Professional Responsibility Outline
Professional Responsibility Outline
Professional Responsibility Outline
(a)
(b)
(c)
(d)
b) Fees
i) Determining the Fee:
(1) When you take on a client, you agree not to take on any other business that will
take away from duty to diligently represent that client.
(a) You give up the right to take on excessive business and the right to take on
business that might conflict with your clients business.
Model Rule 1.5Fees
(a) A lawyer shall not make an agreement for, charge or collect an unreasonable fee or an unreasonable amount for
expenses. The factors to be considered in determining the reasonableness of a fee include the following:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to
perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other
employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the7 lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.
(a) Lawyer and client negotiate value of work at the beginning (similar to flat
fee).
(b) Lawyer and client negotiate at the end; if the negotiation fails then a formula
is used (similar to contingent fee).
(c) Lawyer unilaterally determines the value at the end of the matter.
(d) Used by courts when awarding fees under fee-shifting statutes.
(e) Usually used in civil rights and environmental cases (value of the win is high
but the lawyer invests endless hours); its a win for a society.
(5) Hybrid Fee combines two types
(a) E.g., contingent hourly ratehourly rate only paid if client wins
(6) Retainers
(a) General retainerfee to make legal services available when needed during
specified time
(i) Fee is earned when paid because attorney is entitled to the money
regardless of whether he actually performs any services.
(b) Special retainer payments of funds for a specific service, fees not earned
until actual work performed; money paid into trust fund
(i) Fee must be refundable.
1. Non-refundable special retainers are void as unethical.
(ii) Must be placed in a trust if advanced payment
(iii)
There is a presumption that a special retainer exists, an attorney
must show by a convincing preponderance of the evidence that it is
something else.
(iv)Iowa Supreme Court v. Aplandflat fee paid in cash, deposited into
portfolio, attorney agreed to pay all expenses out of $5K paid; no written
agreement but oral agreement said it would include appeals; 6 months
after case ended, client demanded a portion of money back but lawyer said
he paid for depositions out of money. Attorney returned $2,000 but clients
filed grievance.
1. Court drew distinction between general retainers, special retainers and
flat fees.
2. There were six ethical violations by Aplandunrefundable retainer,
didnt deposit into trust, failed to respond to disciplinary charges,
didnt give an accounting of time spent, and tried to pay them to
withdraw the complaint.
(a) Information may come from a client, documents, third parties or attorneys
own observations.
(2) Rules of Ethics=Duty of Confidentiality
(3) Rules of Evidence=Attorney Client Privilege
(4) Rules of Civil Procedure=Work Product Doctrine
ii) Who is a client?
(1) Does this person believe she is your client?
(a) If so, is that reasonable in light of all the circumstances?
(i) Factors considered:
1. Expectation of confidentiality
2. Speaking to you in your capacity as a lawyer
3. Seeking legal advice
(ii) What is unreasonable?
1. Someone just looking at your website without any direct
communication.
(b) Everything is look at from the clients perspective.
(i) You must be clear and explicit about when representation begins and ends.
(ii) Must keep confidential information received from prospective client
confidential and must decline representation of someone else if that
confidential information would materially limit your ability to represent
new person.
1. If there is proof that prospective client was not seeking legal
representation but just trying to create future conflicts of interest, then
no fiduciary relationship arises and no duty of confidentiality.
b) Three categories of information:
i) Duty of confidentiality prohibits lawyer from voluntarily using or revealing
information that they know about a client or clients matter, regardless of source
(relating to representation)
(1) Under MR 1.6 you have a professional duty not to reveal to others any
information relating to the representation.
(a) Scope of rule is enormousprohibited from disclosing anything at all relating
to representation.
Model Rule 1.6(a)Confidentiality of Information
A lawyer shall not reveal information relating to the representation of a client unless the client gives
informed consent, the disclosure is impliedly authorized in order to carry out the representation or the
disclosure is permitted by paragraph (b).
(a) Attorney who represents corporation can claim attorney-client privilege for
communications with some officers, directors and employees (always
President and CEO).
(b) Control Group Test
(i) Westinghousecorporations are protected only if person communicating
with lawyer is a member of a control groupelite group of corporate
officers and employees who actually control corporation and make its
policies.
1. This test is abandoned in most jurisdictions because it is too narrow.
(c) Subject Matter Test
(i) Upjohnconversations between corporate attorney and employee, even if
initiated by attorney, are privileged as long as conversations are for the
purpose of gathering information necessary to give or implement legal
advice to corporation.
1. Focuses on nature of communication, not status of communicator.
2. Criticized for being too broad.
iii) Work Product Doctrine protects information created by lawyer for purposes of
litigation (FRCP 26)
(1) Prevents discovery of materials prepared in anticipation of litigation.
(a) Must be tangible (not communications).
(b) Includes phone messages taken by secretary.
(c) Lawyer cannot be compelled to reveal written material prepared in
anticipation of litigation.
(d) Includes letters written from client to lawyer.
(e) Lawyer runs risks of waving by showing certain documents to a witness while
on the stand (memos etc.)
(2) Hickman v. Taylor
(a) Ordinary Work Productinformation recorded by the attorney because of
litigation.
(i) FRE 26(b)(3)two part test of discovery of work product:
1. Substantial need of materials; AND
2. Unable to obtain without undue hardship the materials or
substantial equivalent by other means.
(b) Opinion work productwritten impressions, conclusions, opinion or legal
theories of an attorney concerning litigation
(i) Virtually immune from discovery, but subject to waiver.
(3) Inadvertent disclosure
(a) Attorney-client privilege is not waived if attorney takes reasonable steps to
make sure this doesnt happen.
(i) If no reasonable steps, court can conclude ACP is waived.
Model Rule 4.4Repsect for Rights of Third Persons
(a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to
13 or use methods of obtaining evidence that violate the legal
embarrass, delay, or burden a third person,
rights of such a person.
(b) A lawyer who receives a document relating to the representation of the lawyers client and knows or
reasonable should know that the document was inadvertently sent shall promptly notify the sender.
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written record of these events for his or her file, but should not give the source a
copy of such record.
(c) Defense counsel may receive the item for a reasonable period of time during
which defense counsel:
(i) Intends to return it to the owner;
(ii) Reasonably fears that return of the item to the source will result in
destruction of the item;
(iii) Reasonable fears return will result in physical harm;
(iv) Intends to test, examine, inspect, or use the item in any way as part of
defense counsels representation of the client; or
(v) Cannot return it to the source.
(d) If the item receive is contraband, defense may suggest client destroy it if no
pending case or investigation and not clearly in violation of criminal statute. If
such destruction is not permitted by law and defense counsel does not think he
can reasonable retain the item, whether or not contraband, in a way that does not
pose unreasonable risk to anyone, defense counsel should disclose location or
deliver item to law enforcement.
(e) If defense counsel disclosed the location of or delivers the item to law
enforcement authorities, he should do so in a way best designed to protect the
clients interests.
vi) Problem of perjury (What if your client liesor plans to lieat trial?)
(1) Nix v. Whiteside
(a) Defendant stabbed a drug dealer, claiming self defense. Defendant told his
lawyer that he never actually saw a gun but thought the dealer was reaching
for one.
(b) A week before trial, the defendant said If I dont say I saw a gun, Im dead.
(i) His attorney would not let him testify and threatened to withdraw or tell
the court if he testified falsely.
(c) Defendant ended up testifying that he knew the drug dealer owned a gun and
thought he was reaching for one but not that he actually saw one.
(i) Defendant convicted and claimed ineffective assistance of counsel.
(d) Supreme Court held that attorneys conduct did not amount to ineffective
assistance of counsel.
(i) The right to testify does not include the right to testify falsely.
1. The used the Strickland test: (1) serious attorney error below the range
of acceptable conduct; and (2) prejudice.
vii) Prospective v. Retrospective Perjury
(1) Prospective
(a) If a lawyer knows that a criminal defendant will testify falsely, the lawyer
must not put that into evidence.
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(1) Anyone who reasonably believes you are their lawyer and is reasonably relying
on you to perform legal services. May consider themselves such at any of 4
stages:
(a) Evaluation
(i) Until formally rejected, prospective client is treated as current and the
same duties are owed regarding conflict, confidence, and competence.
1. If you reject, they become a former prospective client.
(ii) Do not have to accept a case in order to create a duty.
1. If you tell prospective client you are going to do something, you will
be liable for not doing what you said.
(iii)
Be clear and say in unambiguous terms that you are NOT taking
the case.
(b) Work
(i) Specify the scope of representation.
(ii) Client is your client until
1. You complete the services you promised.
2. You withdraw as specified under MR 1.16
3. You are fired by the client.
(c) Follow-up
(i) Expectation of follow-up services is viewed from clients perspective.
1. Such expectation maintains clients status as current client, even if
communication is not expressed to you.
a. E.g., reasonable to expect that you monitor other party adhering to
compliance with settlement terms.
(d) Pattern of work
(i) Arises when client has retained you to do legal work often enough to
establish a pattern of relationship (client can say thats my lawyer), even
if not doing work for client at that moment.
ii) Former
(1) Anyone who was ever your client in the past, including both individuals, and
entities, whether you served them at your current law firm or at some other former
legal job.
(2) The rules governing successive conflicts are far more lenient than the rules
governing concurrent conflicts, so former clients have less protection than current
clients.
iii) Never
(1) Everyone who is neither current nor former.
(a) Organizationsdont automatically represent officers, directors, employees
(b) Parents and childrenif you represent a child, you dont automatically
represent the parents
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(c) Third person paying a feeif someone is paying a fee for your client, you
dont automatically represent that person
e) Direct Conflictsbetween two current clients
i) Can arise in five ways:
(1) Representing opposing sides in the same litigation
(a) Universally forbidden, regardless of client consent
(2) Representation opposing sides in a transaction
(a) Not prohibited by MR 1.7 but risky
(3) Opposing a current client in unrelated litigation
(a) Consentable but absolute right to refuse to consent to being opposed in any
litigation matter, and if current client consents, lawyer must refuse to accept
new case.
(b) Need informed consent.
(4) Opposing a client in an unrelated transaction
(a) Consentable
(i) E.g., if a lawyer in a asked to represent the seller of a business in
negotiations with a buyer who is currently represented by the lawyer, not
in same transaction, but in an unrelated matter, lawyer needs informed
consent.
(b) Comment 6 to MR 1.7:
(i) Simultaneous representation in unrelated matters of clients whose
interests are only economically adverse . . . does not ordinarily constitute a
conflict of interest and thus may not require consent of the respective
clients.
(5) Multiple Representation of allied parties
(a) It is always consentable.
(i) In civil, there is a limited scope under MR 1.2(c) so if clients interests
diverge during settlement, attorney can withdraw.
(b) To get consent, lawyer must explain:
(i) Implications of common representation in writing
1. Including the effects on loyalty, confidentiality, attorney-client,
privilege and advantages and risks involved.
a. Attorney client privilege does not attach to commonly represented
clients, and neither can claim if representation fails.
2. If one client decides that some material matter be kept from the other,
lawyer will have to withdraw because there is a duty of lyallty to each
client, and each client has the right to know about anything that might
affect clients interests.
3. If representation fails due to irreconcilable conflict between parties,
lawyer will be forced to withdraw and there may be additional costs,
embarrassment and recrimination.
(c) Advantages:
(i) Save legal fees
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(1) the claim, offense or defense involves and, except when prohibited by law, the identity of the persons involved;
(2) information contained in a public record;
(3) that an investigation of a matter is in progress;
(4) the scheduling or result of any step in litigation;
(5) a request for assistance in obtaining evidence and information necessary thereto;
(6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists
the likelihood of substantial harm to an individual or to the public interest; and
(7) in a criminal case, in additional to subparagraphs (1) through (6);
(i) the identity, residence, occupation and family status of the accused;
(ii) if the accused has not been apprehended, information necessary to aid in apprehension of that person;
(iii) the fact, time and place of arrest; and
(iv) the identity of investigating and arresting officers or agencies and the length of the investigation.
(c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to
protect a client from the substantial undue prejudicial
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client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the
recent adverse publicity.
(d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement
prohibited by paragraph (a).
b) Improper Contacts
i) Ex parte contactslawyers prohibited from speaking to jurors/witnesses/judges
without other attorney present (including emails).
ii) Conversations with jurors about facts of a case are improper.
(1) Saying hi to jurors in the hallways is improper.
(2) If juror says hi to youtell the judge to cover your ass.
MR 3.5Impartiality and Decorum of the Tribunal
A lawyer shall not:
(a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;
(b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;
(c) communicate with a juror or prospective juror after discharge of the jury if:
(1) the communication is prohibited by law or court order; or
(2) the juror has made known to the lawyer a desire not to communicate; or
(3) the communication involves misrepresentation, coercion, duress or harassment; or
(d) engage in conduct intended to disrupt a tribunal.
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(a) If petition is filed and T settles, L gets 5% of net recovery but not less than
$1 million.
(b) There was a settlement but no one paid anything, all T did was file to Supreme
Court.
(2) Was the contact between client and lawyer unconscionable?
(a) No!lawyer got $1 million
e) Matter of Laurence Fordham
i) Fordham was very experienced and hired to handle a case he had no dealt with
before.
(1) He told client that he had never done it before and he works on hourly fee basis.
(2) He was able to win and get an acquittal for his client.
(3) Lawyer charged $40,022.25 for 227 hours of court.
(4) Court finds the fee to be excessive
(a) Under MR 1.5(a)
(i) Time requiredlawyer spent more than what a prudent experience lawyer
would have had
(ii) Customary feeother lawyers charged 1/3 as much
(b) Client cannot be held to have understood such an unreasonable feenever
given estimate like in Telex.
(a) It is unreasonable if the time allotted was not sufficient to yield independent
advice of other counsel.
ii) Decisions reserved to client
(1) In civil matters, a lawyer must abide by a clients decision whether to accept (or
reject) an offer of settlement.
(2) In criminal matters, a lawyer must abide by a clients decision as to:
(a) Entering a plea, waiving a jury trial or testifying.
c) Jones v. Barnes
i) Barnes convicted of several felonies, appealed conviction and was assigned attorney.
(1) He told attorney to raise some non-frivolous arguments but attorney only raised
three of them.
ii) Barnes raised all of them in a pro se brief.
(1) Appellate court rejected all argument and confirmed conviction.
(a) Barnes claimed ineffective assistance of counsel.
iii) Court held that: Constitution grants accused the authority to make fundamental
decisions on pleading guilty, waiving a jury trial, testifying, and whether or not to
appeal.
(1) But, the attorney has the power to decide what issues to raise on appeal.
iv) Dissent argued that client has right to be unwise and dictate which non-frivolous
arguments to raise.
MR 1.4Communication
(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to which the clients 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 clients 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 lawyers 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 not explain a matter to the extent reasonably necessary to permit the client to make informed
decisions regarding the representation.
MR 1.2Scope of Representation and Allocation of Authority Between Client and Lawyer
(a) Subject to paragraphs (c) and (d), a lawyer shall abide by a clients decisions concerning the objectives of
representation and, as required Rule 1.4, shall consult with the client as to the means by which they are pursued. A
lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer
shall abide by a clients decision whether to settle a matter. In a criminal case, the lawyer shall abide by the clients
decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client
will testify.
(b) A lawyers representation of a client, including representation by appointment, does not constitute an endorsement
of the clients political, economic, social or moral views or activities.
(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the
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client gives informed consent.
(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or
fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may
counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.
Arises From
A lawyer cannot..
Duty of Confidentiality
Attorney-Client Privilege
Rules of Evidence
Rules of Procedure
a) Duty of Confidentiality
i) Secretaries are agents of lawyers and thus communications with them have protection
as confidentiality information.
ii) Never disclose confidential information without express authority of client.
iii) During negotiations you can disclose confidential information if it will advance your
clients position.
b) Attorney-Client Privilege
i) Five Cs: Client Communicates Confidentially with Counsel to obtain Counsel
(1) If covered by ACP then covered by duty of confidentiality.
c) Work Product Doctrine
d) Internal Investigations
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c) Conflict Checking
i) Under MR 1.9(a)
(1) New firms will likely make a condition offer:
(a) Show you currently active matters.
(b) Your former and current clients must be included in conflict check (including
your work as a paralegal/legal assistant).
(c) Client check encompasses all types of matters (litigation etc.)
(d) New firms will ask if your matters are adverse to their clients.
(e) New firm will ask old firm to seek consent from clients (cannot contact them
directly).
(i) If client of old firm refuses consent:
1. Firm can hire you and withdraw from matter
2. Make non-frivolous argument they may hire and run the risk.
3. Firm cannot hire you at all.
4. Firm can screen/firewall you from certain matters.
ii) Under MR 1.9(b)
(1) Even thought you never did any legal work for a particular client at your old firm,
did you nevertheless obtain confidential information about the client?
(a) This conflict check is a delicate/difficult task.
d) Firewall metaphorical wall of separation between lawyer with conflict and rest of the
firm.
i) Disqualified lawyer must be personally and completely isolated.
ii) Other lawyers must not discuss case with lawyer who is disqualified and eb careful
where they discuss cases.
iii) Firm should circulate a memo.
iv) Firm should make file inaccessible to disqualified attorney.
v) Firewalls are only used with former clients NOT currant clients.
vi) Positivesgive attorney freedom/mobility/flexibility.
vii) Negativesbreaches can occur inadvertently or maliciously.
MR 1.9Duties to Former Clients
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the
same or a substantially related matter in which that persons interests are materially adverse to the interests of the
former client unless the former client gives informed consent in writing.
(b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with
which the lawyer formerly was associated has previously represented a client
(1) whose interests are materially adverse to that person; and
(2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter;
Unless the former given gives informed consent, confirmed in writing.
(c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly
represented a client in a matter shall not thereafter:
(1) use information relating to the representation to the disadvantage of the former client except as these Rules
would permit or require with respect to a client, or when the information has become generally known; or
(2) reveal information relating to the representation except as these Rules would permit tor require with respect to a
client.
e) Imputation Principle
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f)
ii) Rationale:
(1) A jury may accord lawyers testimony too much weight because of their special
knowledge of the case.
(2) Professional courtesy may handicap the opposing lawyer on cross examination.
(3) The bar is ill served when attorneys veracity becomes an issue in the case.
(4) Jury might not distinguish lawyers role as advocate and witnesstestimony may
be given weight as a closing argument.
MR 3.7Lawyer as Witness
(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless:
(1) the testimony relates to an uncontested issue;
(2) the testimony relates to the nature and value of legal services rendered in the case; or
(3) disqualification of the lawyer would work substantial hardship on the client.
(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyers firm is likely to be called as a
witness unless precluded from doing so by Rule 1.7 or Rule 1.9
g) Multiple Parties
i) As long as co-plaintiffs arent suing each other then representation is allowed.
ii) Conflict can arise if specific discrepancy between co-parties testimony.
iii) Attorney should interview each party separately first.
(1) MR doesnt state who to interview first but it is logical to interview the one with a
great chance at more money first.
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c) Inadvertent Disclosure:
i) Modern approach is to look at facts and circumstances to determine whether attorneyclient privilege applies (look at precautions taken).
ii) Traditional approach was that the privilege was lost because the purpose was gone.
d) Discovery Abuse
i) Types:
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MR 7.2Advertising
(a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written recorded or electronic
communication, including public media.
(b) A lawyer shall not give anything of value to a person for recommending the lawyers services except that a lawyer may
(1) pay the reasonable costs of advertisements or communications permitted by this Rule;
(2) pay the usual charges of a legal services plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral
service is a lawyer referral service that has been approved by an appropriate regulatory authority;
(3) pay for a law practice in accordance with Rule 1.17; and
(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these
Rules that provides for the other person to refer clients or customers to the lawyer, if
(i) the reciprocal referral agreement is not exclusive, and
(ii) the client is informed of the existence and nature of the agreement.
(c) Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm
responsible for its content.
MR 7.3Direct Contact with prospective Clients
(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a
prospective client when significant motive for the lawyers doing so is the lawyers pecuniary gain, unless the person contacted:
(1) is a lawyer; or
(2) has a family, close personal, or prior professional relationship with the lawyer.
(b) A lawyer shall not solicit professional employment from a prospective client by written, recorded or electronic communication
or by in-person, telephone r real-time electronic contact even when not otherwise prohibited by paragraph (a), if:
(1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or
(2) the solicitation involves coercion, duress or harassment.
(c) Every written, recorded or electronic communication from a lawyer soliciting professional employment from a prospective
client known to be in need of legal services in a particular matter shall include the words Advertising Material on the outside
envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the
communication is a person specified in paragraphs (a)(1) or (a)(2).
(d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated
by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or
subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.
MR 7.4Communication of Fields of Practice and Specialization
(a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.
(d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:
(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that
has been accredited by the American Bar Association; and
(2) the name of the certifying organization is clearly identified in the communication.
MR 7.5Firm Names and Letterheads
(a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A trade name may be
used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal
services organization and is not otherwise in violation of Rule 7.1.
(b) A law firm with offices in more than one jurisdiction may use the same name or other professional designation in each
jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not
licensed to practice in the jurisdiction where the office is located.
(c) The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf,
during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
(d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.
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