Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different?
|
|
- Warren Fowler
- 8 years ago
- Views:
Transcription
1 Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? By Roseann B. Termini, Esq.
2 What Do You Think? What does effective communication entail? Distinguish between the following statements: Is it ethical? Is it moral? A lawyer advocate, problem solver and? How should an attorney act with diligence? What is zealous advocacy? Top Ethical Practice Pointers * Ø Strive for excellence. Ø Listen intensely to your clients and to opposing counsel. Ø Maintain high competence and integrity. Ø Remember civility is paramount. Ø Keep current- changes in federal and state law. Ø Remember your moral compass. Ø Follow the rules. Ø Play tough but play fair. Ø Treat people with respect. *Source: c Roseann B. Termini, Esq., All rights reserved. Unauthorized use strictly prohibited by law. Food and Drug Law: Federal Regulation of Drugs, Biologics, Medical Devices, Foods, Dietary Supplements, Cosmetics, Veterinary and Tobacco Products 6 th ed.; Volume XII: Professionalism, Politics, Foreign Corrupt Practices, Product Classification, Globalization and the Future available as a stand-alone Ebook. 2
3 Model Rules of Professional Conduct The Rules of Professional Conduct establish minimum standards that all lawyers must for the practice of law in Pennsylvania. The following is the url for the Pennsylvania Rules of Professional Conduct. (last accessed March 13, 2013). Model Rules of Professional Conduct Adoption: Pennsylvania as an Example Client-Lawyer Relationship Rule 1.0 Terminology Rule 1.1 Competence Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer Rule 1.3 Diligence Rule 1.4 Communication Rule 1.5 Fees Rule 1.6 Confidentiality of Information Rule 1.7 Conflict of Interest: Current Clients Rule 1.8 Conflict of Interest: Current Clients: Specific Rules Rule 1.9 Duties to Former Clients Rule 1.10 Imputation of Conflicts of Interest: General Rule Rule 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral Rule 1.13 Organization as Client Rule 1.14 Client with Diminished Capacity Rule 1.15 Safekeeping Property Rule 1.16 Declining or Terminating Representation Rule 1.17 Sale of Law Practice Rule 1.18 Duties to Prospective Client Rule 1.19 Lawyers Acting as Lobbyists Counselor Rule 2.1 Advisor Rule 2.2 [Reserved] Rule 2.3 Evaluation for Use by Third Persons Rule 2.4 Lawyer Serving as Third-Party Neutral Advocate Rule 3.1 Meritorious Claims and Contentions Rule 3.2 Expediting Litigation Rule 3.3 Candor toward the Tribunal 3
4 Rule 3.4 Rule 3.5 Rule 3.6 Rule 3.7 Rule 3.8 Rule 3.9 Fairness to Opposing Party and Counsel Impartiality and Decorum of the Tribunal Trial Publicity Lawyer as Witness Special Responsibilities of a Prosecutor Advocate in Non-adjudicative Proceedings Transactions with Persons Other Than Clients Rule 4.1 Truthfulness in Statements to Others Rule 4.2 Communication with Person Represented by Counsel Rule 4.3 Dealing with Unrepresented Person Rule 4.4 Respect for Rights of Third Persons Law Firms and Associations Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer Rule 5.2 Responsibilities of a Subordinate Lawyer Rule 5.3 Responsibilities Regarding Non-lawyer Assistant Rule 5.4 Professional Independence of a Lawyer Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law Rule 5.6 Restrictions on Rights to Practice Rule 5.7 Responsibilities Regarding Law-related Services Public Service Rule 6.1 Voluntary Pro Bono Public Service Rule 6.2 Accepting Appointments Rule 6.3 Membership in Legal Services Organization Rule 6.4 Law Reform Activities Affecting Client Interests Rule 6.5 Nonprofit and Court Annexed Limited Legal Services Programs Information About Legal Services Rule 7.1 Communication Concerning a Lawyer's Services Rule 7.2 Advertising Rule 7.3 Direct Contact with Prospective Clients Rule 7.4 Communication of Fields of Practice and Specialization Rule 7.5 Firm Names and Letterhead Rule 7.6 [Reserved] Rule 7.7 Lawyer Referral Service Maintaining the Integrity of the Profession Rule 8.1 Bar Admission and Disciplinary Matters Rule 8.2 Judicial and Legal Officials Rule 8.3 Reporting Professional Misconduct Rule 8.4 Misconduct Rule 8.5 Disciplinary Authority; Choice of Law 4
5 Application of the Model Rules of Professional Conduct The interplay of ethical considerations and food and drug law matters has become increasingly significant. All of the rules of Professional Conduct are important. The following are examples of important Rules for this session. CLIENT-LAWYER RELATIONSHIP Rule 1.1. Competence. A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Rule 1.4. Communication (a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. (c) A lawyer in private practice shall inform a new client in writing if the lawyer does not have professional liability insurance of at least $100,000 per occurrence and $300,000 in the aggregate per year, subject to commercially reasonable deductibles, retention or co-insurance, and shall inform existing clients in writing at any time the lawyer s professional liability insurance drops below either of those amounts or the lawyer s professional liability insurance is terminated. A lawyer shall maintain a record of these disclosures for six years after the termination of the representation of a client. Rule 1.6. Confidentiality of Information. (a) A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c). 5
6 (b) A lawyer shall reveal such information if necessary to comply with the duties stated in Rule 3.3. (c) A lawyer may reveal such information to the extent that the lawyer reasonably believes necessary: (1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a criminal act that the lawyer believes is likely to result in substantial injury to the financial interests or property of another; (3) to prevent, mitigate or rectify the consequences of a client s criminal or fraudulent act in the commission of which the lawyer s services are being or had been used; or (4) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim or disciplinary proceeding against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer s representation of the client; or (5) to secure legal advice about the lawyer s compliance with these Rules; or (6) to effectuate the sale of a law practice consistent with Rule (d) The duty not to reveal information relating to representation of a client continues after the client-lawyer relationship has terminated. COUNSELOR Rule 2.1 Advisor In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS Rule 4.1. Truthfulness in Statements to Others. In the course of representing a client a lawyer shall not knowingly: (a) make a false statement of material fact or law to a third person; or (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid aiding and abetting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6. Comment: Misrepresentation (1) A lawyer is required to be truthful when dealing with others on a client s behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements. For dishonest conduct that does not amount to a false statement or for misrepresentations by a lawyer other than in the course of representing a client, see Rule 8.4. Statements of Fact (2) This Rule refers to statements of fact. Whether a particular statement should be regarded as one of fact can depend on the circumstances. Under generally accepted conventions in 6
7 negotiation, certain types of statements ordinarily are not taken as statements of material fact. Estimates of price or value placed on the subject of a transaction and a party s intentions as to an acceptable settlement of a claim are ordinarily in this category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud. Crime or Fraud by Client (3) Under Rule 1.2(d), a lawyer is prohibited from counseling or assisting a client in conduct that the lawyer knows is criminal or fraudulent. Paragraph (b) states a specific application of the principle set forth in Rule 1.2(d) and addresses the situation where a client s crime or fraud takes the form of a lie or misrepresentation. Ordinarily, a lawyer can avoid assisting a client s crime or fraud by withdrawing from the representation. Sometimes it may be necessary for the lawyer to give notice of the fact of withdrawal and to disaffirm an opinion, document, affirmation or the like. In extreme cases, substantive law may require a lawyer to disclose information relating to the representation to avoid being deemed to have assisted the client s crime or fraud. If the lawyer can avoid assisting a client s crime or fraud only by disclosing this information, then under paragraph (b) the lawyer is required to do so, unless the disclosure is prohibited by Rule 1.6. Rule 1.6 permits a lawyer to disclose information when necessary to prevent or rectify certain crimes or frauds. See Rule 1.6(c). If disclosure is permitted by Rule 1.6, then such disclosure is required under this Rule, but only to the extent necessary to avoid assisting a client crime or fraud. MAINTAINING THE INTEGRITY OF THE PROFESSION Rule 8.4. Misconduct. It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer s honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law. 7
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) AInjury@ is harm to
More informationCODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE
CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE The Delaware Paralegal Association advocates that paralegals have an ethical and professional responsibility in the delivery
More informationSUMMARY OF RECENT AMENDMENTS TO THE ARIZONA RULES OF PROFESSIONAL CONDUCT 1
Speaker 11: Daniel McAuliffe of Snell & Wilmer Page 1 SUMMARY OF RECENT AMENDMENTS TO THE ARIZONA RULES OF PROFESSIONAL CONDUCT 1 Rule 1.1 Competence The 2003 amendments to the Arizona Rules of Professional
More informationINTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N
INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N OATH OF ATTORNEY I do solemnly swear: I will support the Constitution of the
More informationLawyer Beware: The New Rules of Professional Responsibility
Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 20, Number 2 (20.2.57) Feature Article By: Bradley C. Nahrstadt Williams Montgomery &
More informationEthical Issues Facing Today s Transportation Lawyers
Ethical Issues Facing Today s Transportation Lawyers R I C K K I S S I N G E R K I S S I N G E R & F E L L M A N, P C D E N V E R, C O M o d e r a t o r L E E P I O V A R C Y M A R T I N, T A T E, M O
More informationThe Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014
The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question
More informationWhat to Do When Your Witness Testimony Doesn t Match His or Her Declaration
What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819
More informationSharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013
Sharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013 Introductions Barbara Marshall, Division Chief, Juvenile Crimes Division, Maricopa County Attorney s Office Michelle
More informationUPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!)
34th Annual Trust and Estate Conference - USC Gould School of Law UPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!) INTRODUCTION
More informationLAWYER TO LAWYER MENTORING PROGRAM WORKSHEET Q INTRODUCTION TO REPORTING LAWYER MISCONDUCT OR UNFITNESS
LAWYER TO LAWYER MENTORING PROGRAM WORKSHEET Q INTRODUCTION TO REPORTING LAWYER MISCONDUCT OR UNFITNESS Worksheet Q is intended to facilitate a discussion about a lawyer s obligation to report lawyer misconduct
More informationWest Virginia Rules of Professional Conduct
Supreme Court of Appeals of West Virginia West Virginia Rules of Professional Conduct Final Engrossed Version Justices Hon. Robin Jean Davis, Chief Justice Hon. Brent D. Benjamin Hon. Margaret L. Workman
More informationINTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS
INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS 1.1 Purpose of Lawyer Discipline Proceedings The purpose of lawyer
More informationINDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT
INDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT PREAMBLE The Indiana Paralegal Association ("IPA") is a professional organization comprised of individual
More informationTENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010
TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE
More informationOregon Code of Professional Responsibility
Oregon Code of Professional Responsibility (06/03) 1 Oregon Code of Professional Responsibility (As approved by the Oregon Supreme Court through June 17, 2003) TABLE OF CONTENTS Disciplinary Rule 1 Maintaining
More informationTHE NEW ILLINOIS RULES OF PROFESSIONAL CONDUCT
THE NEW ILLINOIS RULES OF PROFESSIONAL CONDUCT This paper serves as an introduction into the New Rules of Professional Conduct. It is neither intended to be an exhaustive review of the New Rules nor to
More informationEthical and Professional Responsibility Issues in Environmental Law. Ted Bosquez Vinson & Elkins L.L.P.
Ethical and Professional Responsibility Issues in Environmental Law Ted Bosquez Vinson & Elkins L.L.P. Overview Voluntary Self-Disclosure Mechanisms Ethical Considerations in Self-Disclosure Scenarios
More informationLegal Reviews - Conclusions of Confidentiality For Lawyers
COLORADO RULES OF PROFESSIONAL CONDUCT As adopted by the Colorado Supreme Court on April 12, 2007, Effective Jan. 1, 2008 ANALYSIS BY RULE Preamble and Scope Rule 1.0. Terminology CLIENT-LAWYER RELATIONSHIP
More informationPART V. PROFESSIONAL ETHICS AND CONDUCT
PART V. PROFESSIONAL ETHICS AND CONDUCT Subpart Chap. A. PROFESSIONAL RESPONSIBILITY... 81 B. DISCIPLINARY ENFORCEMENT... 83 C. DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA... 85 D. CODE OF
More informationWho participates in standards work?
Ethics Issues in Standards Work Eric A. Prager Who participates in standards work? Engineers, attorneys Different obligations under ethics rules (cf. antitrust law) 1 Key issues for attorneys Out-of-state
More informationA Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I.
A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. Finding the Case: For the general practitioner of law, most personal injury claims come
More informationEthics Bear Traps for In-House Counsel Michael Aprahamian
Ethics Bear Traps for In-House Counsel Michael Aprahamian Unique Problems Faced by In-House Counsel The general counsel has one foot planted firmly in the shifting, treacherous terrain of the law, and
More informationTHE AMERICAN LAW INSTITUTE. A Concise Restatement LAWYERS. Compiled. VINCENT R. JOHNSON Professor of Law St. Mary's University School of Law.
AUG 0 3 2009 THE AMERICAN LAW INSTITUTE A Concise Restatement of THE LAW GOVERNING LAWYERS Compiled by VINCENT R. JOHNSON Professor of Law St. Mary's University School of Law and SUSAN SAAB FORTNEY George
More informationHomeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers
Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers I. Safekeeping Property. A. Rule 1.15 of Minnesota Rules of Professional Conduct requires a lawyer representing a party to safe keep their
More informationWASHINGTON RULES OF PROFESSIONAL CONDUCT. AS AMENDED THROUGH April 14, 2015
WASHINGTON RULES OF PROFESSIONAL CONDUCT AS AMENDED THROUGH April 14, 2015 Printed by the Washington State Bar Association This is not the official version of the Rules of Professional Conduct WASHINGTON'S
More informationComparison of Newly Adopted Arizona Rules of Professional Conduct with ABA Model Rules
Comparison of Newly Adopted Arizona Rules of Professional Conduct with ABA Model Rules ARIZONA New rules as adopted by Arizona Supreme Court to be effective 12/1/03. Rules 1.13, 5.5 and 8.5 as amended
More informationETHICS OPINION 112314
ETHICS OPINION 112314 Facts: Three Scenarios: 1. Attorney represents a client through a bankruptcy. After the bankruptcy is complete, the client returns to the attorney for work on a different matter.
More informationOREGON RULES OF PROFESSIONAL CONDUCT (as amended effective February 19, 2015) CONTENTS
OREGON RULES OF PROFESSIONAL CONDUCT (as amended effective February 19, 2015) CONTENTS RULE 1.0 TERMINOLOGY... 2 CLIENT-LAWYER RELATIONSHIP... 3 RULE 1.1 COMPETENCE... 3 RULE 1.2 SCOPE OF REPRESENTATION
More informationMaryland Association of Paralegals, Inc. Code of Ethics and Professional Responsibility
Maryland Association of Paralegals, Inc. Code of Ethics and Professional Responsibility Adopted: August 1, 1996 PREAMBLE The Maryland Association of Paralegals, Inc. ( MAP ) is a professional organization
More informationTHE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE Opinion 2009-11 (December 2009)
THE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE Opinion 2009-11 (December 2009) The inquirer represented the Decedent in 1999 when he prepared her will. At the time, the Decedent was elderly
More informationSpecial Consideration for Board Attorneys. Federation of State Medical Boards-Board Attorney Workshop November 12, 2015
Special Consideration for Board Attorneys Federation of State Medical Boards-Board Attorney Workshop November 12, 2015 Who is your client? Scenario #1 ABA Model Rules Rule 1.13 Organization As Client (a)
More informationLegal and Judicial Ethics for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan
for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan February 25, 2010 David M. Siegel New England Law Boston dsiegel@nesl.edu; 1 (617)
More informationComparison of Newly Adopted Utah Rules of Professional Conduct with ABA Model Rules UTAH
Comparison of Newly Adopted Utah Rules of Professional Conduct with ABA Model Rules UTAH Rules as adopted by Utah Supreme Court to be effective 11/1/05. Changes to Rules 1.12 and 2.4 effective 11/1/06.
More informationSCR CHAPTER 20 RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS
SCR CHAPTER 20 RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS COUNSELOR 2.1 Advisor 2.2 Omitted 2.3 Evaluation for use by 3 rd persons 2.4 Lawyer serving as 3 rd -party neutral INDEX (continued) ADVOCATE
More information*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6)
NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule
More informationUPL Advisory Opinion 10-02 (February 2010) Out of State Attorney Practicing Law in the State of Arizona
UPL Advisory Opinion 10-02 (February 2010) Out of State Attorney Practicing Law in the State of Arizona This is an Advisory Opinion regarding whether an attorney admitted to practice law in a jurisdiction
More informationRules of Professional Conduct for Lawyers
Army Regulation 27 26 Legal Services Rules of Professional Conduct for Lawyers Headquarters Department of the Army Washington, DC 1 May 1992 Unclassified SUMMARY of CHANGE AR 27 26 Rules of Professional
More informationEthical Considerations for Tribal Lawyers and Judges
Ethical Considerations for Tribal Lawyers and Judges The 19th Annual Tribal Law and Government Conference The Future of Indian Education University of Kansas March 13, 2015 Elizabeth Ann Kronk Warner Associate
More informationKENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-425 Issued: June 2005
KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-425 Issued: June 2005 Since the adoption of the Rules of Professional Conduct in 1990, the Kentucky Supreme Court has adopted various amendments, and made
More informationrequires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
LEGAL ETHICS OPINION 1814 UNDISCLOSED RECORDING OF THIRD PARTIES IN CRIMINAL MATTERS In this hypothetical, a Criminal Defense Lawyer represents A who is charged with conspiracy to distribute controlled
More informationColumbus Bar Association
Columbus Bar Association January 15, 2017 12:30-4:00pm 3.0 CLE hours Organizer Bradley Miller, Esq. Miller Law LLC www.cbalaw.org/cle Presents Legal Practice Lab Session One Overview and Tips from the
More informationThe Lawyer as Gatekeeper The Backdrop
Lawyers as Gatekeepers The SEC s New Focus on Inside and Outside Counsel Julie M. Allen Frank Zarb National Conference of the Society of Corporate Secretaries and Governance Professionals June 28, 2014
More informationComparison of Newly Adopted New Hampshire Rules of Professional Conduct with ABA Model Rules NEW HAMPSHIRE
Comparison of Newly Adopted New Hampshire Rules of Professional Conduct with ABA Model Rules NEW HAMPSHIRE New rules as adopted by New Hampshire Supreme Court to be 1/1/16. Variations from the Model Rules
More informationRules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20
Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Read It, Know It, Live It Presented by Mark Gumz with the assistance of Hannah Schieber SCR 20: More than just 40+ pages of fine
More informationTHE CIPM ASSOCIATION CODE OF ETHICS AND STANDARDS OF PROFESSIONAL CONDUCT PREAMBLE THE CODE OF ETHICS
THE CIPM ASSOCIATION CODE OF ETHICS AND STANDARDS OF PROFESSIONAL CONDUCT PREAMBLE The CIPM Association Code of Ethics and Standards of Professional Conduct (Code and Standards) are essential to achieving
More informationORANGE COUNTY BAR ASSOCIATION Formal Opinion 2014-1 (Ghostwriting by Contract Lawyers and Out-of-State Lawyers)
ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2014-1 (Ghostwriting by Contract Lawyers and Out-of-State Lawyers) Issue: What ethical issues are raised when (1) a lawyer licensed to practice law only outside
More informationGuidelines for Guardians ad Litem for Children in Family Court
Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family
More informationConviction Integrity Unit Best Practices October 15, 2015
Conviction Integrity Unit Best Practices October 15, 2015 District Attorney s offices are increasingly creating Conviction Integrity Units (CIUs) to re examine questionable convictions and guard against
More informationWritten Response to Questions from Chairwoman Linda Sanchez for. Heather E. Williams
Written Response to Questions from Chairwoman Linda Sanchez for Heather E. Williams First Assistant Federal Public Defender District of Arizona - Tucson 4 August, 2008 Follow-up to Testimony before the
More informationEthical Rules Applied to Contract and Settlement Negotiations ACC Houston November 13, 2012 Charlie Meacham Samantha Trahan Bass Wallace, Jr. ACC Houston 11/13/12 2 Let s Start with Some Rules Texas Disciplinary
More informationSOCIAL MEDIA IN PERSONAL INJURY LAW
David K. Inscho Kline and Specter, P.C. SOCIAL MEDIA IN PERSONAL INJURY LAW The Internet isn t written in pencil Mark Social Media Issues Discovery of Social Media Social Media in Investigation Social
More informationA Practical Guide to. Hiring a LAWYER
A Practical Guide to Hiring a LAWYER A PRACTIAL GUIDE TO HIRING A LAWYER I. Introduction 3 II. When do you Need a Lawyer? 3 III. How to Find a Lawyer 4 A. Referrals 4 B. Lawyer Referral Service 5 C. Unauthorized
More informationSEATTLE INTELLECTUAL PROPERTY AMERICAN INN OF COURT ETHICS MAY 21, 2015
SEATTLE INTELLECTUAL PROPERTY AMERICAN INN OF COURT ETHICS MAY 21, 2015 INTRODUCTION JONATHAN MCFARLAND 2 IN RE REINES - CASE OVERVIEW CHRISTIE MATTHAEI 3 APPLICABLE RULES THERESA WANG 4 APPLICABLE FEDERAL
More informationCode of Ethics. I. Definitions
Code of Ethics Old North State Trust, LLC (the Company ) has adopted this Code of Ethics in recognition of the principle that all Supervised Persons (as defined below) of the Company have a fiduciary duty
More informationSTATE OF MINNESOTA IN SUPREME COURT. AlS-0567 ORDER. The Director of the Office of Lawyers Professional Responsibility has filed a
STATE OF MINNESOTA IN SUPREME COURT AlS-0567 OFFICE OF APPELLATE COURTS AUG 19 2015 FILED In re Petition for Disciplinary Action against Todd Allen Duckson, a Minnesota Attorney, Registration No. 219125.
More informationComparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND
Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND Preamble Scope Rule 1.0 Rule 1.1 Rule 1.2 Rule 1.3 Rule 1.4 Rule 1.5 Rule 1.6 Rule 1.7 Rule 1.8
More informationINTRODUCING THE ESSENCE OF LAWYERING IN AMERICA TO CHINESE LAW STUDENTS. Lawrence K. Hellman Dean and Professor of Law Oklahoma City University
INTRODUCING THE ESSENCE OF LAWYERING IN AMERICA TO CHINESE LAW STUDENTS Lawrence K. Hellman Dean and Professor of Law Oklahoma City University A group of law students from Nankai University in Tianjin,
More informationWORKERS COMPENSATION. Ethics 2008
WORKERS COMPENSATION Ethics 2008 #1:Solicitation Barfly Bart, general practice lawyer, observes Wanda limping to the bar. After some small talk, Bart asks her about the limp. Wanda says it s work-related.
More informationPATRICIA A. CHUCKA GRINER & ASSOCIATES 13935 BISHOP S DRIVE, SUITE 250 BROOKFIELD, WI 53005 PHONE: 262-825-9295
PATRICIA A. CHUCKA GRINER & ASSOCIATES 13935 BISHOP S DRIVE, SUITE 250 BROOKFIELD, WI 53005 PHONE: 262-825-9295 ETHICS AND THE WORKER S COMPENSATION PRACTITIONER A lawyer, as a member of the legal profession,
More informationTHE DELAWARE LAWYERS' RULES OF PROFESSIONAL CONDUCT
THE DELAWARE LAWYERS' RULES OF PROFESSIONAL CONDUCT (Effective July 1, 2003 and current through amendment to Rule 1.15 approved by the Court on Feb. 16, 2010, which appears in bold and becomes effective
More informationSUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES 1. Description. The Superior Court of California, County of Orange (Court), offers a voluntary civil mediation program for
More informationNOTE TO LAWYERS & ETHICS SECTION 4 EXAM PROCTORS: STUDENTS MAY BRING IN THIS PAPER TO THE FINAL EXAM Lawyers & Ethics 2013 Common Law The purpose of
FLETCHER LAWYERS & ETHICS FINAL EXAM Instructions: Answer the questions below in essay form. You may draw upon any and all of the materials assigned in this class. You may draw upon THE COMMON LAW of this
More informationTuesday 18th November, 2008.
Tuesday 18th November, 2008. On March 19, 2008 came the Virginia Board of Bar Examiners, by W. Scott Street, III, its Secretary-Treasurer, and presented to the Court a petition, approved by the Virginia
More informationRECOMMENDATION. RESOLVED, That the American Bar Association adopts the Model Court Rule on Insurance Disclosure, dated August 2004.
Amended 08 RECOMMENDATION 2 RESOLVED, That the American Bar Association adopts the Model Court Rule on Insurance Disclosure, dated August 2004. Model Court Rule on Insurance Disclosure August 2004 2 3
More informationlawyer regulation SANCTIONED ATTORNEYS
SANCTIONED ATTORNEYS MARK F. BRINTON Bar No. 007674; File Nos. 02-1473, 03-0042 and 03-0440 dated Feb. 20, 2004, Mark F. Brinton, 1745 S. Alma School Rd., Suite H-102, Mesa, AZ 85210, was suspended for
More informationSmall Business Representation
Small Business Representation Ethical Issues for Attorneys and Their Clients Yan Ross Avalon Strategies 602-703-3336 yanross@avalonstrategies.com Welcome & Introduction Presenter - Yan Ross Avalon Strategies
More informationAS APPROVED BY CONVOCATION, MARCH 25, 2004. (new/amended rules and commentary for rule 2.02)
AS APPROVED BY CONVOCATION, MARCH 25, 2004 (new/amended rules and commentary for rule 2.02) When Client an Organization (1.1) Notwithstanding that the instructions may be received from an officer, employee,
More informationHow To Use Social Media To Help Your Business
Ethics of Social Media Marketing for Law Firms Presented by Paul J. Kazaras, Esq. (Philadelphia Bar Association) Gina F. Rubel, Esq., Moderator (Furia Rubel Communications, Inc. ) Apps. Blogs Chat Rooms
More informationDonald P. Russo, you stand before the Disciplinary Board, your
BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL Petitioner v. No. 111 DB 2015 Attorney Registration No. 25873 DONALD P. RUSSO Respondent (Northampton County)
More informationEthical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize
Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.
More informationARTICLE V. RULES OF PROFESSIONAL CONDUCT PREAMBLE AND SCOPE PREAMBLE: A LAWYER'S RESPONSIBILITIES
ARTICLE V. RULES OF PROFESSIONAL CONDUCT PREAMBLE AND SCOPE PREAMBLE: A LAWYER'S RESPONSIBILITIES [1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal
More informationTHE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE Opinion 2009-02 (March 2009)
THE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE Opinion 2009-02 (March 2009) The inquirer deposed an 18 year old woman (the witness ). The witness is not a party to the litigation, nor
More informationCHAPTER 4 ETHICAL ISSUES FOR THE LEGISLATIVE LAWYER
CHAPTER 4 ETHICAL ISSUES FOR THE LEGISLATIVE LAWYER Ross Fischer Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2500 W. William Cannon, Suite 609 Austin, TX 78745 (512) 279-6431 mailto:ross.fischer@rampage-aus.com
More informationIn the Indiana Supreme Court
NO APPEARANCE FOR THE RESPONDENT ATTORNEYS FOR THE INDIANA SUPREME COURT DISCIPLINARY COMMISSION G. Michael Witte, Executive Secretary John P. Higgins, Staff Attorney Indianapolis, Indiana IN THE MATTER
More informationA LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA
A LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA Preamble As a lawyer I must strive to make our system of justice work fairly and efficiently. In order to carry out that responsibility,
More informationComparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND
Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND Preamble Scope Rule 1.0 Rule 1.1 Rule 1.2 Rule 1.3 Rule 1.4 Rule 1.5 Rule 1.6 Rule 1.7 Rule 1.8
More informationCommittee on Judicial Ethics Teleconference Thursday, January 15, 2015
Committee on Judicial Ethics Teleconference Thursday, January 15, 2015 Members present via teleconference: Judge Christine E. Keller, Chair, Judge Barbara M. Quinn, Professor Sarah F. Russell, Judge Angela
More informationQuestion 4. 1. What, if any, ethical violations has Austin committed as an attorney? Discuss.
Question 4 Austin had been a practicing physician before he became a lawyer. Although he no longer practices medicine, he serves on a local medical association committee that works to further the rights
More informationMARYLAND RULES OF PROCEDURE TITLE 1 GENERAL PROVISIONS CHAPTER 100 APPLICABILITY AND CITATION
TITLE 1 GENERAL PROVISIONS CHAPTER 100 APPLICABILITY AND CITATION AMEND Rule 1-101 (q) to add collaborative law processes to the applicability of Title 17, as follows: Rule 1-101. APPLICABILITY... (q)
More informationTrademarkAuthority Legal Services Engagement Agreement
TrademarkAuthority Legal Services Engagement Agreement 1. THE PARTIES / EFFECTIVE DATE. This TrademarkAuthority Legal Services Engagement Agreement ( Agreement ) is made between ( Pearl Cohen ), the exclusive
More informationKENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW
KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW SCR 3.130(1.8) Conflict of interest: current clients; specific rules (a) A lawyer shall not enter into a business transaction
More informationEthics and Professionalism Committee. ABA Section of Labor and Employment Law. The Litigator as Arbitrator: Particular Ethical Concerns
Ethics and Professionalism Committee ABA Section of Labor and Employment Law The Litigator as Arbitrator: Particular Ethical Concerns By: Janet Savage Specific ethical issues may arise when an attorney
More informationOffice of Lawyers Professional Responsibility
Office of Lawyers Professional Responsibility Complaints and Investigations Office of Lawyers Professional Responsibility 1500 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1218 (651) 296-3952
More informationETHICAL USE OF EVIDENCE DERIVED FROM MULTIPLE SOCIAL MEDIA OUTLETS
ETHICAL USE OF EVIDENCE DERIVED FROM MULTIPLE SOCIAL MEDIA OUTLETS ASSOCIATION OF CORPORATE COUNSEL PARALEGAL INSTITUTE OCTOBER 7, 2014 Presented by: Mitchell D. Dean, Esq. Heather E. Paradis, Esq. Daley
More informationNEW YORK STATE UNIFIED COURT SYSTEM PART 1200 RULES OF PROFESSIONAL CONDUCT. Dated: May 1, 2013
NEW YORK STATE UNIFIED COURT SYSTEM PART 1200 RULES OF PROFESSIONAL CONDUCT Dated: May 1, 2013 These Rules of Professional Conduct were promulgated as Joint Rules of the Appellate Divisions of the Supreme
More informationISBA Advisory Opinion on Professional Conduct
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
More informationNew York Lawyer's Code of Professional Responsibility (Updated Through December 28, 2007)
New York Lawyer's Code of Professional Responsibility (Updated Through December 28, 2007) TABLE OF CONTENTS PREAMBLE... 5 PRELIMINARY STATEMENT... 5 DEFINITIONS...6 CANON 1. A LAWYER SHOULD ASSIST IN MAINTAINING
More informationMODEL STANDARDS OF CONDUCT
MODEL STANDARDS OF CONDUCT FOR MEDIATORS AMERICAN ARBITRATION ASSOCIATION (ADOPTED SEPTEMBER 8, 2005) AMERICAN BAR ASSOCIATION (APPROVED BY THE ABA HOUSE OF DELEGATES AUGUST 9, 2005) ASSOCIATION FOR CONFLICT
More informationTHE AMERICAN LAW INSTITUTE Continuing Legal Education. Estate Planning for the Family Business Owner
91 THE AMERICAN LAW INSTITUTE Continuing Legal Education Estate Planning for the Family Business Owner Cosponsored by the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation
More informationCOAST GUARD LEGAL PROFESSIONAL RESPONSIBILITY PROGRAM
Commandant United States Coast Guard 2100 Second Street, S.W. Washington, DC 20593-0001 Staff Symbol: G-LPD Phone: (202) 267-0072 Fax: (202) 267-4012 COMDTINST M5800.1 JUNE 1 2005 COMMANDANT INSTRUCTION
More informationRHODE ISLAND MEDIATORS ASSOCIATION MEDIATOR LIABILITY AND MEDIATOR LIABILITY INSURANCE
MEDIATOR LIABILITY AND MEDIATOR LIABILITY INSURANCE Bruce I. Kogan, Esq. Roger Williams University School of Law Mediation Clinic Presented at the Rhode Island Mediators Association Mediators' Breakfast
More informationFORMAL OPINION NO. 2009-181 Government Lawyer Employment Negotiations
FORMAL OPINION NO. 2009-181 Government Lawyer Employment Negotiations Facts: Lawyers A and B and Judge C are interested in employment with the Oregon Department of Justice (DOJ). Lawyer A is a hearings
More informationTexas Lawyer Discipline - A Summary
Houston Intellectual Property Law Association Presentation Recent Changes in the Grievance Procedure and How They Will Affect Your Law Practice SPEAKER: Robert S. Bob Bennett bbennett@bennettlawfirm.com
More information69B-220.051 Conduct of Public Adjusters and Public Adjuster Apprentices.
69B-220.051 Conduct of Public Adjusters and Public Adjuster Apprentices. (1) Purpose and Scope. This rule sets forth Department policy as to certain matters generally affecting public adjusters and public
More informationORANGE COUNTY BAR ASSOCIATION. Formal Opinion 2011-01 (Collaborative Family Law)
ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2011-01 (Collaborative Family Law) Issue: Can a family lawyer enter into a collaborative law agreement consistent with her ethical duties, notwithstanding the
More informationFORMAL OPINION NO. 2013-189. Accessing Information about Third Parties Through a Social Networking Website. Facts:
FORMAL OPINION NO. 2013-189 Accessing Information about Third Parties Through a Social Networking Website Facts: Lawyer wishes to investigate an opposing party, a witness, or a juror by accessing the person
More informationNEW JERSEY FAMILY COLLABORATIVE LAW ACT. An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes.
NEW JERSEY FAMILY COLLABORATIVE LAW ACT An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of
More informationIn the Matter of Thomas J. Howard, Jr. O R D E R. This matter is before the court pursuant to a petition for reciprocal discipline filed by this
Supreme Court In the Matter of Thomas J. Howard, Jr. No. 2015-360-M.P. O R D E R This matter is before the court pursuant to a petition for reciprocal discipline filed by this Court s Disciplinary Counsel
More informationALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS ADMINISTRATIVE CODE
ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS ADMINISTRATIVE CODE CHAPTER 330-X-14 PROFESSIONAL CONDUCT (CODE OF ETHICS) TABLE OF CONTENTS 330-X-14-.01 Preamble 330-X-14-.02
More information