ABA Model Rules of Conduct

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ABA Model Rules of Conduct by Mind Map: ABA Model Rules of Conduct

1. The Client Lawyer Relationship

2. Counselor

3. Law Firms and Associations

4. Advocate

5. Third Party Transactions

6. Public Service

6.1. Rule 6.1 Voluntary Pro Bono Public Service

6.1.1. Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should:

6.1.1.1. (a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:

6.1.1.1.1. (1) persons of limited means; or

6.1.1.1.2. (2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; and

6.1.1.2. (b) provide any additional services through:

6.1.1.2.1. (1) delivery of legal services at no fee or substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate;

6.1.1.2.2. (2) delivery of legal services at a substantially reduced fee to persons of limited means; or

6.1.1.2.3. (3) participation in activities for improving the law, the legal system or the legal profession.

6.1.2. In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.

6.2. Rule 6.2 Accepting Appointments

6.2.1. A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as:

6.2.1.1. (a) representing the client is likely to result in violation of the Rules of Professional Conduct or other law;

6.2.1.2. (b) representing the client is likely to result in an unreasonable financial burden on the lawyer; or

6.2.1.3. (c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client.

6.3. Rule 6.3 Membership in Legal Services Orgs

6.3.1. A lawyer may serve as a director, officer or member of a legal services organization, apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer. The lawyer shall not knowingly participate in a decision or action of the organization:

6.3.1.1. (a) if participating in the decision or action would be incompatible with the lawyer's obligations to a client under Rule 1.7; or

6.3.1.2. (b) where the decision or action could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the lawyer.

6.4. Rule 6.4 Law Reform Activities Affecting the Client

6.4.1. A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the lawyer. When the lawyer knows that the interests of a client may be materially benefited by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client.

6.5. Rule 6.5 Non Profit and Court Annexed Limited Legal Service Programs

6.5.1. (a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter:

6.5.1.1. (1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and

6.5.1.2. (2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.

6.5.2. (b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this Rule.

7. Advertising/Solicitation

8. Integrity

8.1. Rule 8.1 Bar Admission and Disciplinary Measures

8.1.1. An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:

8.1.1.1. (a) knowingly make a false statement of material fact; or

8.1.1.2. (b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by Rule 1.6.

8.2. Rule 8.2 Judicial and Legal Officials

8.2.1. (a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

8.2.2. (b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct.

8.3. Rule 8.3 Reporting Professional Misconduct

8.3.1. (a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

8.3.2. (b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.

8.3.3. (c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program.

8.4. Rule 8.4 Misconduct

8.4.1. It is professional misconduct for a lawyer to:

8.4.1.1. (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

8.4.1.2. (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;

8.4.1.3. (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

8.4.1.4. (d) engage in conduct that is prejudicial to the administration of justice;

8.4.1.5. (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or

8.4.1.6. (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

8.5. Rule 8.5 Disciplinary Authority: Choice of Law

8.5.1. (a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer's conduct occurs. A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction. A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct.

8.5.2. (b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows:

8.5.3. (1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and

8.5.4. (2) for any other conduct, the rules of the jurisdiction in which the lawyer's conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer's conduct will occur.

9. For the purposes of the rules, a firm is considered a lawyer