MPRE

Courts, Bar Associations, Legislatures, and the ABA’s Model Rules of Professional Conduct (MPRC).

The state’s highest court.

Administer bar exams, CLE, assist with discipline.

Enacts state statutes affecting the practice of law.

Federal statutes, case law, and court/agency rules. Each federal court has its own bar.

They must be rationally related to the practice of law.

Good moral character.

Criminal conduct or acts involving moral turpitude, even without conviction.

Yes.

False statements or failure to disclose information (unless confidentiality applies).

Violating or assisting in violation of RPC; dishonest or fraudulent conduct; conduct prejudicial to justice; implying ability to improperly influence officials; discrimination or harassment.

When the lawyer knows of a violation that raises a substantial question about the lawyer’s honesty, trustworthiness, or fitness.

If the information is confidential or learned through a LAP.

In any state where the lawyer is admitted, had provided, or has offered to provide legal services, regardless of where misconduct occurred.

Complaint filed → investigation → possible hearing → possible decision review by the state’s highest court.

The jurisdiction where the tribunal sits.

Where the conduct occurred, unless its predominant effect is elsewhere.

State courts do usually provide conclusive proof of misconduct, but they may impose their own sanctions. Federal courts conduct their own investigation, but can use sanctions as evidence.

Performing activities that require legal knowledge or skills, are traditionally done by lawyers, or giving legal advice without a license.

Interviewing, appearing before certain agencies, filling forms, preparing tax returns (without legal advice).

Association with local lawyer, pro hac vice admission, mediation/arbitration linked to home-state practice, other related temporary practice.

If an attorney is admitted in a foreign jurisdiction and in good standing, they can establish practice if (1) they are employed only by their client, seeking pro hac vice, and consult with local lawyers on jurisdiction’s law; OR (2) legal services authorized by local or federal law (patent prosecution).

Subject to disciplinary rules in both home and host jurisdictions.

Make reasonable efforts to establish policies ensuring adherence to RPC.

If they ordered, ratified, or failed to remediate known misconduct in time.

Educate, guide, and supervise to ensure ethical conduct.

When the lawyer ordered, ratified, or failed to act to remedy known misconduct.

No, unless it’s a reasonable resolution of an arguable ethics question.

No, partnerships for practicing law with nonlawyers are prohibited.

No, they cannot direct or control a lawyer’s professional judgment.

limited exceptions such as death benefits, sale of law practice, employee plans, sharing with nonprofit who retained lawyer.

No, except for retirement benefits.

Entire practice/field sold, written client notice, seller ceases private practice in area.

Must take all clients and cannot raise existing fees.

When legal and nonlegal services are provided together, or when clients might think RPC apply.

1) Actual agreement, (2) implied assent and reasonable reliance, or (3) court appointment.

When the lawyer’s conduct leads a reasonable person to rely on representation and the lawyer fails to correct that belief.

It’s a question of fact.

If (1) client’s motive is improper, (2) case is frivolous, or (3) personal feelings impair effective representation.

Protect confidentiality, safeguard property, and use reasonable care when giving preliminary advice.

No, but they should do their fair share of unpopular or indigent cases.

Fees must be reasonable.

Only for contingent fee agreements (though written form is preferred for all).

Before or within a reasonable time after representation begins.

Community rates, time/labor, complexity, relationship, results, time limits, and lawyer’s experienceeputation.

No, but they may charge for special services (e.g., computer research, paralegal costs).

Yes, but funds must go in a client trust account and be withdrawn only when earned.

A nonrefundable fee paid to ensure lawyer availability and not placed in a trust account.

Yes, only if allowed by local law.

Keep the disputed portion in a client trust account until resolved.

In criminal and domestic relations cases (except for post-judgment collections).

Calculation method, expense deductions, responsibility for costs, and written client consent.

A written statement showing the outcome and how the fee was calculated.

Yes.

Yes, if (1) split is proportional or they assume joint responsibility, (2) client consents in writing, and (3) total fee is reasonable.

No, but reciprocal nonexclusive referral arrangements are allowed if disclosed to clients.

Yes, if limitation is reasonable and client gives informed consent.

No, may only discuss legal consequences or make good-faith arguments to test the law.

The client.

The lawyer, after consulting with the client.

Settlement offers, plea decisions, jury waivers, whether to testify, and appeals.

Express or implied authorization from the client to act.

When third parties reasonably believe the lawyer is authorized to act, based on client’s conduct.

When the matter ends, lawyer/client dies, lawyer is fired, or lawyer can no longer represent.

If the client faces substantial harm and cannot act in their own interest.

Only as reasonably necessary to protect the client.

If they face imminent harm and have no representative.

Same duties of care and confidentiality as to a client.

Typically no.

All information needed for informed decisions, case status, and major developments.

Yes, unless previously authorized to accept or reject certain offers.

Only if disclosure would cause imprudent reaction or is prohibited by court order.

If made after representation began and K was unfair or unreasonable or lawyer’s work was completed and client was not informed of facts needed to evaluate appropriateness of feesenefits.

Client fires lawyer or lawyer withdraws.

If continued representation violates law/RPC, lawyer’s condition impairs representation, or client insists on crime/fraud.

For reasons like difficult clients, unpaid fees, repugnant objectives, unreasonable burden, or other good cause.

When representation is before a tribunal, court approval is required.

Give notice, allow time for new counsel, return client property, refund unearned fees, and protect client’s interests.

Only to extent permitted by law

Privilege applies to communications in legal proceedings; confidentiality applies to anything related to the case in all contexts.

It prevents a court or tribunal from compelling disclosure of confidential communications made for legal assistance.

It bars a lawyer from disclosing or using any information relating to representation to the client’s disadvantage in any setting.

Indefinitely — it applies to current, former, and prospective clients, even after the client’s death.

Privilege bars disclosure; confidentiality bars both disclosure and use to harm the client.

Anyone the client consults for legal assistance, including lawyers and their agents (paralegals, interpreters, investigators, etc.).

Anyone seeking legal services, even if no representation follows.

When (1) the employee acts at a superior’s direction, (2) knows the purpose is for legal representation, and (3) the communication concerns duties within their job scope.

Information exchanged between lawyer and client for obtaining or providing legal assistance.

Client’s identity, fee arrangements, communications not for legal advice, and pre-existing documents.

They may examine it for representation purposes but must turn it over to authorities afterward.

When the client reasonably believes it will remain private.

No, a public setting destroys confidentiality, but eavesdropping does not.

Privilege belongs to client and they decide whether to waive it

The client, or the lawyer/agent acting with authority, by disclosure or failure to object.

A lawyer has a duty to assert the privilege on the client’s behalf.

(1) Client seeks aid in future crime or fraud; (2) self-defense (lawyer accused of misconduct); (3) civil litigation between former joint clients; and (4) disputes about a deceased client’s intent or competency

Protects materials prepared in anticipation of litigation.

Only if they show substantial need and undue hardship to get equivalent information.

Generally not, even with substantial need and undue hardship.

Very broad, it covers all information relating to representation, regardless of its source or third-party knowledge.

No, it applies to all case-related information, even if not from the client.

Yes, if there’s no reasonable chance of identifying the client.

When the client gives informed consent or implied consent for the client’s benefit (e.g., sharing with staff or negotiating in the client’s interest).

To prevent reasonably certain death or substantial bodily harm.

To prevent, mitigate, or rectify financial harm caused by a client’s crime or fraud using the lawyer’s services.

When accused of misconduct (malpractice, ethics complaint, etc.).

Always permissible if necessary for compliance with the rules.

Yes, but limited information only and must not unnecessarily reveal privileged or prejudicial details.

Yes, but must challenge the order if reasonable grounds exist.

The duty of candor to the tribunal.

To make reasonable efforts to prevent unauthorized disclosure or access.

Sensitivity of the information, cost of safeguards, difficulty of protection, and client instructions.

At any point during representation.

Discipline, disqualification from the case, or civil liability.

If one lawyer is disqualified, all lawyers in the firm/organization are disqualified.

Conflict is uniquely personal to a lawyer or arises from a lawyer screened from a case.

Formal agreement, hold out as firm, share revenue and responsibilities, access to each other’s files, routine discuss matters, and purpose of conflict rules.

Direct adversity and material limitation

Representation is directly adverse to another client

Representation is materially limited by another interest or loyalty

Yes, if the lawyer reasonably believes they can represent each client competently and obtains written informed consent from each client.

No, never.

Opposing clients in the same matter, representing a client’s opponent in another matter, cross-examining a client in another matter.

No.

Yes, as long as they aren’t adverse in any matters.

When representation may be limited by duties to another client, former client, third party, co-party, or lawyer’s personal interests.

Explain all consequences to clients, obtain informed consent, re-address if conflict becomes real, and withdraw if necessary.

Using information against a client without consent.

Client consents, confidentiality rules allow disclosure, or disclosure is permitted under law.

Transaction must be fair, terms disclosed in writing, client advised to seek independent counsel, and client gives informed consent in writing.

No, except contingent fees or liens allowed by law.

Only if unsolicited; cannot draft an instrument granting themselves substantial gift unless related.

No, only after the case is fully concluded (including appeals), unless portrayal is not a substantial part of the work.

Generally no, except advancing court costs (repayment can be contingent on outcome), indigent clients’ basic living expenses, or minor gifts to pro bono indignant clients.

Must fully explain the claims and what everyone is getting and get each client’s informed consent in signed writing

In a class action unnamed members don’t have lawyer/client relationship,but lawyer must follow notice and procedural requirements (full disclosure and informed consent in writing)

Yes, with client’s informed consent, but third parties cannot interfere or access confidential information.

Only pre-existing relationships, even then risky if it affects lawyer judgment.

No, except if info is generally known or an exception to confidentiality applies.

No, unless the former client gives consent.

Yes, unless screened, no fee sharing, notice to former client, and updates provided.

Anyone consulting a lawyer in good faith about forming a client-lawyer relationship.

No, unless waived in writing by both prospective and current client.

Firm demonstrates they screened conflicted lawyers, limited lawyer’s exposure to information, no fee sharing, and provides written notice to prospective client.

No, if personally and substantially involved, unless the government consents. Screening can cure imputation.

No, unless agency/former client consents.

No, unless parties give written informed consent. Screening may cure imputation.

No, unless all parties provide written informed consent.

Yes, but only after they have notified their judge or adjudicative officer.

Knowledge, skill, thoroughness, and preparation necessary for the representation.

1. Associate with someone competent, or
2. Learn the required skills in time to act at general practitioner level.
3. Emergency assistance is permitted without competence

No, but must not delay the case to get help or learn.

A lawyer may provide emergency help outside their competence only for the limited period necessary.

Complexity/specialization, lawyer’s experience/training, preparation/study, and ability to consult or refer.

Reasonable diligence and competence, dedication, and zeal.

Coverage for their untimely death, disability, or disappearance, must designate competent lawyers to review files and protect clients.

No, malpractice is separate, though ethics violations may serve as evidence.

Tort (fraud, misrepresentation), breach of fiduciary duty, breach of contract, negligence (most common).

Exercise competence and diligence normally expected of similar attorneys. Higher standard if held out as specialist.

Missing deadlines, failing to refer to specialists, giving bad advice, etc.

Client would have succeeded but for the lawyer’s malpractice.

Value of lost claim or payment client had to make.

Prospective clients consulted, intended beneficiaries, or those invited to rely on legal advice.

If an employee acts in the ordinary course of business or with authorization.

Jointly and severely liable for firm obligations.

No, but it is prudent for all lawyers.

Advise the client in writing to seek independent counsel and give reasonable opportunity to do so.

Generally no, unless the client is independently represented.

Yes, if permitted by state law and client is fully informed on what agreement means.

Only when it is not frivolous, meaning it has a good faith basis under current law or a good faith argument for changing the law.

One that has no good faith argument under current law and no good faith argument for modifying the law.

A criminal defense lawyer may require the prosecution to prove every element of the case, even if the defense itself is weak or frivolous.

Make reasonable efforts to expedite litigation consistent with the client’s legitimate interests.

No, financial gain is not a legitimate interest.

Situations such as illness, emergencies, or other valid circumstances.

The duty to be honest when advocating before a tribunal or body that issues binding legal judgments.

It applies only to tribunals that issue binding judgments, so not to mediation.

The duty of candor to the tribunal supersedes the duty of confidentiality.

No, and the lawyer must correct any unintentional materially false statements of law.

The lawyer must disclose it.

No, and the lawyer must correct unintentional material false statements of fact.

Generally no, because these reflect the client’s statements, but the lawyer may not make false statements personally.

No, except in ex parte proceedings, where the tribunal relies solely on the lawyer’s representations.

No, and a lawyer may refuse to offer evidence they reasonably believe is false.

(1) Speak to the client confidentially and urge withdrawal of the false evidence; (2) Seek to withdraw or have the evidence struck; (3) Disclose the matter to the court, even if it requires revealing confidential information.

Until the time for appeal has expired or final judgment has been affirmed.

Once the judgment is final and unappealable.

Take appropriate measures to prevent it.

Hiding or destroying evidence, bribing witnesses, intimidating jurors, buying judges, or disobeying disclosure laws or court orders.

Destroying, tampering with, falsifying, or helping someone commit perjury.

No frivolous discovery requests and must comply with proper discovery obligations.

Yes, if the person is the lawyer’s client, relative, employee, or agent and withholding the information won’t harm their interests.

Expert witnesses: May be paid reasonable fees and expenses, but not on a contingency basis. Non-expert witnesses: May only be reimbursed for reasonable expenses, not for testifying.

Yes, as part of diligence, but cannot break any ethics rules while doing so.

No.

No, except when asserting in good faith that the order is invalid.

Referring to inadmissible evidence. Stating personal knowledge of facts. Giving personal opinions on the justness of a cause, credibility of witnesses, or guilt/innocence.

No, not solely for leverage.

No oral ex parte communication on the merits without notifying the adversary. Written communications must be copied to opposing counsel. Cannot communicate with jurors during the case.

Only if not prohibited by law, court order, or the juror’s request, and without misrepresentation, coercion, or harassment.

Yes, discreetly and using only public information to determine grounds for challenge.

Yes, but not about the case.

When it is substantially likely to cause material prejudice to a proceeding.

Character, credibility, confessions, examination results, inadmissible material, or whether the defendant will plead guilty.

Facts in the public record, procedural details (parties, claims, schedule), and warnings about public dangers (e.g., a fugitive posing risk).

No, they also apply to colleagues, employees, and agents associated with the case.

Yes, but only to the extent necessary to mitigate unfair prejudice.

They must not make statements likely to heighten public condemnation of the accused.

Generally no, unless an exception applies, including: (1) Testimony about uncontested matters or formalities. (2) Testimony about the nature or value of legal services. (3) Disqualification would cause substantial hardship to the client.

No, the conflict is not imputed to the firm, but client consent must be confirmed in writing.

No, a lawyer must not knowingly make a false statement of material fact or law to any third party.

No, puffery (e.g., optimistic or subjective statements) is permitted and not considered material fact.

When necessary to avoid assisting a client in committing a crime or fraud.

Yes, disclosures must stay within the confidentiality exceptions (e.g., preventing substantial financial injury or bodily harm).

No, unless the other lawyer gives consent or the law authorizes the contact, even if the represented person started the conversation.

The lawyer must immediately stop the conversation.

Yes, parties may communicate directly and it is not a violation for the lawyer to advise or facilitate such communication.

Yes, a lawyer may communicate with a represented person who seeks a second opinion or new counsel, even if they are currently represented.

(1) Anyone with authority to bind the organization; (2) Anyone whose actions may be imputed to the organization for criminal or civil liability; (3) Anyone who supervises, directs, or regularly consults with the organization’s lawyer on the matter.

Yes, if that person’s own counsel consents — no consent from the organization’s lawyer is required.

Yes, unless the former employee has their own counsel, in which case consent from that lawyer is required.

Yes. A lawyer acting pro se is considered to be representing a client and may not communicate with a represented person about the matter without the other lawyer’s consent.

Yes, but the lawyer must not imply that they are disinterested.

The lawyer must correct the misunderstanding and clarify that they represent a client with adverse interests.

No, except to advise the person to obtain their own legal counsel.

No, a lawyer must not take actions that have no substantial purpose other than to embarrass, delay, or burden a third person.

The lawyer must promptly notify the sender so the sender can take protective measures.

That depends on state law — some states require return without review, others allow examination once notice is given.

Yes. A lawyer may offer moral, economic, social, or political advice when relevant to the client’s situation.

Yes, when appropriate, a lawyer may initiate or volunteer advice.

The lawyer must be honest and objective in the evaluation.

Only if doing so is consistent with the lawyer’s other responsibilities to the client.

If the evaluation poses no significant risk to the client, disclosure is impliedly authorized. If it poses material risk or harm, the lawyer must obtain the client’s informed consent before disclosure.

Yes, except to the extent disclosure is authorized or impliedly required by the evaluation itself.

Yes, a lawyer may be liable for negligence in conducting or reporting the evaluation.

No, a lawyer must not knowingly make false statements of material fact.

No, there is no duty to volunteer harmful facts.

Yes. Statements like “My client’s bottom line is \$10,000” are considered puffery and not material facts.

Make sure the party understands the lawyer is not representing them and is acting as a neutral.

The lawyer must not represent anyone involved in the matter afterward, unless all parties give informed written consent.

File charges only with probable cause. Ensure the accused is advised of the right to counsel. Ensure the accused has a fair opportunity to obtain counsel. Not seek to have the accused waive important pretrial rights. Disclose evidence favorable to the defense.

Promptly disclose any new, credible, and material evidence of wrongful conviction. Take steps to remedy a conviction if there is clear and convincing evidence of innocence in their jurisdiction.

Must not make statements that heighten public condemnation of the accused, unless for a legitimate law enforcement purpose. Must also prevent police or associated personnel from making such statements.

Only when the information is not privileged, essential to the case, and unobtainable by other means.

Do not bring or continue actions that are obviously unfair. When litigation is warranted, develop a full and fair record. Never use authority to harass, coerce, or force unjust settlements.

That they are appearing in a representative capacity—not on their own behalf.

No, only that they represent a client’s interests.

Yes. The lawyer must not make false statements, present false evidence, improperly influence decision-makers, or obstruct access to evidence.

(1)In bilateral negotiations with the government; (2) When applying for a license or other privilege; (3) When the government is investigating or reviewing a client’s regulatory compliance (e.g., tax filings).

To the organization itself, not to individual members or employees.

Only with informed consent from both parties, because this creates a material limitation conflict.

Report internally to higher authority within the organization. If no action is taken, the lawyer may report externally if necessary to prevent substantial injury to the organization, even if confidentiality applies—unless the lawyer was hired specifically to investigate the violation. If hired for an internal investigation, the lawyer cannot report outside.

Yes, but it may create conflicts and confusion.

Other directors may misunderstand the scope of attorney-client privilege. The lawyer’s professional judgment may be compromised.

Resign as director or decline to act as the organization’s lawyer in that matter.

Lawyers who represent issuers of securities before the SEC or advise on SEC filings.

Report the evidence to the client’s Chief Legal Officer (CLO).

Credible evidence that an officer or employee has breached a fiduciary duty or committed a similar material violation of law.

Investigate the claim and determine if a violation occurred. If no violation occurred, report that conclusion to the securities lawyer. If a violation occurred or is about to occur, take reasonable steps to stop or remedy it and report those steps to the lawyer.

Report the evidence to the board of directors, the audit committee, or a committee of outside directors.

When reasonably necessary to: Prevent substantial financial injury to the client or investors; Rectify such injury if it involved the lawyer’s services; or Prevent the client from committing or suborning perjury in an SEC or other federal matter.

No, compliance protects the lawyer from civil liability or inconsistent state disciplinary actions.

Report the firing to the client’s board of directors, which may lead to a wrongful-termination claim.

To protect and safeguard client property with the care of a professional fiduciary, taking all reasonable steps to prevent loss or misuse.

No. A lawyer must not mix client property with their own.

Firm money belongs in the office account; client money must be in a separate client trust account.

Only to cover necessary bank service charges, and only in the amount needed for that purpose.

A pooled trust account holding funds for multiple clients, where the interest goes to charitable legal causes; participation is mandatory if required by the state.

In the client trust account until earned.

In the firm’s own account.

Keep complete records, preserve them for five years after representation ends, provide accountings on request, promptly notify clients of received property, and deliver property promptly.

Keep the disputed portion in the client trust account until resolved and disburse only the undisputed portion.

The funds must stay in the trust account until an accounting determines the division between client and lawyer.

The lawyer must keep the disputed portion in the trust account until the dispute is resolved.

They must be true and not misleading.

By including appropriate disclaimers or qualifying language.

It is protected commercial speech under the First and Fourteenth Amendments. No total ban on advertising permitted.

Intermediate scrutiny: restrictions must serve a substantial government interest, directly advance that interest, and be narrowly tailored.

The name and contact information of at least one responsible lawyer or firm.

Names of current, retired, or deceased partners (if continuity of identity exists).

Misleading names suggesting government affiliation, public charity, or nonexistent partnerships.

A disclaimer clarifying that the firm is not a public legal aid organization.

Yes, if consistent with local rules.

Only if certified by an ABA-accredited or state-approved organization, and the certifying organization is identified.

Yes, if based on actual experience, training, or education in that field.

No, but nominal post-referral gifts are allowed if not prearranged.

Reasonable advertising costs, fees for legal service plans, or nonprofit referral services.

That the service’s activities are compatible with the lawyer’s professional obligations.

They must be nonexclusive, of limited duration, disclosed to clients, and not interfere with professional judgment.

A targeted communication initiated by or on behalf of a lawyer, directed to someone known to need legal services, offering to provide them.

General public advertisements or communications initiated by potential clients.

When motivated by financial gain and conducted via in-person, phone, or real-time electronic contact.

Soliciting relatives, close friends, other lawyers, prior business/professional contacts, or regular business users of such services.

Yes, as long as they are not coercive, harassing, or directed to someone who has said they don’t want to be solicited.

When the recipient has opted out, or when solicitation involves coercion, duress, harassment, or violates specific time-based legal restrictions.

No, not for conduct the lawyer is prohibited from doing themselves; lawyers must train staff accordingly.

Yes, to an organization considering offering it to members.

No, but the plan itself may contact potential members if not targeting those known to need specific legal services.

No, that would create a conflict.

50 hours per year, but this is not mandatory.