NO, unless testimony re: NO, unless testimony re: Lawyer acting as advocate uncontested issue or nature/ uncontested issue or nature/ and witness… value of legal services, OR value of legal services, OR disqualifying lawyer would client gives informed substantially hardship client written consent [CRPC [MR 3.7(a)] NO, unless sexual NOT OK if required/ Lawyer having sexual relationship precedes demanded, coerced/ relations w/ client… lawyer-client relationship intimidated, OR continued [MR 1.8(j)] after causing incompetence [CRPC 3-120] NO, unless client gives NO, unless client is Opposing counsel related to informed consent [MR 1.7 informed in writing [CRPC lawyer… C.11] 3-320] (also includes living w/, being client of, AND having intimate personal relationship w/) NO, unless former client NO, unless former client Lawyer representing client gives gives in same/substantially written “informed consent” “informed [MR 1.9(a)] [CRPC 3-310(E)] related matter as former consent” client w/ materially adverse interests… Another lawyer OR family, Family or prior professional Who lawyer may solicit… close personal, or prior relationship [CRPC professional relationship [MR 7.3(a)] Prohibited as solicitation if live telephone in person or by “in-person, “delivered [CRPC significant motive is or real-time electronic telephone” [MR 7.3(a)] pecuniary gain, AND… contact” OK, so long as NOT NOT permitted [CRPC Reciprocal referral exclusive, AND client agreements… informed of agreement [MR 7.2(b)(4)] Must be certified by Must be certified by Board Statement in advertisement/ organization approved by of Legal Specialization solicitation re: lawyer being ABA or state authority, [CRPC 1-400(D)(6)] “certified specialist”… AND name of certifying organization must be ID’d [MR 7.4(b)]
Lawyer acting as advocate and witness… NO, unless testimony re: uncontested issue or nature/ value of legal services, OR disqualifying lawyer would substantially hardship client [MR 3.7(a)] NO, unless testimony re: uncontested issue or nature/ value of legal services, OR client gives informed written consent [CRPC Lawyer having sexual relations w/ client… NO, unless sexual relationship precedes lawyer-client relationship [MR 1.8(j)] NOT OK if required/ demanded, coerced/ intimidated, OR continued after causing incompetence [CRPC 3-120] Opposing counsel related to lawyer… NO, unless client gives informed consent [MR 1.7 C.11] NO, unless client is informed in writing [CRPC 3-320] (also includes living w/, being client of, AND having intimate personal relationship w/) Lawyer representing client in same/substantially related matter as former client w/ materially adverse interests… NO, unless former client gives “informed consent” [MR 1.9(a)] NO, unless former client gives “informed written consent” [CRPC 3-310(E)] Who lawyer may solicit… Another lawyer OR family, close personal, or prior professional relationship [MR 7.3(a)] Family or prior professional relationship [CRPC Prohibited as solicitation if significant motive is pecuniary gain, AND… “in-person, live telephone or real-time electronic contact” [MR 7.3(a)] “delivered in person or by telephone” [CRPC Reciprocal referral agreements… OK, so long as NOT exclusive, AND client informed of agreement [MR 7.2(b)(4)] NOT permitted [CRPC Statement in advertisement/ solicitation re: lawyer being “certified specialist”… Must be certified by organization approved by ABA or state authority, AND name of certifying organization must be ID’d [MR 7.4(b)] Must be certified by Board of Legal Specialization [CRPC 1-400(D)(6)]
Ethical-Lawyering_Dant-Fall-2008.docx