Reasonably believes in Same as in MR, except Lawyer representing client ability to do so, NOT despite concurrent conflict written clients’ “informed illegal, NOT involving [CRPC 3-310(A)] of interest… consent” clients making claims each other, AND clients’ consent “informed [MR confirmed in writing” 1.7(b)] NO interference w/ Same as in MR, except Lawyer accepting client’s lawyer’s professional judgment and fees from 3rd written party… client’s “informed relationship w/ client, [CRPC 3-310(F)] consent” information protected by confidentiality, AND client’s “informed consent” [MR 1.8(b)] Lawyer must refer to higher Lawyer MAY refer to If lawyer representing authority, unless not higher authority (may also organization discovers necessary under urge reconsideration, OR illegal constituent’s circumstances (i.e. NOT in may do nothing) [CRPC actions… best interest of organization) [MR 1.13(b)] Lawyer may reveal Lawyer must withdraw If lawyer representing confidential information if (may NOT reveal) [CRPC organization informs higher reasonably believed to 3-600(C)] authority about prevent substantial injury to actions, and constituent’s organization [MR 1.13(c)] authority does NOT take action… NO such counterpart in MR NO [CRPC 4-400] (other Lawyer purchasing property (likely would be OK if business transactions b/w for client, OR representing meeting requirements for lawyer and client must meet seller when buyer is related business transaction b/w same requirements as MR to lawyer/co-worker… lawyer and client [MR [CRPC 4-300]) 1.8(a)]) OK as advance (MAY agree OK as advance (MAY agree Lawyer paying court to be repaid contingent on to be repaid contingent on costs/expenses of client… outcome), OR if client is also, may loan outcome)… indigent [MR 1.8(e)] $$ after employment w/ promise to repay in writing [CRPC 4-210]
Lawyer representing client despite concurrent conflict of interest… Reasonably believes in ability to do so, NOT illegal, NOT involving clients making claims each other, AND clients’ “informed consent confirmed in writing” [MR 1.7(b)] Same as in MR, except clients’ “informed written consent” [CRPC 3-310(A)] Lawyer accepting client’s fees from 3rd party… NO interference w/ lawyer’s professional judgment and relationship w/ client, information protected by confidentiality, AND client’s “informed consent” [MR 1.8(b)] Same as in MR, except client’s “informed written consent” [CRPC 3-310(F)] If lawyer representing organization discovers constituent’s illegal actions… Lawyer must refer to higher authority, unless not necessary under circumstances (i.e. NOT in best interest of organization) [MR 1.13(b)] Lawyer MAY refer to higher authority (may also urge reconsideration, OR may do nothing) [CRPC If lawyer representing organization informs higher authority about constituent’s actions, and authority does NOT take action… Lawyer may reveal confidential information if reasonably believed to prevent substantial injury to organization [MR 1.13(c)] Lawyer must withdraw (may NOT reveal) [CRPC 3-600(C)] Lawyer purchasing property for client, OR representing seller when buyer is related to lawyer/co-worker… NO such counterpart in MR (likely would be OK if meeting requirements for business transaction b/w lawyer and client [MR 1.8(a)]) NO [CRPC 4-400] (other business transactions b/w lawyer and client must meet same requirements as MR [CRPC 4-300]) Lawyer paying court costs/expenses of client… OK as advance (MAY agree to be repaid contingent on outcome), OR if client is indigent [MR 1.8(e)] OK as advance (MAY agree to be repaid contingent on outcome)… also, may loan $$ after employment w/ promise to repay in writing [CRPC 4-210]
Ethical-Lawyering_Dant-Fall-2008.docx