Under In MR… CA… NO [MR 1.2(d)] NO, unless good faith belief Advising client to engage in in law being invalid [CRPC fraudulent/criminal 3-210] conduct… Must disclose [MR 8.1] NO duty to disclose if not Disclosing info re: Bar called upon as reference applicant… [CRPC 1-200(B)] If other state follows MR, Subject to discipline in CA CA lawyer practicing out of subject to discipline there [CRPC 1-100(D)(1)] state w/o admission in [MR 8.5(a)] state… OK [MR 5.5(c)(1)] NO such counterpart in CA Temporarily representing client out of state w/ local associate who actively participates… N/A (b/c in CA) OK [Cal. Rule of Court Non-CA lawyer, 9.48] temporarily in CA, providing legal services in or other “transaction (NOT nonlitigation matter” including arbitration)… Should not be denied [MR Duty of lawyer never to Representation of the 1.2 for reject [B&P 6068(h)] or “defenseless” C.5]… responsibility pro bono [MR BUT, “oppressed”… 6.1]… may reject those whose cause is repugnant [MR 6.2 C.1] May request withdrawal May request withdrawal Withdraw from ONLY if client has been [CRPC 3-700(C)(1)(f)] representation b/c client given reasonable warning paying bill (OR isn’t [MR 1.16(b)(5)] breaching some other contractual obligation)… NO such counterpart in MR NO [CRPC 1-500(B)/B&P Settling legal malpractice 6090.5] claim in exchange for client NOT reporting to state bar… Must not be Must not be General rule re: all or fees… “illegal [MR [CRPC “unreasonable” unconscionable” 1.5(a)]
Under MR… In CA… Advising client to engage in fraudulent/criminal conduct… NO [MR 1.2(d)] NO, unless good faith belief in law being invalid [CRPC 3-210] Disclosing info re: Bar applicant… Must disclose [MR 8.1] NO duty to disclose if not called upon as reference [CRPC 1-200(B)] CA lawyer practicing out of state w/o admission in state… If other state follows MR, subject to discipline there [MR 8.5(a)] Subject to discipline in CA [CRPC 1-100(D)(1)] Temporarily representing client out of state w/ local associate who actively participates… OK [MR 5.5(c)(1)] NO such counterpart in CA Non-CA lawyer, temporarily in CA, providing legal services in “transaction or other nonlitigation matter” (NOT including arbitration)… N/A (b/c in CA) OK [Cal. Rule of Court 9.48] Representation of the “defenseless” or “oppressed”… Should not be denied [MR 1.2 C.5]… responsibility for pro bono [MR 6.1]… BUT, may reject those whose cause is repugnant [MR 6.2 C.1] Duty of lawyer never to reject [B&P 6068(h)] Withdraw from representation b/c client isn’t paying bill (OR breaching some other contractual obligation)… May request withdrawal ONLY if client has been given reasonable warning [MR 1.16(b)(5)] May request withdrawal [CRPC 3-700(C)(1)(f)] Settling legal malpractice claim in exchange for client NOT reporting to state bar… NO such counterpart in MR NO [CRPC 1-500(B)/B&P 6090.5] General rule re: all fees… Must not be “unreasonable” [MR 1.5(a)] Must not be “illegal or unconscionable” [CRPC
Ethical-Lawyering_Dant-Fall-2008.docx