MPRE STUDY GUIDE 2026-2027

Generally yes, but the testamentary exception lets it be set aside in a dispute between parties who claim through the deceased client, such as heirs contesting a will.

Not as between them in a later dispute over the matter. Against outsiders it still applies, and one joint client generally cannot waive it alone.

Yes. Communications made to or through a lawyer's agents, such as paralegals, secretaries and retained experts needed to give advice, remain privileged.

Yes. A person who consults a lawyer to obtain legal advice is protected whether or not the lawyer is later retained.

No. It protects the communication, not the facts, so a witness may still be asked about the facts themselves.

Confidentiality is an ethics duty covering all information relating to the representation. The privilege is an evidentiary rule that protects certain confidential communications from compelled disclosure in a proceeding.

A third party who is not necessary to the communication generally destroys confidentiality and the privilege, but a necessary agent of the lawyer or client, such as an interpreter, does not.

It continues after the representation ends and after the client dies.

No more than the lawyer reasonably believes necessary, and first by a means that limits harm, such as telling only the person who can prevent the harm.

Assert the privilege and confidentiality on the client's behalf, seek protection, and disclose only as a court orders (after appeal where appropriate) or with the client's consent.

No. The Model Rule says a lawyer may reveal information in those cases, so disclosure is permissive unless some other law or rule requires it.

Yes. The duty reaches information that is public or already known to others, which is much broader than the privilege.

Rule 1.6(b)(1) permits disclosure to the extent reasonably necessary when the lawyer reasonably believes death or substantial bodily harm is reasonably certain, which can include a client's own threatened suicide.

Not if it reveals information relating to the representation or identifies the client without informed consent, even if the post names no one but can be traced to the client.

Yes, if there is no reasonable likelihood the listener could ascertain the client's identity or the situation involved.

Not without the insured's informed consent unless the disclosure is impliedly authorized. The insured is the client, and the lawyer must protect the insured's confidences.

No. Past misconduct that does not fall within Rule 1.6(b) stays confidential, because the exceptions do not reach a completed act with no continuing harm.

Yes. Rule 1.6(a) allows disclosure with informed consent, and the lawyer should explain the risks and alternatives.

No. A lawyer may respond without revealing confidences. The self-defense exception applies to a claim or controversy, not to a public complaint.

Ordinarily yes, because there is a reasonable expectation of privacy in email. For highly sensitive information or special circumstances, the lawyer should use added safeguards or get the client's informed consent.

Yes, generally, as part of the representation, unless the client has instructed otherwise or the information is walled off for a conflict.

No. Rule 8.1 does not require disclosure of information protected by Rule 1.6. The lawyer may assert the privilege, though a lawyer cannot lie or hide behind the rule to avoid answering.

A communication between the client (or prospective client) and the lawyer, made in confidence, for the purpose of obtaining or giving legal advice.

Rule 1.6(b)(7) permits limited disclosure to detect and resolve conflicts caused by changes in firm ownership, only so far as reasonably necessary and without prejudicing the client.

Disclosures reasonably necessary to carry out the representation, such as discussing facts with opposing counsel in a negotiation, unless the client has given contrary instructions.

Revealing information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or an exception in Rule 1.6(b) applies.

Disclosure to prevent, mitigate or rectify substantial financial injury that has resulted from the client's crime or fraud, if the client used the lawyer's services to further it.

Disclosure to the extent reasonably necessary to secure legal advice about the lawyer's own compliance with the Rules.

Disclosure to comply with other law or a court order. The lawyer should first assert privilege and confidentiality and appeal an adverse ruling when appropriate.

Disclosure to detect and resolve conflicts of interest arising from the lawyer's change of employment or a change in a firm's composition, if the disclosure does not prejudice the client.

Reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or access to, information relating to the representation.

Using information relating to the representation to the client's disadvantage unless the client gives informed consent, even if the lawyer does not disclose it.

A lawyer may not use it to the former client's disadvantage unless it has become generally known, or reveal it, except as the Rules permit or require.

Information widely recognized in the community or field, not merely a matter of public record that could be found with effort.

Communications between corporate counsel and employees, at any level, made at the direction of management to secure legal advice for the company. The privilege belongs to the corporation.

The sensitivity of the information, the likelihood of disclosure without safeguards, the cost and difficulty of added safeguards, and how much they hurt the lawyer's ability to represent clients.

Under the federal approach, reasonable steps to prevent and promptly rectify the disclosure keep the privilege, but intentional waiver or careless disclosure may lose it.

All information relating to the representation, whatever its source and whether or not it is privileged or embarrassing.

The privilege does not protect a communication made to get the lawyer's help in committing or furthering a future crime or fraud. It does not reach advice about past misconduct.

A rule shielding documents and tangible things prepared in anticipation of litigation by or for a party or its lawyer. Opinion work product gets the strongest protection and a party can obtain other work product on a showing of need.

Under Rule 4.4(b), promptly notify the sender if the lawyer knows or reasonably should know it was inadvertently sent, so that the sender can take protective measures.

To establish a claim or defense in a controversy with the client, to defend against criminal charges or other claims based on the client's conduct, or to respond to allegations about the representation.

To prevent a crime or fraud that is reasonably certain to cause substantial financial injury and in which the client has used or is using the lawyer's services.

Rule 1.6(b)(1) permits disclosure to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.

The client. Only the client can waive it, and the lawyer must assert it unless the client consents to disclosure.

Yes, if it is a half-truth. A statement that is technically accurate but leaves out a fact needed to avoid a misleading overall impression is prohibited.

Yes. It applies to all communications about a lawyer's services in any medium, including websites, blogs, social media profiles and online directories.

A firm name is a communication, so it may not be false or misleading, such as implying a connection with a government agency, a public legal organization or a lawyer who is not in the firm.

It must not suggest the lawyer is licensed where the lawyer is not. A firm with offices in several places should indicate the jurisdictional limits of lawyers who are not licensed in each.

Yes. A lawyer who orders or approves an ad, or a nonlawyer assistant or marketer working under the lawyer's authority, is responsible for it under Rules 5.3 and 8.4(a).

Only if the result is accurate and the ad is not misleading. Presenting past results can create an unjustified expectation, so a disclaimer that results vary may be needed.

Not unless the claim can be factually substantiated. Unverifiable comparisons with other lawyers may be misleading, and puffery should be avoided.

Yes, if it is nominal, such as a token of appreciation, and not intended or reasonably expected to be given in exchange for the recommendation.

Yes, if it is a qualified lawyer referral service, one approved by an appropriate regulatory authority, and the lawyer pays only its usual charges.

No. Rule 7.2(b) bars giving anything of value for recommending the lawyer, and a lawyer cannot use a runner or agent to do what Rule 7.3 forbids the lawyer to do, under Rule 8.4(a).

Under the Model Rule, written communications are not live contact and are allowed if not false or misleading. Shapero protects targeted mail, but states may impose waiting periods, as upheld in Went For It.

Yes, if the plan is operated by an organization not owned or directed by the lawyer and uses live contact to enroll members who are not known to need legal services in a particular matter, under Rule 7.3(c).

Yes, if truthful and not misleading. A testimonial that implies the same result is typical, or is given by a paid or fictitious client without disclosure, may violate Rule 7.1.

Only if accurate. It may be misleading if it omits that the client may still owe court costs or expenses regardless of outcome.

In-person, face-to-face, live telephone and real-time electronic contact. Letters, advertising and recorded or other non-live communications are not covered.

Truthful lawyer advertising is protected commercial speech under the First Amendment, so states may not ban it, but they may regulate false, deceptive or misleading ads.

A 30-day ban on targeted direct-mail solicitation of accident victims and their families was upheld as a reasonable restriction under Central Hudson.

Solicitation by a lawyer of a prospective client on behalf of a nonprofit that engages in political expression and association, such as the ACLU, is protected by the First Amendment, even though a state may restrict solicitation for gain.

A state may discipline a lawyer for in-person solicitation of accident victims for pecuniary gain, because of the risk of overreaching, even without proof of actual harm.

A lawyer's truthful statement of certification by a private specialty organization, such as on letterhead, is not inherently misleading and cannot be banned absolutely.

A state may not categorically ban truthful, nondeceptive targeted direct-mail solicitation of people known to face a particular legal problem.

A state may require reasonable disclosures in ads, such as that the client may owe costs, but may not ban truthful, nondeceptive advertising, including illustrations.

A false or misleading communication about the lawyer or the lawyer's services. A communication is misleading if it contains a material misrepresentation of fact or law, or omits a fact needed to make the statement as a whole not misleading.

A lawyer may advertise services through written, recorded or electronic communication, including public media, subject to Rule 7.1.

Giving anything of value to a person for recommending the lawyer's services, subject to listed exceptions.

Soliciting professional employment by live person-to-person contact when a significant motive is the lawyer's pecuniary gain, unless the person is a lawyer or has a family, close personal, or prior business or professional relationship with the lawyer.

A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.

Accepting a government legal engagement or an appointment by a judge if the lawyer or firm makes or solicits a political contribution for the purpose of obtaining or being considered for that engagement.

It must not be exclusive, and the client must be informed of the existence and nature of the agreement. The lawyer must also still exercise independent judgment in recommending others.

The reasonable cost of advertisements, the usual charges of a legal service plan or qualified lawyer referral service, the purchase of a law practice under Rule 1.17, referrals under a reciprocal agreement, and nominal thank-you gifts.

The name and contact information of at least one lawyer or law firm that is responsible for its content.

A patent lawyer may use "Patent Attorney" or a similar designation, a registered patent agent may use "Patent Agent", and a lawyer engaged in admiralty practice may use "Admiralty," "Proctor in Admiralty" or a similar designation.

The Central Hudson test: the speech must concern lawful activity and not be misleading, the state's interest must be substantial, the restriction must directly advance it, and it must be no more extensive than necessary.

When the target has made known a desire not to be solicited, or the solicitation involves coercion, duress or harassment, under Rule 7.3(b).

Only if certified by an organization approved by an appropriate authority, such as a state or the ABA, and the certifying organization is clearly identified in the communication, under Rule 7.4(d).

Statements made in judicial proceedings that are pertinent to the case are protected by the litigation privilege, which is often absolute.

Many states limit recovery to economic loss. Emotional distress damages are allowed in limited cases, such as criminal or family matters or egregious conduct.

Yes. A lawyer who knowingly assists a fraud may face claims by the defrauded party, such as aiding and abetting, as well as discipline under Rules 1.2(d) and 8.4(c).

Yes. When a lawyer gives advice as a business adviser, negligence principles may apply, and Rule 5.7 may extend the Rules to law-related services.

Yes. A lawyer is liable to anyone for fraud or intentional misrepresentation, such as knowingly making false statements of fact to a third party who relies on them.

In most states no, as against public policy, because of the personal nature of the relationship and the duty of confidentiality.

Yes. Beyond discipline, a lawyer may face liability to the client for breach of fiduciary duty, or for resulting damages.

Yes. A lawyer who ignores client instructions on objectives, or acts without authority, may be liable for breach of duty and damages, and may also violate Rule 1.2.

Yes. Abandoning a client violates Rule 1.16(d) and may be negligence or breach of fiduciary duty if the client is harmed.

No. The Scope section says the Rules are not designed to be a basis for civil liability, and a violation does not itself give rise to a cause of action.

No. The Model Rules do not require insurance or disclosure of coverage, though some states do.

No. Discipline is separate from civil and criminal proceedings and uses different standards of proof, so a lawyer may be disciplined even after being acquitted or winning a malpractice case.

Yes, a limited one. A lawyer who gives advice to a prospective client may be liable for negligence, and should warn of limitations deadlines when declining the matter.

Generally no duty of care to an opposing party, but a lawyer must not defraud or commit other torts against nonclients, and Rule 4.1 prohibits false statements.

No. Pro bono and no-fee clients are owed the same competence, diligence and care as fee-paying clients.

In many states it reduces or bars recovery under comparative or contributory negligence rules, as with a client who ignored clear advice.

Yes. Under respondeat superior, the firm is liable for torts committed by its lawyers and staff within the scope of their work.

Generally no. Under the judgmental immunity approach, an informed, reasonable choice among defensible options is not negligence merely because it failed.

Yes, the lawyer and firm can be liable for a paralegal's or secretary's negligence within the scope of employment, and Rule 5.3 requires reasonable supervision.

Generally no, unless the referral was negligent, or the lawyer takes part in a fee division that carries joint responsibility under Rule 1.5(e).

No. Rule 1.1 and the malpractice standard apply to all lawyers, though a novice may need to associate with an experienced lawyer or study more.

Yes. General partners are jointly and severally liable for the partnership's obligations, including a partner's negligence in firm business.

Usually yes, to establish the standard of care and its breach, unless the negligence is obvious to a layperson.

It is a classic form of negligence, and also violates Rules 1.1 and 1.3. The client must still show it caused damages, as through the case-within-a-case.

No. A violation may be relevant evidence of the standard of care, but it does not by itself create liability or a presumption of breach.

Yes, if the lawyer can achieve competence through necessary study or by associating with a competent lawyer, and the time and cost are not unreasonable to the client.

Yes. In an emergency, a lawyer may give advice or assistance limited to what is reasonably necessary, even without the usual preparation.

A lawyer appointed as counsel may accept if the needed competence can be reached through reasonable preparation, and must then provide competent representation, studying or associating with experienced counsel as needed.

Yes. Competence includes keeping abreast of changes in the law and its practice and engaging in continuing study and education.

The duty is limited to the agreed scope, but the lawyer may need to alert the client to obvious related legal problems outside that scope so the client can seek help.

An attorney-client relationship, a duty, a breach of the standard of care, proximate causation, and actual damages.

Vicarious liability for the malpractice of other lawyers in the firm, but not from liability for the lawyer's own wrongful acts.

Competent representation, meaning the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

To prove causation in a negligence claim arising from litigation, the plaintiff must show that the underlying case would have been won (and the damages recovered) but for the lawyer's error.

A lawyer should keep abreast of changes in law and its practice, including the benefits and risks of relevant technology.

The relative complexity and specialized nature of the matter, the lawyer's general experience and training, the preparation and study the lawyer can give, and whether it is feasible to associate or consult with a lawyer of established competence.

In most states, exoneration or actual innocence, usually shown by post-conviction relief, in addition to the usual malpractice elements.

The lawyer must reasonably believe the other lawyer is competent, and the client must give informed consent when the other lawyer is to be retained, along with the fee and responsibility rules.

Damages, and in some cases disgorgement or forfeiture of the fee, even where the client is not otherwise harmed.

That of a reasonably prudent lawyer under similar circumstances. A specialist is held to the standard of the specialty.

For abuse of process or wrongful use of civil proceedings, where the lawyer acts without probable cause and for an improper purpose, though courts apply these claims narrowly.

Often when the client discovers or reasonably should have discovered the injury and its cause, and many states toll it while the lawyer continues to represent the client on the matter.

When the lawyer prepared the letter for the client knowing the third party would rely on it, and the lawyer was negligent or misrepresented facts, under the negligent misrepresentation approach.

When the nonclient is an intended beneficiary of the lawyer's services, such as a beneficiary named in a will the lawyer prepared, and the lawyer's duty ran to them.

For fraud, malice or willful or reckless misconduct. Ordinary negligence does not support punitive damages.

Not against the other without consent. The spouses are former joint clients, and the divorce is a materially adverse, substantially related matter requiring informed consent under Rule 1.9(a).

Yes, at any time. The effect depends on the circumstances, including the reliance of the other client, and the lawyer may be unable to continue for either client.

Yes. Under Rule 1.10(c), a conflict imputed under Rule 1.7 can be waived by the affected client through informed consent, confirmed in writing, as provided in Rule 1.7.

No. Rule 1.7(b)(3) bars a lawyer from asserting a claim by one client against another client in the same proceeding, and consent does not cure it.

Generally yes. A paralegal or other nonlawyer with confidential information can be screened and barred from the matter, rather than disqualifying the entire firm, in most jurisdictions.

No. The Model Rules allow it under Rule 1.10(a)(2), but many states restrict it, for instance when the lawyer had a substantial role in the matter or in litigation.

Ordinarily no. General knowledge of the client's policies and practices is not enough by itself, but it may be if the information would materially advance the new client's position.

Not automatically. An affiliate is a client only if the lawyer agreed to represent it, or its confidences or circumstances make it the functional equivalent, so a conflict analysis turns on those facts.

No. A standard fee agreement is not a business transaction under the rule. Rule 1.8(a) applies when the lawyer takes an ownership interest or other stake in the client's business or property.

No. A lawyer may practice in an entity that limits liability for others' malpractice where law allows, but may not limit their own liability to a client.

It bars sexual relations with a constituent who supervises, directs or regularly consults with the lawyer about the organization's legal matters.

For nonprofit or court-sponsored limited services without expectation of continuing representation, Rules 1.7 and 1.9(a) apply only if the lawyer knows of a conflict, and imputation under Rule 1.10 applies only if the lawyer knows.

Information may become obsolete and a matter may cease to be substantially related, but the lawyer must still avoid using confidential information against the former client under Rule 1.9(c).

The lawyer should explain at the outset that there are no secrets between the joint clients. If one client shares material information and demands it be kept from the other, the lawyer may have to withdraw.

No. A lawyer is barred only if the lawyer personally represented the client or actually acquired protected, material information. Lawyers who had no access to that client's information are not disqualified.

Yes. Cross-examining a current client as an adverse witness is direct adversity under Rule 1.7(a)(1), even in a matter in which the lawyer does not represent that client.

Yes. A simple gift such as a holiday present is allowed if it is not solicited and not substantial. A substantial gift needing a legal instrument should be reviewed by a different lawyer.

No, under Rule 1.8(i), with two exceptions: a lien authorized by law to secure the fee or expenses, and a reasonable contingent fee in a civil case.

Yes. Rule 1.8(e) lets a lawyer advance court costs and expenses, with repayment contingent on the outcome, and pay them outright for an indigent client.

No. For example, a lawyer who drafted a contract may not later argue its invalidity for a new client against the former client, because the matters are substantially related.

Only by meeting the Rule 1.8(a) safeguards: fair terms fully disclosed in writing, advice to consult independent counsel, and the client's signed informed consent.

No, unless the lawyer or the recipient is related to the client. Rule 1.8(c) forbids preparing an instrument giving the lawyer or a related person a substantial gift.

Generally no. The "hot potato" doctrine treats the dropped client as still current, so the conflict is analyzed under Rule 1.7, and withdrawal cannot be used to turn a current client into a former one.

Under the current Model Rule, modest gifts for food, rent, transportation, medicine and similar needs are allowed if there was no promise or expectation before the representation and they are not advertised.

No. Rule 1.8(e) bars a lawyer from making or guaranteeing loans for a client's living expenses, because it gives the lawyer a stake in the outcome of the case.

No, under Rule 1.8(j), unless a consensual sexual relationship existed before the client-lawyer relationship began.

No. Rule 1.8(e) bars financial assistance in connection with litigation beyond costs and the permitted humanitarian gifts, since it could encourage litigation and compromise independence.

Not prospectively, unless the client is independently represented in making the agreement, under Rule 1.8(h)(1).

No. Rule 1.8(d) prohibits a lawyer from making or negotiating an agreement giving the lawyer literary or media rights to a portrayal of the representation before it concludes.

Yes. Rule 1.9(a) applies only to the same or substantially related matters, but the lawyer may not use or reveal the former client's confidences.

Only if the lawyer reasonably believes they can represent the client competently and the client gives informed consent, confirmed in writing, because the lawyer's own interest creates a material limitation conflict. Rule 1.8(a) may also apply.

No. Rule 1.8(c) bars a lawyer from soliciting a substantial gift, including a testamentary gift, from a client.

Not without informed consent from both clients. Suing a current client is directly adverse even when the matters are unrelated.

Only if Rule 1.8(a) is satisfied, because a mortgage or lien on the client's property is a business transaction. A statutory lien on the recovery is separate under Rule 1.8(i).

Only if all parties to the mediation give informed consent, confirmed in writing. The lawyer also cannot use confidences learned as a neutral.

Yes, if the client is fully informed of the scope and effect of the clause and it does not limit the lawyer's liability.

Only if the lawyer reasonably believes they can represent both competently and each gives informed consent, confirmed in writing. It is generally permitted in a non-contested transaction, but not once their interests become adverse.

Yes, if the disqualified lawyer is timely screened, gets no part of the fee, and prompt written notice goes to the government agency, under Rule 1.11(b).

After a lawyer leaves, the firm may act adverse to that lawyer's former client unless the matter is the same or substantially related and a lawyer still at the firm has protected information material to the matter.

The seller stops practicing in the geographic area or practice area, sells the entire practice or area of practice, gives written notice to clients, and clients' fees are not increased by the sale.

The lawyer reasonably believes they can give competent and diligent representation to each affected client, the representation is not prohibited by law, it does not involve one client's claim against another in the same proceeding, and each affected client gives informed consent, confirmed in writing.

A current government lawyer is subject to Rules 1.7 and 1.9, may not participate in a matter handled personally and substantially in private practice, and may not negotiate for private employment with a party in a matter being handled.

The client gives informed consent, there is no interference with the lawyer's independent judgment or the client-lawyer relationship, and the client's information stays protected under Rule 1.6.

There is a significant risk of material limitation, so each client's informed consent is required. This personal conflict is not generally imputed to other lawyers in either firm.

The lawyer's roles may conflict, and communications may lose privilege. The lawyer should consider whether the dual role creates a material limitation and be ready to step aside from one role.

A particular matter involving specific parties, such as a contract, investigation, claim or proceeding. General rulemaking or policy work is usually not a matter.

The client agrees after the lawyer explains the material risks and reasonably available alternatives. The consent may be given orally and promptly confirmed by a writing, or signed by the client.

The conflict must arise from the lawyer's prior firm, the lawyer is timely screened and gets no part of the fee, and prompt written notice goes to the former client, with certifications of compliance.

Representing a private client in a matter in which the lawyer participated personally and substantially as a public employee, unless the appropriate government agency gives informed consent, confirmed in writing.

Confidential government information about a person that the lawyer acquired in office and which is not public. The lawyer may not represent a private client adverse to that person if the information could materially disadvantage the person.

Representing anyone in connection with a matter in which the lawyer participated personally and substantially as a judge, arbitrator, mediator or other third-party neutral, unless all parties give informed consent, confirmed in writing.

Before a lawyer takes part in an aggregated agreement on guilty or nolo contendere pleas, each client must give informed consent in a signed writing after disclosure of all pleas and each person's part.

The lawyer must advise the client in writing of the desirability of seeking independent legal advice and give the client a reasonable opportunity to do so.

Representing a person in the same or a substantially related matter in which that person's interests are materially adverse to a former client, unless the former client gives informed consent, confirmed in writing.

Consent to the transfer of the client's representation is presumed if the client fails to object within 90 days of the notice, though the client may retain other counsel or take the file.

Under Rule 1.0(c), lawyers in a law partnership, professional corporation or other association, and lawyers in the legal department of a corporation or other organization or in a legal services organization.

One where the representation of a client will be directly adverse to another client, or where there is a significant risk it will be materially limited by duties to another client, a former client, a third person, or the lawyer's own interests.

A significant risk that the lawyer's duties to others, or the lawyer's own interests, will limit the lawyer's ability to consider, recommend or carry out an appropriate course of action for the client.

A lawyer advances opposing legal positions for different clients in different cases. It is a conflict only if there is a significant risk that one client's position will materially limit the lawyer's effectiveness for another, as with the same court and issue.

Each client gives informed consent in a signed writing after disclosure of the existence and nature of all claims and the participation of each person in the settlement.

The lawyer may be disciplined, and the client can often void the agreement. The lawyer bears the burden of showing the transaction was fair and fully disclosed.

The prohibition does not apply when the lawyer or the recipient is related to the client, such as a spouse, child, grandchild, parent, grandparent, other relative, or a person with a close familial relationship.

Under Rule 1.10(a), while lawyers are associated in a firm, none may knowingly represent a client when any one of them would be prohibited by Rule 1.7 or 1.9, subject to exceptions.

A lawyer may represent a spouse or partner with whom a consensual sexual relationship already existed before the representation, though other conflict rules may still apply.

Notify the judge or other adjudicative officer first, under Rule 1.12(b).

The terms must be fair and reasonable and disclosed in writing the client understands, the client must be advised in writing to seek independent counsel and given a reasonable opportunity, and the client must give informed consent in a signed writing.

Their interests may diverge on liability, strategy or settlement, and information shared by one is not confidential from the other. The lawyer needs informed consent, and joint representation of criminal co-defendants is rarely proper.

When they involve the same transaction or legal dispute, or there is a substantial risk that confidential factual information normally obtained in the prior representation would materially advance the new client's position.

If the lawyer is timely screened, gets no part of the fee, and written notice is promptly given to the parties and any tribunal, under Rule 1.12(c).

From a matter materially adverse to a client of the former firm, if it is the same or substantially related and the lawyer actually acquired protected information material to the matter at that firm.

When the client reasonably understands the material risks the waiver involves. It is more likely effective if it is specific, the client is sophisticated and independently represented, and the waived conflict is of a type the client could foresee.

Those where the lawyer cannot reasonably believe they can represent each client competently and diligently, where the law forbids it, or where the representation asserts one client's claim against another client in the same litigation or proceeding.

A conflict based on a lawyer's personal interest, if it presents no significant risk of materially limiting the representation by the other lawyers in the firm.

Those in paragraphs (a) through (i) apply to all lawyers in the firm when one is subject to them. The sexual relations ban in paragraph (j) is personal and is not imputed.

The insured is always a client. In many states the insurer is also a client, and the lawyer may not let the insurer direct the defense in ways that harm the insured.

No. The lawyer represents the corporation, and shareholders are not clients, even in a derivative suit, where the corporation's lawyer must still consider whether a conflict exists.

Generally the entity is the client, not the individual partners, though a lawyer may also represent partners if their interests are aligned and Rule 1.7 is satisfied.

No. The parties are not the lawyer's clients, so there is no attorney-client privilege, and confidentiality is governed by the mediation agreement and applicable law.

Yes. A lawyer employed by an organization is bound by the same Rules, must exercise independent professional judgment, and cannot be required by the employer to violate them. The employer organization is the client.

A lawyer should act with commitment and dedication, but zeal is limited by the law and the Rules, and a lawyer may not use unlawful or dishonest means.

Yes. Information relating to the evaluation is protected by Rule 1.6 except as the client consents to disclosure in connection with the evaluation.

No. It is aspirational, though some states require reporting of pro bono hours or impose other requirements.

Yes, subject to Rule 1.7. If a conflict is consentable, consent for the organization must be given by an appropriate official other than the individual to be represented, under Rule 1.13(g).

Under Rule 1.13(c), yes, if the highest authority insists on or fails to address a clear violation of law likely to cause substantial injury, the lawyer may reveal information to the extent reasonably necessary to prevent injury.

Yes, if the client chooses it freely and informed. The lawyer should avoid suggesting the appointment, tell the client about alternatives and the lawyer's fees, and observe Rules 1.7 and 1.8.

Yes under Rule 6.3, but the lawyer must not knowingly take part in a decision that would violate Rule 1.7 or be adverse to a client of the lawyer.

Generally a lawyer need not, but may, and sometimes should, when the client's course of action is likely to result in substantial adverse legal consequences.

Only with all parties' informed consent confirmed in writing under Rule 1.12(a), and the lawyer must also protect information learned as a neutral.

Where a matter involves non-legal factors such as medical or financial issues, a lawyer may and sometimes should recommend consulting another professional.

Yes. Rule 2.1 requires candid advice, even if unpalatable, and a lawyer should not be deterred by the possibility that the client may be disappointed.

Reduced-fee legal services to persons of limited means, participation in activities for improving the law, the legal system or the profession, and financial support for organizations serving the poor.

To exercise independent professional judgment and render candid advice, which may refer to moral, economic, social and political factors relevant to the client's situation.

If the lawyer knows or reasonably should know that the evaluation is likely to affect the client's interests materially and adversely, the lawyer may not provide it unless the client gives informed consent.

A lawyer who assists two or more persons who are not clients of the lawyer to resolve a dispute, as arbitrator, mediator or conciliator, is a third-party neutral.

A lawyer should aspire to render at least 50 hours of pro bono legal services per year, with a substantial majority to persons of limited means or organizations serving them, without fee or expectation of fee.

A lawyer may serve as a director, officer or member of a law reform organization even if its decisions affect a client's interests, but must disclose the interest if the client could be materially benefited, without identifying the client.

The lawyer still owes the client duties under Rule 1.14 and treats the representative as the person to consult when the client cannot act, while respecting the client's decision-making ability.

A statement by corporate counsel to an employee that the lawyer represents the company, not the employee, that the privilege belongs to the company, and that the company may waive it and disclose the conversation.

Ask for reconsideration, advise that a separate legal opinion be sought, or refer the matter to higher authority in the organization, including the highest authority that can act.

The limitations, such as restrictions on the scope of investigation or access to information, so that the recipient is not misled about what the evaluation covers.

Proceed as reasonably necessary to ensure the organization's highest authority is informed of the discharge or withdrawal, under Rule 1.13(e).

If the lawyer knows an officer or employee is acting or intends to act in violation of a legal duty to the organization or in violation of law reasonably imputed to it, likely causing substantial injury, the lawyer must proceed as is reasonably necessary in its best interest, including referring the matter to higher authority.

That the lawyer represents the organization and not the individual, and that the conversation may not be confidential as to the organization, under Rule 1.13(f).

That the lawyer does not represent them, and when the lawyer knows a party does not understand the lawyer's role, explain the difference between serving as neutral and as a lawyer for a client.

Advisor, advocate, negotiator, intermediary and evaluator, and as a member of the legal profession, a representative of clients, an officer of the legal system and a public citizen.

When the lawyer was retained to investigate an alleged violation or to defend the organization or a constituent against a claim of violation, under Rule 1.13(d).

When the lawyer reasonably believes the evaluation is compatible with other aspects of the relationship with the client, and the client gives informed consent.

Its officers, directors, employees, shareholders and other persons who function as its constituents, and who act on its behalf.

It depends on the law, but is usually the government as a whole or the agency, not an individual official, and the lawyer must respect the lawful decisions of those with authority.

The organization itself, acting through its duly authorized constituents, not its officers, directors or employees individually.

Yes for most grounds. The judge discloses the basis, and the parties and lawyers, outside the judge's presence, may agree to waive it. Personal bias or prejudice cannot be waived.

Only on matters concerning the law, the legal system or the administration of justice, or in the judge's own interest, under Rule 3.2.

No. Under Rule 2.4, a judge must not be swayed by public clamor, fear of criticism, or family, social, political or other relationships, and may not convey that others are in a special position to influence the judge.

No. Rule 3.6 prohibits a judge from membership in, or using the facilities of, an organization that practices invidious discrimination on the basis of protected characteristics.

A judge may take part in charitable and civic activities but may not personally solicit funds or membership, or use court premises or staff for fundraising.

No. Rule 2.9(C) bars a judge from independently investigating facts, and the judge must consider only the evidence presented and facts that may be judicially noticed.

No. A judge may act pro se and may give legal advice to or draft documents for family members without compensation, but may not serve as the family member's lawyer in any forum.

No. Rule 3.3 bars a judge from voluntarily testifying as a character witness, though a judge may testify under subpoena.

No. Rule 1.3 forbids a judge from abusing the prestige of office to advance the personal or economic interests of the judge or others, or from allowing others to do so.

Yes. Rule 2.7 requires a judge to hear and decide matters assigned unless disqualification is required, so a judge must not step aside without grounds.

Due process requires recusal when a judge's participation creates a serious risk of actual bias, as when a litigant's very large campaign spending helped elect the judge who then ruled in the litigant's favor.

White struck down a ban on candidates announcing views on disputed legal or political issues. Williams-Yulee upheld a ban on personal solicitation of campaign contributions by judicial candidates.

To uphold and apply the law and perform all duties of office fairly and impartially.

Bias, prejudice or harassment based on protected characteristics, in words or conduct, and permitting staff, court officials and others subject to the judge's control to do so.

That a judge perform judicial and administrative duties competently and diligently, and cooperate with other judges and court officials in administration of court business.

Patient, dignified and courteous treatment of litigants, jurors, witnesses, lawyers and court staff, and no coercion of jurors into a verdict.

A judge must avoid impropriety and the appearance of impropriety, and act at all times in a way that promotes public confidence in the independence, integrity and impartiality of the judiciary.

A judge may engage in them unless they interfere with judicial duties, lead to frequent disqualification, appear coercive or undermine impartiality, or misuse judicial prestige.

Items of nominal value, gifts from relatives and friends on special occasions, ordinary social hospitality, and others permitted by Rule 3.13, but not gifts that would appear to undermine independence, impartiality or integrity.

Under Rule 2.10, a judge shall not make public statements that might reasonably be expected to affect the outcome or impair the fairness of a matter, or make pledges inconsistent with impartial performance.

Inform the appropriate authority if a judge or lawyer has committed a violation raising a substantial question about honesty, trustworthiness or fitness, under Rule 2.15.

Holding office in or leading a political organization, endorsing or opposing candidates, making speeches for a party, and making campaign contributions to political organizations or candidates.

For scheduling and administrative purposes that do not address the merits, with advice from a disinterested expert after notice to the parties, to consult court staff, in settlement discussions with consent, or when authorized by law.

Whenever the judge's impartiality might reasonably be questioned, including personal bias, personal knowledge of disputed facts, a prior role as lawyer or witness in the matter, or an economic interest in the case.

Where the judge, spouse or domestic partner, or a person within the third degree of relationship to either, is a party, lawyer, officer of a party, has more than a de minimis interest, or is likely to be a material witness.

A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials, and should be courteous and civil in dealing with them.

A state may not deny admission merely because an applicant refuses to answer whether she belonged to organizations that advocate violent overthrow. Mere membership, without specific intent, is not a basis.

Disbarment proceedings are quasi-criminal, so a lawyer is entitled to fair notice of the charges before the hearing, as a matter of due process.

A mandatory bar may use compulsory dues only for activities germane to regulating the legal profession and improving legal services, not for political or ideological activities to which members object.

A state may deny admission to an applicant who refuses to answer relevant questions about Communist Party membership, because the refusal obstructs the investigation of fitness.

A state may screen bar applicants for character and fitness, including an oath and questions about knowing membership in groups with intent to further illegal aims, without violating the First Amendment.

The federal statute on appointing counsel does not authorize courts to compel an unwilling lawyer to represent an indigent civil litigant without pay.

A state cannot use its ban on soliciting legal business to stop an organization from litigating civil rights cases, because litigation as a means of political expression and association is protected by the First Amendment.

A state may not deny bar admission for past political associations or arrests that have no rational connection to present fitness. Moral character requirements must bear a rational relationship to fitness to practice.

A lawyer cannot be disbarred for invoking the Fifth Amendment privilege against self-incrimination in a disciplinary proceeding.

A state may not limit bar admission to state residents. A residency requirement violates the Privileges and Immunities Clause of Article IV.

The lawyer must comply with the applicable provisions of the Code of Judicial Conduct.

The Preamble says a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the profession, and should use professional knowledge in reform.

A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

To protect the public from unqualified people giving legal services, and to maintain the integrity and quality of the legal system. A lawyer also may not assist another person in the unauthorized practice of law.

The lawyer may not conceal or destroy it. The lawyer may take it briefly to examine it, but must then turn it over to authorities, while still protecting privileged client communications.

Yes. The candor duty extends to ancillary proceedings conducted under the tribunal's authority, such as depositions.

Yes. Under Rule 3.3(c) the duty to take remedial measures applies even if compliance requires disclosing information protected by Rule 1.6.

Yes. No lawyer associated in a firm or government agency with a lawyer subject to Rule 3.6(a) may make a statement the rule prohibits.

No. The bar applies to acting as advocate at trial, not to pretrial preparation, though a conflict under Rule 1.7 may still arise.

No. When an agency acts in an adjudicative capacity it is a tribunal, and the full candor and fairness rules in Rules 3.3 through 3.5 apply directly.

Generally no, except in ex parte proceedings. It reaches controlling legal authority that is directly adverse, not facts the opposing side must develop.

Until the conclusion of the proceeding, which generally means when a final judgment has been affirmed on appeal or the time for appeal has passed.

Yes. Rule 3.1 lets a criminal defense lawyer require the prosecution to prove every element of the offense.

Yes. Destroying documents under a regular policy when no proceeding is pending or reasonably foreseeable is permitted, but destruction after a proceeding is foreseeable is obstruction.

No. Except for the client's relatives, employees and agents, a lawyer may not request a person to refrain from voluntarily giving relevant information.

No. Realizing financial or other benefit from otherwise improper delay is not a legitimate interest, and delay for convenience or harassment violates Rule 3.2.

Yes, if it has a good-faith basis in law and fact. A claim is not frivolous just because the lawyer expects to lose.

Not if it is a means of influence prohibited by law. Gifts to judges are also restricted under the Code of Judicial Conduct, so a lawyer should avoid them.

No. Rule 3.3(a)(1) bars a false statement of law as well as fact, such as citing a repealed statute as good law.

Yes, a reasonable fee for the expert's time and services. The fee may not depend on the content of the opinion or the result of the case.

Yes, if the lawyer reasonably believes it is false, except for the testimony of a criminal defendant. Only knowledge makes remedial measures mandatory.

Yes, a lawyer may make a statement reasonably necessary to protect a client from substantial undue prejudicial effect of recent publicity not initiated by the lawyer or client, limited to what is needed to mitigate it.

No. That is a communication with a juror during the proceeding. A lawyer may view public information but must not communicate with a juror.

Yes, unless law or a court order forbids it, but not if the juror has said they do not wish to talk, or the contact involves misrepresentation, coercion, duress or harassment.

No. Rule 3.4(e) bars a lawyer from stating a personal opinion on guilt or innocence, or on the justness of the cause, in trial.

No. Rule 3.8(c) bars seeking from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing.

Yes, unless Rule 1.7 or 1.9 precludes it. Rule 3.7(b) does not impute the disqualification to the firm.

Yes, in practice, since a communication with the judge about the merits without notice to the other side is an improper ex parte contact.

Yes. The lawyer must make a reasonable inquiry into the facts and law, and cannot file on the client's word alone when the claim looks baseless.

The identity, residence, occupation and family status of the accused, information needed to aid apprehension, the fact and circumstances of arrest, and the identity of investigating officers.

The testimony relates to an uncontested issue, to the nature and value of legal services in the case, or disqualification would work substantial hardship on the client.

First remonstrate with the client to correct it, then withdraw if that will cure the problem and the tribunal allows it, and disclose to the tribunal if necessary as a last resort.

Suppression by the prosecution of evidence favorable to an accused violates due process where the evidence is material to guilt or punishment, regardless of the prosecutor's good faith.

The "substantial likelihood of material prejudice" standard is constitutional under the First Amendment, though the Court found the state's safe-harbor wording vague as applied.

To make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigate the offense, and sentencing mitigation information.

Bringing or defending a proceeding, or asserting or controverting an issue, unless there is a basis in law and fact for doing so that is not frivolous, including a good-faith argument for extending, modifying or reversing existing law.

That a lawyer make reasonable efforts to expedite litigation consistent with the client's interests.

Knowingly making a false statement of fact or law to a tribunal, or failing to correct a false statement of material fact or law previously made to it.

Offering evidence the lawyer knows to be false. If the lawyer, the client or a witness called by the lawyer offered material evidence and the lawyer later learns it is false, the lawyer must take reasonable remedial measures.

A lawyer who represents a client in a proceeding and knows that a person intends to engage or has engaged in criminal or fraudulent conduct related to it must take reasonable remedial measures, including disclosure if necessary.

Unlawfully obstructing another party's access to evidence, or unlawfully altering, destroying or concealing a document or other material with potential evidentiary value, or helping another to do so.

Falsifying evidence, counseling or assisting a witness to testify falsely, or offering an inducement to a witness that is prohibited by law.

A lawyer may not knowingly disobey an obligation under the rules of a tribunal, except for an open refusal based on an assertion that no valid obligation exists.

Making a frivolous discovery request, or failing to make reasonably diligent efforts to comply with a legally proper discovery request by an opposing party.

Seeking to influence a judge, juror, prospective juror or other official by means prohibited by law, such as bribes or improper gifts.

Communicating ex parte with a judge, juror or prospective juror during the proceeding unless authorized by law or court order.

Engaging in conduct intended to disrupt a tribunal, such as undignified or discourteous behavior or persistent improper tactics in a hearing.

An extrajudicial statement that the lawyer knows or reasonably should know will be publicly disseminated and will have a substantial likelihood of materially prejudicing a pending adjudicative proceeding.

A lawyer may not act as advocate at a trial in which the lawyer is likely to be a necessary witness, with limited exceptions.

A prosecutor must refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.

A lawyer who represents a client before a legislative body or administrative agency in a nonadjudicative proceeding must disclose the representative capacity and comply with Rules 3.3(a)-(c), 3.4(a)-(c) and 3.5.

A prosecutor is a minister of justice, not simply an advocate, and must seek justice and not only convictions.

Controlling authority in the jurisdiction that the lawyer knows is directly adverse to the client and has not been disclosed by opposing counsel.

All material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse, under Rule 3.3(d).

Try to dissuade the client, and if that fails, take remedial measures, including disclosure if necessary. Nix v. Whiteside holds no Sixth Amendment violation when counsel refuses to present perjury.

Make reasonable efforts to assure that the accused has been advised of the right to counsel and the procedure for obtaining it, and has had a reasonable opportunity to obtain counsel.

Promptly disclose it to the court and defendant, investigate, and, if clear and convincing evidence shows innocence, seek to remedy the conviction, under Rule 3.8(g) and (h).

Under Anders v. California, counsel may seek leave to withdraw only by filing a brief that refers to anything in the record that arguably supports the appeal, and the court then reviews the record.

Reasonable expenses and compensation for time lost in attending or testifying. A fee contingent on the content or outcome of testimony is improper.

Actual knowledge, which may be inferred from circumstances, but not mere suspicion. A lawyer may not ignore the obvious.

The claim, offense or defense involved, information in the public record, that an investigation is in progress, scheduling, a request for assistance, and a warning of danger concerning a person's behavior.

Whether a competent lawyer acting in good faith would regard the course of action as having some substantial purpose other than delay.

Alluding to matter the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, asserting personal knowledge of facts in issue, and stating a personal opinion on the justness of a cause, a witness's credibility, or a party's culpability or guilt.

When the testimony is relevant to a disputed issue and unobtainable elsewhere. A lawyer is not necessary merely because the lawyer has some knowledge.

When the lawyer has not made a reasonable inquiry, or cannot make a good-faith argument on the merits or for a change in the law. A claim is not frivolous merely because facts are not yet fully substantiated.

When the law or a court order allows it, as for a temporary restraining order, or for scheduling and administrative matters that do not concern the merits.

Only if the person is a relative, employee or other agent of the client and the lawyer reasonably believes the person's interests will not be adversely affected, under Rule 3.4(f).

Only if the prosecutor reasonably believes the information is not privileged, is essential to the investigation or prosecution, and there is no other feasible alternative, under Rule 3.8(e).

Statements about a party's character or reputation, the possibility of a guilty plea, a confession, the results of tests, the credibility of witnesses, or the guilt of the accused.

Yes. Private conduct such as a crime of dishonesty or fraud can be misconduct under Rule 8.4 if it reflects adversely on honesty, trustworthiness or fitness to practice.

Yes. An applicant, and a lawyer helping an applicant, who knowingly makes a false statement or conceals a material fact in the admission process is subject to discipline.

No. A violation is a basis for discipline and does not by itself give rise to a cause of action, though it may be evidence of the standard of care.

Actual knowledge of the fact in question. Knowledge may be inferred from circumstances.

No. Only knowing violations that raise a substantial question about honesty, trustworthiness or fitness must be reported. Minor violations and mere suspicion do not trigger the duty.

Partners and managers must make reasonable efforts to ensure the firm has measures giving reasonable assurance of compliance. A direct supervisor must make reasonable efforts to ensure that the supervised lawyer complies.

Payments to a deceased lawyer's estate, the purchase price of a law practice, nonlawyer employees in a compensation or retirement plan, and sharing court-awarded fees with a nonprofit that referred the matter.

Information protected by Rule 1.6, and information obtained while participating in an approved lawyers' assistance program.

Informed consent that is given in writing, or oral consent that the lawyer promptly confirms in writing to the client.

A subordinate lawyer is bound by the rules even when acting at another's direction. A subordinate does not violate them by following a supervisor's reasonable resolution of an arguable question of professional duty.

Partners and supervisors must make reasonable efforts to ensure the nonlawyer's conduct is compatible with the lawyer's obligations. A lawyer is responsible for conduct that would violate the rules if engaged in by a lawyer if the lawyer orders, ratifies or fails to mitigate it.

Practicing law in a jurisdiction in violation of its regulation of the legal profession, or helping another person do so.

Establishing an office or other systematic and continuous presence for the practice of law there, or holding out as admitted to practice there.

A lawyer admitted elsewhere may provide legal services in the jurisdiction to the lawyer's employer or its affiliates, or services authorized by federal or other law.

Agreements that restrict a lawyer's right to practice after leaving a firm, except retirement benefits, and settlement terms that restrict a lawyer's future practice.

Do not knowingly make a false statement of material fact, fail to correct a known misapprehension, or fail to respond to a lawful demand for information. Rule 1.6 confidentiality still applies.

A lawyer may not make a statement the lawyer knows is false or makes with reckless disregard for its truth about a judge's or legal officer's qualifications or integrity. A judicial candidate must follow the Code of Judicial Conduct.

A lawyer who knows a judge violated the Code of Judicial Conduct in a way that raises a substantial question about fitness for office must inform the appropriate authority.

Violating or attempting to violate the rules, knowingly assisting or inducing another to do so, or doing so through the acts of another.

Conduct involving dishonesty, fraud, deceit or misrepresentation, even in the lawyer's private life.

Conduct prejudicial to the administration of justice.

Stating or implying an ability to improperly influence a government agency or official, or to achieve results by means that violate the rules or other law.

Knowingly assisting a judge or judicial officer in conduct that violates the applicable rules of judicial conduct or other law.

Harassment or discrimination on protected grounds, such as race, sex, religion, national origin, disability, age and sexual orientation, in conduct related to the practice of law. It does not limit the right to accept, decline or withdraw from a representation.

Isolating a lawyer from any participation in a matter through timely procedures that protect information the lawyer is obligated to keep confidential.

Partnering with a nonlawyer to practice law, letting a person who pays or recommends the lawyer direct the lawyer's professional judgment, and practicing in a for-profit entity in which a nonlawyer holds an interest, serves as an officer or director, or controls professional judgment.

The duty violated, the lawyer's mental state, the injury caused, and aggravating and mitigating factors such as prior offenses, motive, remorse and cooperation.

The lawyer who continues practicing commits unauthorized practice and is subject to further discipline. A lawyer who knowingly assists that person is also subject to discipline.

A court, an arbitrator in a binding arbitration, or a legislative body, administrative agency or other body acting in an adjudicative capacity.

Agreement after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed conduct.

Permission from a court for an out-of-state lawyer to appear in a particular case, often with a local lawyer. Rule 5.5(c)(2) recognizes this authority.

Shall and shall not impose obligations that can lead to discipline if violated. May confers discretion and is permissive.

They are not binding on their own. They become law for lawyers only when a state's highest court adopts them, and states often modify them.

A lawyer is not subject to discipline if the conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the conduct will occur.

60 multiple-choice questions in 2 hours. Only 50 are scored and 10 are unscored pretest questions. Scores are scaled from 50 to 150, and each jurisdiction sets its own passing score.

The ABA Model Rules of Professional Conduct, the ABA Model Code of Judicial Conduct, and controlling constitutional decisions and generally accepted principles from leading federal and state cases and procedural and evidentiary rules.

Disbarment, suspension, public reprimand or censure, private admonition, probation, restitution, fines and required continuing education.

When the services are provided in circumstances not distinct from legal services, or through a controlled entity without making clear to the client that lawyer-client protections do not apply.

When it reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer. A conviction is not required.

When the lawyer orders or, with knowledge, ratifies the conduct, or is a partner or supervisor who knows of it when it can still be avoided or its consequences mitigated, and fails to take remedial action.

When associated with a local lawyer who actively participates, or the work relates to a pending or potential proceeding in which the lawyer is or expects to be authorized, to arbitration or mediation, or to the lawyer's home-state practice.

When the lawyer knows that another lawyer violated the rules in a way that raises a substantial question about that lawyer's honesty, trustworthiness or fitness to practice.

For a matter before a tribunal, the rules of the jurisdiction where the tribunal sits. For other conduct, the jurisdiction where the conduct occurred or, if its predominant effect is elsewhere, that jurisdiction.

The highest court of the state, usually through a disciplinary agency. The ABA has no power to discipline.

A lawyer admitted in the jurisdiction, wherever the conduct occurs, and a lawyer not admitted there who provides or offers legal services in the jurisdiction.

Yes. A violation does not require dishonest intent, and failing to keep proper records or to reconcile the account is itself a violation.

The Model Rule says five years after termination of the representation, though the period is set by each state.

Identify it as the client's property and safeguard it appropriately, such as securities, documents or valuables, and keep a record of it.

No. Intent to repay does not excuse using entrusted funds, and it may also violate Rule 8.4(c). Repayment is only a mitigating factor.

No. Taking criminal proceeds may be money laundering or assisting a crime under Rule 1.2(d), and the lawyer should not use them for the fee.

Yes. Funds held in escrow belong to the parties, so the lawyer must follow the escrow instructions and Rule 1.15, and owes duties to both parties.

No. Using one client's funds to cover another's shortage is misappropriation, even if all funds are in the same trust account.

No. The lawyer must hold the disputed portion in trust until it is resolved, and promptly pay the client the undisputed part.

No. Only earned fees and funds belonging to the lawyer may be withdrawn, and only after they are earned or owed to the lawyer.

Yes, if the claim is lawful and the lawyer knows of it, such as a statutory lien or a court order. The lawyer should keep the funds until the claim is resolved.

Keep it separate from the lawyer's own property, hold funds in a separate account, identify and safeguard other property, and keep complete records.

An interest on lawyers' trust accounts program, in which nominal or short-term client funds are pooled and the interest goes to fund legal services, not to the lawyer or client.

Mixing a client's or third party's funds with the lawyer's own funds, such as depositing a client's money in the lawyer's operating or personal account.

Commingling is mixing funds. Misappropriation, or conversion, is using client or third-party funds for the lawyer's own purposes, and it usually brings the most severe discipline, including disbarment.

Promptly notify the client or third person, and promptly deliver whatever funds or property they are entitled to receive.

Keep the disputed property separate until the dispute is resolved, and promptly distribute the portions that are not in dispute, under Rule 1.15(e).

A full and prompt accounting of the funds and other property the lawyer holds for the client or third person.

A journal of receipts and disbursements, an individual ledger for each client, bank statements, canceled checks or records, and regular reconciliations.

Make reasonable efforts to locate the owner, then handle the funds as state unclaimed property or trust account rules require, such as paying them to the state.

Only to pay bank service charges on that account, and only in the amount necessary for that purpose, under Rule 1.15(b).

Only as the fee is earned or the expense is incurred, under Rule 1.15(c).

When the funds are large or will be held long enough to earn net interest for the client, in which case the interest belongs to the client.

In a separate client trust account in the state where the lawyer's office is situated, or elsewhere with the consent of the client or third person.

The whole check goes into the client trust account. The lawyer then withdraws the earned, undisputed fee and distributes the rest to the client.

Anyone other than the client with a lawful claim to funds the lawyer holds, such as a medical provider with a valid lien, a creditor, or a party to an escrow.

The adult child. The parent is a third-party payor with no authority over the representation, and the lawyer owes loyalty and confidentiality to the child.

It can. Under agency law, a lawyer with apparent authority may bind the client to third parties who reasonably rely on it, though the lawyer may still be disciplined or liable to the client.

No. The fee must still be reasonable, and unearned amounts must be refunded if the lawyer is discharged or withdraws.

No. It applies only to lawyers who are not in the same firm.

A modification that benefits the lawyer is scrutinized, and the lawyer must show it is fair and that the client understood it. Raising rates requires notice to the client.

Both clients give informed consent confirmed in writing, or the lawyer limited exposure to disqualifying information, is timely screened and gets no part of the fee, and written notice goes to the prospective client.

Information remains protected by Rule 1.6. When taking protective action, the lawyer may reveal information only to the extent reasonably necessary to protect the client's interests.

Fee division requires proportional work or joint responsibility plus client consent. A pure payment for a referral, with no work or responsibility, is not allowed.

It can arise from conduct. If a person asks for legal services and the lawyer agrees, or fails to say no when the lawyer knows the person reasonably relies on the lawyer, a relationship exists. A written agreement is not required.

Often through fee arbitration programs. A lawyer may sue to collect a fee, but must be careful about disclosing confidential information and about malpractice counterclaims.

Enough for the client to make informed decisions about the representation. The lawyer may delay disclosure only briefly when immediate communication would likely cause an imprudent reaction.

Maintain a normal client-lawyer relationship as far as reasonably possible, communicating in a way the client can understand.

No. A fee that is unreasonable is subject to discipline and may not be enforced, even if the client signed the agreement.

Not generally for hourly or flat fees under the Model Rules, though a writing is advisable and many states require one. A contingent fee must be in writing.

No. A lawyer may bill only for time actually worked and may not inflate hours.

Yes, at any time, with or without cause. The lawyer must stop work, subject to any court order, and may be entitled to payment for services performed.

Yes, if the fee is reasonable. Taking an ownership interest in the client's business is a business transaction that requires compliance with Rule 1.8(a).

Yes, if the client substantially fails to meet the obligation after reasonable warning that the lawyer will withdraw, and the lawyer takes steps to protect the client.

No. A lawyer is generally free to decline a matter, except for a court appointment, and may not decline on grounds that violate Rule 8.4(g).

Yes. A lawyer must promptly tell the client about any offer of settlement or plea bargain, because the client decides whether to accept it.

Yes. An advance fee or retainer that has not been earned must be returned when the lawyer is discharged or withdraws.

Yes. Rule 1.4 requires the lawyer to inform the client of a material error so the client can make informed decisions, and the lawyer should consider the client's possible claim.

Promptly inform the client of decisions needing consent, keep the client reasonably informed, comply with reasonable information requests, consult about the means, and explain matters enough for informed decisions.

Give reasonable notice, allow time to find other counsel, surrender papers and property to which the client is entitled, and refund any unearned advance fee.

In most jurisdictions, the reasonable value of services performed (quantum meruit), or a share of a contingent fee if there is a later recovery, but not the full contract amount.

A person who consults a lawyer about possibly forming a relationship is a prospective client, and the lawyer must keep the information confidential even if no relationship follows.

Representing a client does not mean the lawyer endorses the client's political, economic, social or moral views or activities.

Counseling or assisting a client in conduct the lawyer knows is criminal or fraudulent. A lawyer may discuss the legal consequences and help the client in good faith determine the validity or scope of a law.

Reasonable diligence and promptness in representing a client. Procrastination and neglect of a matter violate the rule.

Consult with the client about any relevant limitation on the lawyer's conduct when the client expects assistance that the rules do not permit.

An unreasonable fee or expense. Factors include time and labor, novelty and difficulty, skill required, customary fees, amount involved and results, time limits, the relationship, the lawyer's experience, and whether the fee is fixed or contingent.

Actual costs incurred for the client. Overhead and markups may be charged only if the client agreed, and the basis should be disclosed.

The lawyer violates Rule 1.2(a) and may face discipline and liability, and the client may not be bound by the settlement.

A lawyer's claim against a recovery obtained for the client to secure the fee for that matter. It is recognized in many states and does not require holding the client's file.

A fixed fee for a defined service. In some states it is earned on receipt if the agreement says so, but it must be reasonable and any unearned portion returned if the work is not completed.

A claim to keep client papers until fees are paid. Many states restrict it, and a lawyer cannot use it to harm the client's interests.

Billing two clients for the same hours of work, or billing more time than was actually spent. It violates Rules 1.5 and 8.4(c).

Payment for the reasonable value of services rendered, used when there is no enforceable fee agreement or the lawyer is discharged.

A true retainer pays for the lawyer's availability and is earned when paid. An advance fee is a deposit against future work that belongs to the client until it is earned.

Defer to the client on objectives, and on means after consultation. If the disagreement is fundamental, the lawyer may withdraw under Rule 1.16(b)(4), subject to protecting the client.

It must be in writing signed by the client and state how the fee is determined, the percentages for settlement, trial or appeal, which expenses are deducted and whether before or after the fee, and which expenses the client owes regardless of outcome.

The scope of the representation and the basis or rate of the fee and expenses, preferably in writing, before or soon after starting, unless the lawyer regularly represents the client on the same basis.

Continue the representation despite good cause to withdraw, because Rule 1.16(c) requires compliance with a tribunal's order.

Not assist, and withdraw under Rule 1.16(a)(1) if continuing would violate the rules. The lawyer may disaffirm prior work product, and Rule 1.6(b) may permit disclosure in some cases.

Decline. A lawyer may not bring a claim without a good-faith basis, and must withdraw if the representation would violate Rule 3.1 or Rule 4.4.

A written statement of the outcome and, if there is a recovery, the remittance to the client and how it was determined.

If the client has diminished capacity, is at risk of substantial harm and cannot act in their own interest, the lawyer may take reasonably necessary protective action, such as consulting family or seeking a guardian.

Make reasonable efforts to reach the client, protect the client's interests, such as deadlines, and, if needed, seek leave to withdraw with reasonable notice.

Tell the person clearly that the lawyer is not taking the matter and warn of any deadlines such as limitation periods, so the person can seek other counsel.

A plan designating another competent lawyer to review files and protect client interests if the sole practitioner dies or becomes disabled.

On completion of the matter, discharge, withdrawal or the client's death. Unless the lawyer says otherwise, the relationship ends when the agreed work is done, and later duties to a former client remain.

For collecting past-due alimony or child support arrears, because the fee does not depend on obtaining a divorce or the amount of future support.

When the matter is the same or substantially related and the lawyer received information that could be significantly harmful to the prospective client. The bar extends to the lawyer's firm unless an exception applies.

When the limitation is reasonable under the circumstances and the client gives informed consent.

Only for good cause: the representation would violate the rules or other law, it would impose an unreasonable financial burden, or the client or cause is so repugnant it would impair the representation.

If it can be done without material adverse effect on the client, or if the client persists in or used the lawyer's services for crime or fraud, insists on repugnant action, fails to pay after warning, or other good cause exists.

If the division is proportional to work done or each assumes joint responsibility, the client agrees to the arrangement including each share, confirmed in writing, and the total fee is reasonable.

When the representation will violate the rules or other law, the lawyer's physical or mental condition materially impairs the ability to represent the client, or the lawyer is discharged.

In the client trust account until it is earned, so that it is not commingled with the lawyer's funds.

A fee contingent on securing a divorce or on the amount of alimony, support or property settlement, and a contingent fee for representing a defendant in a criminal case.

After consulting the lawyer, the client decides the plea, whether to waive a jury trial, whether to testify, and whether to appeal.

After consultation, the lawyer controls matters of tactics and technical detail, such as which witnesses to call or which motions to file, unless the decision affects the client's objectives or the client has expressed a view.

The client decides objectives, and the lawyer consults with the client on the means. In a criminal case the client decides the plea, jury waiver and whether to testify. In a civil case the client decides whether to settle.

The client. The lawyer must abide by the client's decision on whether to settle a matter.

The client is entitled to the file. A lawyer may not withhold it if doing so would prejudice the client, even where fees are unpaid, to the extent state law restricts retaining liens.

Generally no. Statements of opinion, estimates of price or value, and a party's intentions about an acceptable settlement are ordinarily not taken as statements of fact.

No. A lawyer generally has no duty to volunteer facts, but may not make partially true statements that are misleading or affirmatively conceal material facts.

Yes. It applies whenever the person is represented by counsel in the matter, even if no litigation has begun.

Yes. The represented person's consent or initiation does not matter. Only the other lawyer's consent, the law, or a court order permits the contact.

No. A represented person may seek advice from a lawyer who is not otherwise representing a client in the matter, and that lawyer may give it.

No. It covers documents inadvertently sent. A lawyer who receives documents wrongfully obtained should consider other rules and substantive law, and may need to notify the other side.

Often. The Model Rules have no express ban, but such a threat can violate Rules 4.4(a) and 8.4 and extortion laws, and many states keep an express prohibition.

Yes. Parties have the right to communicate directly, and a lawyer may advise a client about such communication, but may not use the client as a conduit to do what the lawyer cannot.

Generally yes, because Rule 4.2 does not cover former employees. The lawyer must follow Rule 4.3, avoid seeking privileged information, and must not misstate the lawyer's role.

Yes. The lawyer must not mislead the witness about the lawyer's role or give legal advice other than to seek counsel when interests may conflict.

Yes. The lawyer may explain the client's position and prepare documents, provided the lawyer makes clear that the lawyer represents only the client and gives no legal advice other than to get counsel.

Under ABA guidance, yes unless the law of the jurisdiction forbids it, and the lawyer may not misrepresent that a recording is not being made when asked. State recording laws control.

No. A lawyer cannot do through an agent or investigator what Rule 4.2 forbids the lawyer to do directly, under Rule 8.4(a).

No. Rule 4.4(a) bars methods of obtaining evidence that violate the legal rights of a third person, and Rule 8.4 may also apply.

Knowingly making a false statement of material fact or law to a third person in the course of representing a client.

Not failing to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless Rule 1.6 prohibits disclosure.

Communicating about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless that lawyer consents or the communication is authorized by law or court order.

Reasonable efforts to correct the misunderstanding, such as stating that the lawyer represents the other party and cannot advise the person.

The lawyer must not state or imply that the lawyer is disinterested, and must make reasonable efforts to correct a person's misunderstanding of the lawyer's role.

Using means that have no substantial purpose other than to embarrass, delay or burden a third person, or using methods of obtaining evidence that violate the legal rights of such a person.

Only prompt notice to the sender. Whether the lawyer must return, delete or refrain from reading is a matter of other law, and some states impose extra duties.

The lawyer must not assist the fraud and may have to withdraw or disaffirm prior work product, but may not reveal the confidence unless a Rule 1.6(b) exception applies.

Actual knowledge that the person is represented in the matter, which may be inferred from the circumstances. A lawyer cannot avoid the rule by closing their eyes to the obvious.

None, other than the advice to secure counsel.

A constituent who supervises, directs or regularly consults with the organization's lawyer about the matter, has authority to obligate the organization on the matter, or whose act or omission may be imputed to the organization.