PR-outline - 7/8/2006 Revision 0.1 Author: Philip Larson...

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Unformatted text preview: 7/8/2006 Revision 0.1 Author: Philip Larson Professional Responsibility: Outline Disclaimer: These notes and outlines are provided as- is without any warranty as to their correctness, completeness, or quality. They are not meant to be a substitute for your own efforts. You may copy and forward this document as long as you do not alter its contents. Professional Responsibility: Outline Table of Contents 1. PROFESSIONAL RESPONSIBILITY: OUTLINE ............................................................... 3 1.1 Model Rules .......................................................................................................................... 3 Philip Larson Page 2 Professional Responsibility: Outline 1. PROFESSIONAL RESPONSIBILITY: OUTLINE 1.1 Model Rules A. Rule 1.1: Competence a lawyer must provide competent representation which requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. a. Legal Knowledge and Skill i. C1 : Factors include 1) relative complexity and specialized nature of the matter, 2) lawyers general experience, 3) the lawyers training and experience, 4) the preparation and study the lawyer is able to give the matter, 5) whether it is feasible to refer the matter to someone competent in the field. ii. C2 : lawyer need not have special training or prior experience . A newly admitted lawyer may be just as competent as a practitioner with lots of experience. iii. C3 : a lawyer may give advice or assistance in an emergency if it is reasonably necessary. b. Thoroughness and Preparation i. C5: Competence requires inquiry into and analysis of the factual and legal elements of the problem as well as adequate preparation . c. Maintaining Competence i. C6: A lawyer must keep abreast of changes in the law and its practice. B. Rule 1.2: Scope of Representation a. Lawyers control the means, the client controls the ends . A lawyer shall abide by a clients decisions concerning the objectives of representation and shall consult with the client as to the means by which they are pursued. A lawyer shall abide by a clients decision to settle a matter . Rule 1.2(a) In a criminal case, the lawyer shall abide by the clients decision as to a plea to be entered , whether to waive a jury trial , and whether the client will testify . Rule 1.2(a) b. A lawyers representation of a client does not constitute an endorsement of the clients political, economic, social or moral views. c. A lawyer may limit the scope of the representation . d. A lawyer shall not counsel a client to engage, or assist, in conduct the lawyer knows to be criminal or fraudulent , but a lawyer may discuss legal consequences of any proposed course of conduct. Rule 1.2(d) i. C2: if lawyer and client have fundamental disagreement about objectives and means, lawyer can withdraw - Rule 1.16(b)(4) or the client can fire the lawyer Rule 1.16(a)(3)....
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This note was uploaded on 04/27/2010 for the course LAW 840 taught by Professor Tim during the Spring '10 term at University of Louisville.

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PR-outline - 7/8/2006 Revision 0.1 Author: Philip Larson...

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