawyer MAY have direct contact IF: a-1. prospect is a lawyer a-2. prospect is: family, close personal relationship, prior client or prior professional relationship lawyer may NOT have direct or indirect contact IF: b-1. prospect has made known their desire to NOT be solicited b-2. solicitation involves: coercion, duress, or harassment ALL written / recorded / electronic Ads MUST state: c. the words “Advertising Material” d. lawyer may participate w/ legal service plan IF solicitations do NOT involve those in need of legal legal services in a particular matter

6.2 Accepting Appointments Good causes for avoiding appointment include: a. likely to violate MRPC or other law b. unreasonable financial burden upon atty c. client or cause is repugnant

7.4 Specialization Advertisements lawyer MAY advertise: a. fields of law practiced (vel non) b. Patent Atty. c. Admiralty Atty. d. certifications - - - IF:

6.3 Legal Services Organizations Lawyer may NOT participate in IF: a. incompatible w/ rule 1.7 (conflicts - current client) b. would result in a material adverse effect on a client of the organization

1. by a state-approved or ABA-accredited organization 2. Ad clearly identifies the certifying organization

7.5 Firm Names / Letterhead lawyers MAY use a trade name IF: (a) -does NOT imply a government connection -does NOT imply a connection w/ a public or charitable organization b. firms w/ offices in multiple juris. MAY use the same name - but must identify juris. limitations on lawyers if applicable lawyers holding PUBLIC OFFICE may NOT: c. mention their name in advertisements or communications from or for the firm d. lawyers may imply that they practice in a partnership / firm / organization ONLY when that is the fact

6.4 Law Reform Activities Lawyer MUST disclose: -IF / WHEN the interests of a client may be materially benefitted by a decision 6.5 Non-Profit / Limited Legal Services Programs only subject to rules 1.7 & 1.9(a) IF: a-1. lawyer KNOWS of a conflict of interest only subject to rule 1.10 IF: a-2. lawyer KNOWS that another firm member is disqualified by 1.7 or 1.9(a) b. other than 6.5(a)(2), rule 1.10 is not applicable 7.1 False / Misleading Advertisements (Communications) -Ads regarding services must NOT be false or misleading an ad is false / misleading IF: -contains a material misrepresentation of law or fact -omits a fact necessary to determine if it is misleading

7.6 Political Contributions -lawyers / firms may NOT accept appointments IF they have made / solicited political contributions FOR THE PURPOSE of obtaining appointments

7.2 Advertising a lawyer MAY advertise via: a. written, recorded, electronic, & public media a lawyer MAY give value for referrals IF: (b) 1. for advertisement costs 2. charges for approved referral services 3. purchase price for a practice 4. NON-EXCLUSIVE referral agreements which the client is INFORMED of ALL advertisements MUST include: (c) -lawyer or firm’s name -office address

8.1 Bar Admission / References for Bar Candidates applicants / lawyers shall NOT: a. knowingly make false statements b. -fail to disclose a fact necessary to correct a misapprehension -knowingly fail to respond to a lawful demand for information 8.2 Statements about Judges & Legal Officials lawyer shall NOT make statements: a. known to be false concerning a judge or judicial candidate b. judicial candidates must also follow judicial rules

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8.3 Reporting Professional Misconduct lawyers MUST report IF: a. violation raises a SUBSTANTIAL question as to the lawyer’s: -honesty -trustworthiness, or -fitness to practice b. violation raises a SUBSTANTIAL question as to the judges: (same as in (a)) c. this rule does NOT require violation of rule 1.6 8.4 Misconduct Includes: a. violate or attempt to violate MRPC b. criminal act adverse to: honesty, trustworthiness, or fitness to practice c. conduct involving: dishonesty, fraud, deceit, or misrepresentation d. conduct prejudicial to the admin. of justice e. state or imply ability to influence judge or court f. assist a judge or judicial officer in violating the MRPC 8.5 Disciplinary Authorities / Jurisdictions lawyer may be disciplined in: (a) -lawyer’s admitted jurisdiction -where the conduct occurred -sometimes BOTH jurisdictions for same conduct b-1. choice of law is where the matter pending took place lawyer may NOT be disciplined for: b-2. conduct reasonably believed to have effects occurring in a jurisdiction where such conduct is allowed

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