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ABA Model Rules Overview Flashcards
| Front | Back |
| ABA Rule 1.6 Exceptions to Confidentiality | A lawyer may reveal client information: to prevent crime/fraud, secure legal advice, or comply with a court order. |
| Advertising and Solicitation | Lawyers may advertise services but cannot make false or misleading statements or use coercive or improper methods of solicitation. |
| Candor Toward the Tribunal | A lawyer must not knowingly make false statements of fact or law to a tribunal or fail to correct false statements. |
| Client with Diminished Capacity | A lawyer must take reasonable steps to protect the interests of a client with diminished capacity, including seeking a guardian if necessary. |
| Communication with Represented Persons | A lawyer may not communicate about the subject of representation with a person the lawyer knows is represented by counsel without that counsel’s consent |
| Confidentiality of Information | A lawyer must not disclose information relating to the representation of a client unless the client gives informed consent or the disclosure is permitted by the Rules. |
| Conflict of Interest - Business Transactions with Clients | A lawyer must ensure the terms of a business transaction with a client are fair, fully disclosed, and consented to in writing. |
| Conflicts - Former Clients | A lawyer must not represent a new client if the representation is materially adverse to a former client without informed consent, confirmed in writing. |
| Conflicts of Interest - Current Clients | A lawyer must avoid conflicts of interest unless the affected client gives informed consent, confirmed in writing. |
| Declining or Terminating Representation | A lawyer must decline or terminate representation if it will result in violating the Rules or other law, or if the lawyer is physically or mentally unable to continue. |
| Defense Lawyer Duty | A defense lawyer must represent their client zealously, within the bounds of the law, even if the client is guilty. |
| Duties to Prospective Clients | A lawyer owes limited confidentiality and potential conflict-of-interest protection to prospective clients even if no representation is undertaken |
| Duty of Communication | A lawyer must keep the client reasonably informed about the status of their matter and promptly comply with reasonable requests for information. |
| Duty of Competence | A lawyer must provide competent representation, requiring legal knowledge, skill, thoroughness, and preparation. |
| Duty of Diligence | A lawyer must act with reasonable diligence and promptness in representing a client. |
| Duty to Avoid Frivolous Claims | A lawyer must not bring frivolous claims and must have a basis in law and fact for all pleadings and motions. |
| Expediting Litigation | A lawyer must make reasonable efforts to expedite litigation consistent with the client’s interests |
| Fairness to Opposing Party and Counsel | A lawyer must not unlawfully obstruct access to evidence falsify evidence or counsel a witness to testify falsely |
| Fees and Reasonableness | Fees must be reasonable and adequately explained to the client, preferably in writing. |
| Imputation of Conflicts of Interest | Conflicts of interest for one lawyer in a firm are typically imputed to the entire firm unless waived or excepted by the Rules |
| Mandatory Reporting of Rule Violations | A lawyer must report another lawyer’s violation of the Rules if it raises a substantial question regarding their fitness to practice law. |
| Organization as Client | When representing an organization the lawyer represents the entity through its authorized constituents and must act in the organization's best interests |
| Prohibited Solicitation | A lawyer must not solicit professional employment if it involves coercion, duress, harassment, or targets known vulnerabilities. |
| Prosecutorial Responsibilities | A prosecutor must refrain from prosecuting a charge not supported by probable cause and must disclose exculpatory evidence to the defense |
| Responsibilities of Partners and Supervisory Lawyers | Partners and supervisory lawyers must establish reasonable policies to ensure all lawyers in the firm conform to the Rules of Professional Conduct |
| Responsibilities Regarding Nonlawyer Assistance | A lawyer must ensure that nonlawyers they supervise comply with the Rules of Professional Conduct. |
| Safekeeping Property | A lawyer must hold property of clients or third parties separate from their own property in a trust account. |
| Scope of Representation and Client Decisions | The scope of representation is determined by agreement, and the client decides objectives while the lawyer handles tactical decisions. |
| Truthfulness in Statements to Others | A lawyer must not knowingly make false statements of material fact or law nor fail to disclose a material fact when necessary to avoid assisting an illegal act |
| Unauthorized Practice of Law | A lawyer may not practice law in a jurisdiction in violation of its regulations nor assist a nonlawyer in unauthorized practice |
Front
Advertising and Solicitation
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Back
Lawyers may advertise services but cannot make false or misleading statements or use coercive or improper methods of solicitation.
Front
Imputation of Conflicts of Interest
Back
Conflicts of interest for one lawyer in a firm are typically imputed to the entire firm unless waived or excepted by the Rules
Front
Expediting Litigation
Back
A lawyer must make reasonable efforts to expedite litigation consistent with the client’s interests
Front
Declining or Terminating Representation
Back
A lawyer must decline or terminate representation if it will result in violating the Rules or other law, or if the lawyer is physically or mentally unable to continue.
Front
Fairness to Opposing Party and Counsel
Back
A lawyer must not unlawfully obstruct access to evidence falsify evidence or counsel a witness to testify falsely
Front
Prohibited Solicitation
Back
A lawyer must not solicit professional employment if it involves coercion, duress, harassment, or targets known vulnerabilities.
Front
Conflicts - Former Clients
Back
A lawyer must not represent a new client if the representation is materially adverse to a former client without informed consent, confirmed in writing.
Front
Duty of Competence
Back
A lawyer must provide competent representation, requiring legal knowledge, skill, thoroughness, and preparation.
Front
Responsibilities Regarding Nonlawyer Assistance
Back
A lawyer must ensure that nonlawyers they supervise comply with the Rules of Professional Conduct.
Front
Duty to Avoid Frivolous Claims
Back
A lawyer must not bring frivolous claims and must have a basis in law and fact for all pleadings and motions.
Front
Conflicts of Interest - Current Clients
Back
A lawyer must avoid conflicts of interest unless the affected client gives informed consent, confirmed in writing.
Front
Responsibilities of Partners and Supervisory Lawyers
Back
Partners and supervisory lawyers must establish reasonable policies to ensure all lawyers in the firm conform to the Rules of Professional Conduct
Front
Scope of Representation and Client Decisions
Back
The scope of representation is determined by agreement, and the client decides objectives while the lawyer handles tactical decisions.
Front
Communication with Represented Persons
Back
A lawyer may not communicate about the subject of representation with a person the lawyer knows is represented by counsel without that counsel’s consent
Front
Fees and Reasonableness
Back
Fees must be reasonable and adequately explained to the client, preferably in writing.
Front
Prosecutorial Responsibilities
Back
A prosecutor must refrain from prosecuting a charge not supported by probable cause and must disclose exculpatory evidence to the defense
Front
Organization as Client
Back
When representing an organization the lawyer represents the entity through its authorized constituents and must act in the organization's best interests
Front
Defense Lawyer Duty
Back
A defense lawyer must represent their client zealously, within the bounds of the law, even if the client is guilty.
Front
Duty of Diligence
Back
A lawyer must act with reasonable diligence and promptness in representing a client.
Front
Duty of Communication
Back
A lawyer must keep the client reasonably informed about the status of their matter and promptly comply with reasonable requests for information.
Front
Conflict of Interest - Business Transactions with Clients
Back
A lawyer must ensure the terms of a business transaction with a client are fair, fully disclosed, and consented to in writing.
Front
Candor Toward the Tribunal
Back
A lawyer must not knowingly make false statements of fact or law to a tribunal or fail to correct false statements.
Front
Duties to Prospective Clients
Back
A lawyer owes limited confidentiality and potential conflict-of-interest protection to prospective clients even if no representation is undertaken
Front
Client with Diminished Capacity
Back
A lawyer must take reasonable steps to protect the interests of a client with diminished capacity, including seeking a guardian if necessary.
Front
Mandatory Reporting of Rule Violations
Back
A lawyer must report another lawyer’s violation of the Rules if it raises a substantial question regarding their fitness to practice law.
Front
Truthfulness in Statements to Others
Back
A lawyer must not knowingly make false statements of material fact or law nor fail to disclose a material fact when necessary to avoid assisting an illegal act
Front
Safekeeping Property
Back
A lawyer must hold property of clients or third parties separate from their own property in a trust account.
Front
Unauthorized Practice of Law
Back
A lawyer may not practice law in a jurisdiction in violation of its regulations nor assist a nonlawyer in unauthorized practice
Front
Confidentiality of Information
Back
A lawyer must not disclose information relating to the representation of a client unless the client gives informed consent or the disclosure is permitted by the Rules.
Front
ABA Rule 1.6 Exceptions to Confidentiality
Back
A lawyer may reveal client information: to prevent crime/fraud, secure legal advice, or comply with a court order.
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Comprehensive coverage of the ABA Model Rules of Professional Conduct, including key principles, rule interpretations, and applications essential for the MPRE.