PR Rule Statements Competence: A lawyer has a duty to provide competent representation to a client, which requires the legal knowledge,

skill, thoroughness, and preparation reasonably necessary for the representation Competence (CA): A lawyer shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence, which includes diligence, skill, and ability. If a lawyer does not have the learning or skill to perform a service when undertaken, he may sill perform the service by consulting with a competent lawyer, or acquiring the learning or skill before performance is required Scope of Representation and Allocation of Authority: As a general rule, the client controls the objectives of the representation, while the lawyer controls the means to reach those objectives. A lawyer must abide by a clients decision to sue, settle in a civil case, plead guilty in a criminal case, waive jury trial, testify, or appeal. The lawyer has a duty to keep the client reasonably informed regarding the means by which the clients objectives are to be accomplished, the status of the matter, and must promptly comply with reasonable requests for information. A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent Diligence: A lawyer shall act with reasonable diligence and promptness in representing a client Fees: A lawyers fee must be reasonable, which is determined by the time, labor, and skills required, the extent of preclusion of other work, the customary fee for similar services, the amount charged and results obtained, and the experience of the lawyer. Fees should be set as soon as possible in the course of representation, preferably in writing. A contingent fee must be in writing, and must notify the client of their responsibility for any expenses. Criminal and domestic relations cases cannot be handled on a contingency basis. Fees (CA): A lawyer shall not charge an illegal or unconscionable fee. Unconscionability is determined by the amount of the fee in proportion to the services performed, sophistication of the lawyer and client, difficulty, time, and skill required, the extent of preclusion of other work, experience of the lawyer, whether the fee is fixed or contingent, and the consent of the client Confidentiality:

Without consent or implied authorization in order to carry out the representation, a lawyer shall not reveal information relating to the representation of a client, with certain exceptions, 1. including to prevent reasonably certain death or substantial bodily harm, 2. to prevent the client from committing a crime or fraud, 3. or to prevent, mitigate, or rectify what is reasonably certain to result in substantial injury to the financial interests of another, 4. and in furtherance of which the client has used the lawyers services, to secure legal advice about the lawyers compliance with these rules, to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, 5. or to comply with another law or court order Confidentiality (CA): A lawyer shall not reveal confidential information without consent from the client, but may, but is not required to, if the information is related to the representation of a client and the prevention of a criminal act that will likely result in death or substantial bodily harm to another. Before revealing, the lawyer, if reasonable, should make a good faith effort to persuade the client not to pursue the criminal act, and to inform them of the lawyers ability to reveal the information Knowledge of Perjury: If a lawyer has knowledge that a client will or has committed perjury, there is a special duty to prevent or mitigate since perjury goes against the integrity of the court proceedings. A lawyer must 1. first urge the client to rectify the fraud and admit to the court they committed perjury. 2. If unsuccessful, the lawyer must seek to withdraw. 3. The lawyer must disclose confidential information as necessary to rectify the fraud Conflict of Interest Concurrent Clients: A lawyer shall not represent a client of the representation will be directly adverse to another client, or presents a significant risk that the representation will materially limit his responsibilities to another former or current client. The lawyer may represent the client, notwithstanding the existence of a concurrent conflict of interest, if the lawyer reasonably believes that they will be able to provide competent and diligent representation, and each client gives consent in writing Conflict of Interest Former Clients: A lawyer shall not represent a client in a substantially related matter adverse to the interests of a former client without the former clients written consent. A lawyer shall not knowingly represent a client in a substantially related matter adverse to the interests of a former client represented by the lawyers former firm, about whom the lawyer acquired confidential information that is material to the matter, without the former clients written consent. If a lawyer, or a lawyers current or former firm, has formerly represented a client, they may not use confidential information gained from that relationship to the disadvantage of the client Imputed Disqualification: While associated with a firm, a lawyer shall not knowingly represent a client that another lawyer in the firm would be disqualified from representing, unless the disqualification is based

upon a personal interest, or proper screening methods have taken place. A law office can avoid disqualification by building a fictional wall around the lawyer, which requires the disqualified lawyer to be screened and apportioned no part of the fee, and informing the former client and providing certification of compliance Former Government Lawyer: A lawyer shall not represent a client in connection with a matter in which that lawyer participated personally and substantially as a public officer or employee unless there is written consent from the appropriate government agency. When a lawyer is disqualified, the firm may undertake or continue representation in that matter if the disqualified lawyer is screened and written notice is given to the government agency so that they can ascertain compliance to the screening Conflict of Interest Client and Lawyer: A lawyer shall not enter into a business transaction with a client unless the terms are fair and fully disclosed in writing, the client is advised he should seek independent counsel, and the client gives informed consent. A lawyer shall not provide financial assistance to a client in connection with contemplated litigation, or accept compensation from one other than the client unless the client gives consent and there is no interference with the relationship. A lawyer shall not solicit or accept any substantial gift from a client, or negotiate an agreement giving the lawyer literary or media rights based on the representation. A lawyer shall not have a sexual relationship with a client unless one existed before the representation, and shall not acquire a proprietary interest in the cause of action unless it is a lien or contingent fee Avoiding Interests Adverse to a Client (CA): A lawyer shall not enter a business transaction with a client, or acquire a pecuniary interest adverse to a client, unless the transaction is fair and reasonable to the client and consents in writing, and is advised that the client is given a reasonable opportunity to seek the advice of an independent lawyer Avoiding the Representation of Adverse Interests (CA): A lawyer shall not accept or continue representation of a client without disclosure where the lawyer has a relationship with a party, or a personal interest in the matter that would substantially affect the lawyers representation. A lawyer shall not, without consent, accept representation of multiple clients where their interests may or actually conflict, or accept compensation from one other than the client unless the client gives consent and there is no interference with the relationship. A lawyer shall not, without consent of the client or former client, accept employment adverse to the client or former client if the lawyer has obtained confidential material Organization as a Client: In representing an entity, the lawyer represents the entity, and not the officers, employees, or shareholders. In dealing with an organizations officers or employees, an attorney shall explain the identity of the client when the lawyer knows that the organizations and the individuals interests may conflict. If an attorney for an organization believes that someone within the entity is violating the law, the attorney must act as is reasonably necessary to protect the entity, and can include asking for reconsideration of the matter, referring the matter to higher authority

within the organization, or if the highest authority fails to take appropriate action, an attorney may report the information to appropriate persons outside the organization to prevent harm to the organization Organization as a Client (CA): In representing an entity, the lawyer represents the organization, acting through its highest officers. In dealing with an organizations officers or employees, an attorney shall explain the identity of the client when the lawyer knows that the organizations and the individuals interests may conflict. If an attorney for an organization believes that someone within the entity is violating the law, the attorney must act as is reasonably necessary to protect the entity, and can include asking for reconsideration of the matter, referring the matter to higher authority within the organization, or if the highest authority fails to take appropriate action, an attorney has the duty, where appropriate, to resign Declining or Terminating Representation: A lawyer may withdraw from representation if 1. it can be accomplished without adverse effect on the clients interests, 2. the client persists in a court of action the lawyer believes is criminal or fraudulent, 3. the client has used the lawyers services to perpetrate a crime or fraud, 4. the representation will result in an unreasonable financial burden on the lawyer, 5. or other good cause for withdrawal exists. The lawyer must give adequate notice and get permission from the court, and allow time for the client to find new counsel Duty of Candor: An attorney shall not make, or fail to correct, a false statement of material fact or law to a court. If a lawyer made a statement that they believed to be true, and then came to know that it was false, the lawyer has the affirmative duty to correct that error. An attorney shall disclose adverse legal authority that is on point and is from the controlling jurisdiction. Admission to State Bar: A state may restrict the practice of law to those who are members of the bar of that state. The criteria used must have a rational relationship to the fitness to practice law. Educational and testing qualifications are allowed, as well as moral character qualifications. However, citizenship, residency, or political criteria are typically not allowed Truthfulness in Statements to Others: In the course of representing a client, a lawyer shall not knowingly make a false statement of material fact or law to a third party, or fail to disclose to a third party if necessary to avoid assisting a criminal or fraudulent act by a client Communication with Person Represented by Counsel: A lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has consent to do so from the other lawyer in the matter, or by law or court order Communication with a Represented Party (CA):

A lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter without consent from the other lawyer. The rule does not prohibit communications with a public officer, communications initiated by a party seeking advice from an independent lawyer, or communications otherwise authorized by law Unauthorized Practice of Law: A lawyer cannot practice law in a jurisdiction in which they are not admitted, unless they are admitted pro hac vice, or they are in the jurisdiction due to an issue that arose out of practice in a jurisdiction where they are admitted. Only a lawyer may practice law, which includes appearing in court, and the performance of services typically provided by lawyers, such as giving legal advice and preparation of legal documents