The lawyer shall not to an reasonable efforts to correct the misunderstanding. give legal advice unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client. C. LAWYER AS WITNESS - RULE 3.7 Overview Scenario: other side seeks disqualification lawyer’s concern that jury will get confused, and maybe attribute more weight to what lawyer says PP: while wearing both hats N: does NOT apply to pre-trial work! Takeaway: do NOT jump to conclusion that just because lawyer knows something about the case, they are a necessary witness; rather, info must be material look at substantial hardship in light of the complexity of the issue, DJ Investment Group and the size of the file new lawyer will need to gain proficiency with. Imputation example: partner testimony will be adverse to client, thus Rule 1.7 X’s imputes conflict to partner Y I: if counsel opposite calls lawyer to stand, may set higher bar for disqualification, b/c looks like trial maneuvering I: Privilege if client calls lawyer to the stand, have WAIVED privilege lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary “A witness UNLESS: The testimony is to an uncontested issue; The testimony relates to the in the case; or nature and value of legal services rendered Disqualification of the lawyer would work on the substantial hardship client.” A lawyer may act as advocate in a trial in which another lawyer in the firm is likely to lawyer’s be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9 (NO imputation). X. Self Regulation A. RESTRICTIONS ON RIGHT TO PRACTICE - RULE 5.6 Overview GR: can NOT restrict working after termination of relationship. Rule 5.6(a). Exception: can agree to forfeit retirement benefits, but can NOT forfeit pension accrued over time. PP (Comment 1): combating limits to professional autonomy, and supporting the ability of clients to chose their lawyer A lawyer may not agree to restrict his right to practice as part of the settlement of a case. Rule 5.6(b) Need informed consent under Rule 1.2 client’s A lawyer SHALL NOT participate in offering or making:
reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client. C. LAWYER AS WITNESS - RULE 3.7 Overview Scenario: other side seeks lawyer’s disqualification PP: concern that jury will get confused, and maybe attribute more weight to what lawyer says while wearing both hats N: does NOT apply to pre-trial work! Takeaway: do NOT jump to conclusion that just because lawyer knows something about the case, they are a necessary witness; rather, info must be material DJ Investment Group look at substantial hardship in light of the complexity of the issue, and the size of the file new lawyer will need to gain proficiency with. Imputation example: partner X’s testimony will be adverse to client, thus Rule 1.7 imputes conflict to partner Y I: if counsel opposite calls lawyer to stand, may set higher bar for disqualification, b/c looks like trial maneuvering I: Privilege if client calls lawyer to the stand, have WAIVED privilege “A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness UNLESS: The testimony is to an uncontested issue; The testimony relates to the nature and value of legal services rendered in the case; or Disqualification of the lawyer would work substantial hardship on the client.” A lawyer may act as advocate in a trial in which another lawyer in the lawyer’s firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9 (NO imputation). X. Self Regulation A. RESTRICTIONS ON RIGHT TO PRACTICE - RULE 5.6 Overview GR: can NOT restrict working after termination of relationship. Rule 5.6(a). Exception: can agree to forfeit retirement benefits, but can NOT forfeit pension accrued over time. PP (Comment 1): combating limits to professional autonomy, and supporting the ability of clients to chose their lawyer A lawyer may not agree to restrict his right to practice as part of the settlement of a case. Rule 5.6(b) Need client’s informed consent under Rule 1.2 A lawyer SHALL NOT participate in offering or making: