Confidentiality
In legal proceedings, this evidentiary protection allows a lawyer to withhold materials prepared in anticipation of litigation, even if those materials contain client-related information not communicated in confidence—unless the opposing party demonstrates substantial need and undue hardship.
What is the work product doctrine?
This person is responsible for all of the professional actions of a non-lawyer assistant performing services at that person’s direction.
What is a lawyer?
This judicial body has original jurisdiction over attorney misconduct cases.
Who is the Indiana Supreme Court?
Under Indiana Code § 34-46-3-1, this individual has the primary authority to waive the attorney-client privilege.
Who is the client?
A lawyer must inform the appropriate professional authority when they know another lawyer has committed a violation that raises a substantial question as to these three qualities: honesty, trustworthiness, or this.
What is fitness as a lawyer?
Representing two clients with directly adverse interests in the same lawsuit is an example of this type of conflict.
What is a concurrent conflict of interest?
These are the three pillars of the Indiana Code of Judicial Conduct.
What are Integrity, Independence and Impartiality?
This is something each Judge must attend every September.
What is the Fall Judicial Conference?
An ABA committee said lawyers using this technology must "fully consider" their ethical obligations to protect clients, including duties related to lawyer competence, confidentiality of client data, communication and fees.
What is Artificial Intelligence?
This person is subject to the Indiana Rules of Professional Responsibility, and shall participate in continuing legal education as appropriate to effectively serve clients despite not having the requisite education and licensure to practice law.
What are non-lawyer assistants?
This is the lowest level sanction an attorney can receive if there is a finding of misconduct.
What is private or public reprimand?
According to Indiana Rule of Evidence 502, a disclosure of privileged attorney-client material in a case that was not intentional, and followed by reasonable steps to rectify the error, will be treated as this.
What is an inadvertent disclosure that does not constitute a waiver?
Under Rule 8.3(b), if a lawyer knows a judge has violated judicial conduct rules in a way that raises a substantial question as to this, the lawyer must report it.
What is the judge’s fitness for office?
If a lawyer switches law firms, the new firm may be disqualified from a case if this type of conflict exists.
What is an imputed conflict of interest?
This person is the Executive Director of the Office of Judicial and Attorney Regulation, aka someone you do not want to get a phone call from
Who is Adrienne Meiring?
This is the minimum number of CLE credits each Judge must earn in a three (3) year cycle
What is 54?
According to the Indiana Rules of Professional Conduct, In the event of a lawyer's physical or mental disability or the appointment of a guardian or conservator of an attorney's client files, disclosure of ________ is authorized to the extent necessary to carry out the duties of the person managing the lawyer's files.”
a client's names and files
This type of court-approved admission allows an out-of-state attorney to avoid the unauthorized practice of law and represent a client in a single case without being licensed in that jurisdiction.
What is pro hac vice admission?
This body reviews grievances and determines whether a formal complaint should be filed with the judicial body.
What is the Disciplinary Commission?
In Brown v. Katz (2007) the Indiana Court of Appeals held that to invoke attorney-client privilege one must establish both the existence of an attorney-client relationship and this.
What is a confidential communication?
Rule 8.3(c) provides that reporting is not required if disclosure would involve revealing information protected by this rule.
What is Rule 1.6, confidentiality of information?
A lawyer must check for these before taking on a new matter to avoid conflicts with current or former clients.
What are conflict checks (or conflict of interest checks)?
A judicial robe, social media, and this never ever goes together.
What is anything political?
This is something every Judge must file annually.
What is a Statement of Economic Interest?
Even when no attorney-client relationship exists, lawyers cannot use or reveal information about these individuals.
Who are prospective clients
A person may be charged with this type of crime if they (1) profess to be a practicing attorney; (2) conduct the trial of a case in a court in Indiana; or (3) engage in the business of practicing law without first having been admitted as an attorney by the Indiana Supreme Court.
What is a Class B Misdemeanor
This is the possible sanction for noncooperation with an attorney discipline investigation.
What is immediate suspension from the practice of law?
See In the Matter of: Allison Martinez-Wheeler
Rule 1.6 of the Indiana Rules of Professional Conduct prohibits a lawyer from revealing client information unless permitted or required. One exception that overrides this rule is when the lawyer must be candid to this party.
What is the tribunal?
Rule 8.3(d) establishes that relationships between judges or lawyers acting on behalf of approved assistance programs and participants are considered this type of relationship, carrying confidentiality and privilege.
What is an attorney-client relationship?
Before a lawyer can represent clients with possible conflicts, the clients must give this.
What is consent (or informed consent)
This is the standard for when a judge must recuse him/herself.
What is any situation in any proceeding in which the Judge’s impartiality might reasonably be questioned?
“I did not feel like I had enough information from the testimony at the hearing, so I googled/searched things on my own.” This is an example of -
What is an impermissible ex parte investigation?
When a client accuses their lawyer of misconduct in a disciplinary proceeding, this exception permits the lawyer to reveal confidential information..
What is the self-defense exception under Rule 1.6(b)
CAUTION: An attorney was given this penalty after he assisted a disbarred attorney practice law and failed to notify the trial court as required under Indiana Rule of Professional Conduct
What is three years suspension from practicing law?
This is the standard by which the disciplinary body must prove attorney misconduct in order for the case to be heard before the judicial body
What is higher than a civil case?
In Key v. State (1956), the Indiana Supreme Court held that if the client does this, the attorney-client privilege is waived with respect to that matter.
What is the client testifying about the privileged communication itself?
This type of work, performed by a lawyer for a bar association committee designated by the Indiana Supreme Court, is specifically exempt from Rule 8.3’s reporting requirement.
What is providing advisory opinions or telephone advice on legal ethics?
A lawyer who uses confidential information from a former client to help a new client has breached this duty.
What is the duty of confidentiality?
This is the body/office that receives/handles complaints about judicial officers.
What is the Office of Judicial Qualifications?
“If you write me a ticket, I’ll have your badge. I know the Mayor!” This is an example of a violation of -
What is the Code of Judicial Conduct?