Preamble and Scope
These rules are described as “rules of reason” and provide the framework for ethical law practice.
What are the Rules of Professional Conduct?
This standard means not merely that a lawyer personally believes something is true, but that circumstances would support that belief as objectively reasonable.
What is a reasonable belief (or “reasonably believes”)?
When a lawyer and client fundamentally disagree about the means used to pursue the client’s objectives and cannot resolve the dispute, this may occur.
What is withdrawal from representation?
What standard of care does Rule 1.3 require a lawyer to use when representing a client?
What is reasonable diligence and promptness in representing a client.
What is the term for the consent a lawyer must obtain before acting on certain decisions requiring client approval?
What is Informed consent.
This professional duty requires lawyers to keep client information private unless disclosure is permitted or required.
What is confidentiality?
A lawyer working in an unfamiliar practice area may still ethically accept representation if this condition can realistically be achieved.
What is achieving competence through reasonable preparation?
Who has the ultimate authority to decide the goals of legal representation and whether to settle a case?
Who is the client.
What does Rule 1.3 expect a lawyer to do despite opposition, obstruction, or personal inconvenience?
Pursue the client’s matter with commitment, dedication, and zealous advocacy within ethical and legal limits.
What is the obligation to consult with a client about how their goals will be achieved?
What is a consultation?
This role requires a lawyer to provide clients with an informed understanding of their legal rights and obligations.
What is an advisor?
According to the comments, this alone generally cannot be treated as consent when obtaining informed consent from a client.
What is a client’s silence?
This distinction determines whether a lawyer’s discussion of questionable conduct is ethical: analyzing legal consequences versus doing this.
What is recommending or assisting the commission of a crime or fraud?
Does Rule 1.3 require a lawyer to use every possible tactic or advantage for a client?
No. A lawyer is not required to press for every possible advantage and may use professional discretion in how to proceed. The lawyer's duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect.
What must a lawyer do when a client makes a reasonable request for information?
Promptly comply with the request or acknowledge it and provide a timeline for response if immediate compliance is not possible.
These terms distinguish mandatory rules from discretionary provisions within professional conduct rules.
What are “shall/shall not” versus “may”?
This legal skill is described as perhaps the most fundamental because it involves recognizing what legal problems a situation may involve rather than applying specialized knowledge alone.
What is identifying and determining the nature of legal problems?
A lawyer who discovers that conduct previously believed lawful is actually criminal or fraudulent must do this regarding representation in that matter.
What is withdraw from the representation?
What duty does Rule 1.3 impose when a sole practitioner becomes incapacitated or dies?
The lawyer should have a plan in place for another competent lawyer to protect client interests and manage files.
What does Rule 1.4(b) require a lawyer to do to support client decision-making?
Explain matters to the extent reasonably necessary so the client can make informed decisions about the representation.
According to the preamble, this characteristic of the legal profession helps preserve its independence from government domination
What is self-regulation?
If two lawyers sharing office space and occasionally consulting with one another would generally would they be considered a law firm?
What is No
A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer for what three decisions?
Whether to enter a plea, whether to waive a jury trial, and whether the client will testify.
What must a lawyer do if there is uncertainty about whether the attorney-client relationship has ended?
The lawyer should clarify the status of the relationship, preferably in writing, to avoid client confusion.
A client asks their lawyer for an update on the case and also requests a copy of all recent correspondence with opposing counsel. The lawyer delays responding for two weeks due to a busy schedule, even though the information is readily available. Under Rule 1.4, what duty has the lawyer most clearly violated?
What is Prompt communication (or prompt responsiveness).