Model Rules Pertaining To An Attorneys Duty To His Clients

MR 1.1 Competence
A lawyer shall provide competent representation to client, which requires legal knowledge, skill, thoroughness
and preparation reasonably necessary for representation.
MR 1.2 Scope of Representation*
a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of
representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be
pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the
representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the
lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether
to waive jury trial and whether the client will testify.
b) A lawyer's representation of a client, including representation by appointment, does not constitute an
endorsement of the client's political, economic, social or moral views or activities.
c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the
client gives informed consent.
d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or
fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and
may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application
of the law.
MR 1.3 Diligence
A lawyer shall act with reasonable diligence and promptness in representing a client.
MR 1.4 Communication
a) A lawyer shall:
1) Promptly inform the client of any decision or circumstance with respect to which the client's informed consent,
as defined in Rule 1.0(e), is required by these Rules;
2) Reasonably consult with the client about the means by which the client's objectives are to be accomplished;
3) Keep the client reasonably informed about the status of the matter;
4) Promptly comply with reasonable requests for information; and
5) Consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the
client expects assistance not permitted by the Rules of Professional Conduct or other law.

b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed
decisions regarding the representation.
Model Rules Pertaining To An Attorneys Duty To His Clients
MR 1.6 Confidentiality of Information
a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed
consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is
permitted by paragraph (b).
b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably
believes necessary:
1) To prevent reasonably certain death or substantial bodily harm;
2) To prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury
to the financial interests or property of another and in furtherance of which the client has used or is using the
lawyer's services;
3) To prevent, mitigate or rectify substantial injury to the financial interests or property of another that is
reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of
which the client has used the lawyer's services;
4) To secure legal advice about the lawyer's compliance with these Rules;
5) To establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to
establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the
client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of
the client; or
6) To comply with other law or a court order.
MR 1.7 Conflict Of Interest: Current Clients
a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a
concurrent conflict of interest. A concurrent conflict of interest exists if:
1) The representation of one client will be directly adverse to another client; or
2) There is a significant risk that the representation of one or more clients will be materially limited by the
lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the
lawyer.
b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a
client if:
1) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation
to each affected client;

2) The representation is not prohibited by law;

3) The representation does not involve the assertion of a claim by one client against another client represented
by the lawyer in the same litigation or other proceeding before a tribunal; and
4) Each affected client gives informed consent, confirmed in writing.

Model Rules Pertaining To An Attorneys Duty To His Clients

MR 1.10 Imputation Of Conflicts Of Interest: General Rule
a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them
practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless
1) The prohibition is based on a personal interest of the disqualified lawyer and does not present a significant risk
of materially limiting the representation of the client by the remaining lawyers in the firm; or
2) The prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyers association with a
prior firm, and
i. The disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of
the fee therefrom;
ii. Written notice is promptly given to any affected former client to enable the former client to ascertain
compliance with the provisions of this Rule, which shall include a description of the screening procedures
employed; a statement of the firm's and of the screened lawyer's compliance with these Rules; a statement
that review may be available before a tribunal; and an agreement by the firm to respond promptly to any
written inquiries or objections by the former client about the screening procedures; and
iii. Certifications of compliance with these Rules and with the screening procedures are provided to the former
client by the screened lawyer and by a partner of the firm, at reasonable intervals upon the former client's
written request and upon termination of the screening procedures.
b) When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a
person with interests materially adverse to those of a client represented by the formerly associated lawyer and
not currently represented by the firm, unless:
1) The matter is the same or substantially related to that in which the formerly associated lawyer represented
the client; and
2) Any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the
matter.
c) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule
1.7.
d) The disqualification of lawyers associated in a firm with former or current government lawyers is governed by
Rule 1.11.

Model Rules Pertaining To An Attorneys Duty To His Clients

MR 1.14 Client With Diminished Capacity
a) When a client's capacity to make adequately considered decisions in connection with a representation is
diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as
reasonably possible, maintain a normal client-lawyer relationship with the client.
b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical,
financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer
may take reasonably necessary protective action, including consulting with individuals or entities that have the
ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad
litem, conservator or guardian.
c) Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When
taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal
information about the client, but only to the extent reasonably necessary to protect the client's interests.

Model Rules Pertaining To An Attorneys Duty To His Clients

MR 1.16 Declining Or Terminating Representation
a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced,
shall withdraw from the representation of a client if:
1) The representation will result in violation of the rules of professional conduct or other law;
2) The lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or
3) The lawyer is discharged.
b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if:
1) Withdrawal can be accomplished without material adverse effect on the interests of the client;
2) The client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is
criminal or fraudulent;
3) The client has used the lawyer's services to perpetrate a crime or fraud;
4) The client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a
fundamental disagreement;
5) The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been
given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
6) The representation will result in an unreasonable financial burden on the lawyer or has been rendered
unreasonably difficult by the client; or
7) Other good cause for withdrawal exists.
c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a
representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good
cause for terminating the representation.
d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a
client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel,
surrendering papers and property to which the client is entitled and refunding any advance payment of fee or
expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent
permitted by other law.

Model Rules Pertaining To An Attorneys Duty To His Clients

MR 1.18 Duties To Prospective Client
a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a
matter is a prospective client.
b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client
shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former
client.
c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a
prospective client in the same or a substantially related matter if the lawyer received information from the
prospective client that could be significantly harmful to that person in the matter, except as provided in
paragraph (d). If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which
that lawyer is associated may knowingly undertake or continue representation in such a matter, except as
provided in paragraph (d).
d) When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible
if:
1) Both the affected client and the prospective client have given informed consent, confirmed in writing, or:
2) The lawyer who received the information took reasonable measures to avoid exposure to more disqualifying
information than was reasonably necessary to determine whether to represent the prospective client; and
i. The disqualified lawyer is timely screened from any participation in the matter and is apportioned no part
of the fee therefrom; and
ii.
Written notice is promptly given to the prospective client.

Model Rules Pertaining To An Attorney's Duties To Society

MR 2.1 Advisor
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In
rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social
and political factors, that may be relevant to the client's situation.
MR 4.1 Truthfulness in Statements to Others
In the course of representing a client a lawyer shall not knowingly:
a) Make a false statement of material fact or law to a third person; or
b) Fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or
fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

Model Rules Pertaining To An Attorney's Duties To The Court

MR 3.3 Candor Toward The Tribunal
a) A lawyer shall 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 by the lawyer;
2) Fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly
adverse to the position of the client and not disclosed by opposing counsel; or
3) Offer evidence that the lawyer knows to be false. If a lawyer, the lawyers client, or a witness called by the
lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take
reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer
evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is
false.
b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage,
is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable
remedial measures, including, if necessary, disclosure to the tribunal.
c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if
compliance requires disclosure of information otherwise protected by Rule 1.6.
d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will
enable the tribunal to make an informed decision, whether or not the facts are adverse.

Model Rules Pertaining To An Attorney's Duties To The Profession

MR 8.1 Bar Admission & Disciplinary Matters
An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection
with a disciplinary matter, shall not:
a) Knowingly make a false statement of material fact; or
b) Fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the
matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary
authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.6.
MR 8.3 Reporting Lawyer Misconduct
a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that
raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects,
shall inform the appropriate professional authority.
b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a
substantial question as to the judge's fitness for office shall inform the appropriate authority.
c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a
lawyer or judge while participating in an approved lawyers assistance program.
MR 8.4(c) Misconduct
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or
misrepresentation.

Model Rules Pertaining To An Attorney's Duties To The Profession

MR 5.1 Responsibilities of Partners, Managers, & Supervisory Lawyers
a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable
managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures
giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the
other lawyer conforms to the Rules of Professional Conduct.
c) A lawyer shall be responsible for another lawyer's violation of the Rules of Professional Conduct if:
1) The lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
2) The lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer
practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when
its consequences can be avoided or mitigated but fails to take reasonable remedial action.
MR 5.2 Responsibilities of a Subordinate Lawyer
a) A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of
another person.
b) A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a
supervisory lawyer's reasonable resolution of an arguable question of professional duty.