Cheat Sheet - Attack Outline for Professional Responsibility

MPRE Cheat Sheet I. Regulation of the Legal Profession (6–12%) and a cl clie ie ient nt (or agents of either). The client holds the privilege. It lasts forever. Disci ci cipl pl plin in ine: e: a lawyer is subject to discipline where they are admitted • Dis and where the conduct occurs. onfii de denti nti ntial al ality ity ity:: A la • C onf lawy wy wyer er s h all n ot re reve ve veaa l in inff or orma ma mati ti tion on re rela la latt in ing g to of a client unless the client gives th thee re rep p re rese se senta nta ntatt io ion n i nfo nforme rme rmed d co cons ns nsen en entt , the disclosure is i mp in order to carry out the mplie lie liedl dl dly y au autho tho thorr iz izee d representation or the disclosure is p er ermi mi mitte tte tted d (see below). This, too, lasts forever and survives death. Repo po port rt rting ing ing:: a lawyer or judge who k no nows ws another lawyer or judge has • Re committed a violation of the MRPC that raises a s ubs ubstt an antial tial q ue uest st stio io ion n as to the person’s h o nes as a lawyer nesty ty ty,, tr us ustwor twor twortt hi hine ne ness ss ss,, or f itne itness ss mus mustt re repo po port rt it (unless it is protected by confidentiality or gained in a lawyers’ or judges’ assistance program). Unau u th thor or oriz iz ized ed p ra ract ct ctic ic icee of l a w: a lawyer may delegate work to non•Una lawyers but is ultimately responsible for the product and must s ig ign n letters to clients, opposing counsel/parties, or the court. Mult lt ltiju iju ijurr is isdic dic dicti ti tion on onal al p ra ract ct ctice ice ice:: a lawyer may practice on a temporary • Mu basis if (mnemonic = RA RAMS MS ): re reaa so sona na nabl bl blee re rela la latt io ion n to lawyer’s practice, they as asso so socia cia ciate te with a local lawyer who actively participates in the case, media dia diatt io ion n or arbitration arising out of home state they participate in a me pecia cia ciall pper er ermis mis missi si sion on to practice. practice, or obtain s pe reas as aso o nab nably ly certain de to prevent re deat at ath h . Cr Crime ime oorr fr frau au aud d in w h ich la lawy wy wyer er er’s ’s sser er ervi vi vice ce cess ha have ve be been en u se sed d. Com Compl pl plii anc ancee wit with h Ru Rull es es:: to s ec ecur ur uree l eg egal al a dvi dvice ce about the lawyer's compliance with these Rules. Con Contr tr trov ov overs ers ersy y bet betwe we weee n la lawy wy wyer er an and d cli cliee nt: to es esta ta tabl bl blish ish a cl claim aim or de defe fe fens ns nsee o n b eh ehalf alf o f th thee la law w ye yerr in a c on ontr tr trove ove overs rs rsy y between the lawyer and the client. Cou Court rt ord order: er: to comply with other l aw or a ccour our ourtt or orde de derr . Con Confl fl flict ict ictss o f i nte ntere re rest st st:: to detect and resolve c onf onfll ict ictss of int inter er eres es estt arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm. of II. The Lawyer-Client Relationship (10–16%) • For Forma ma mati ti tion on on:: a person manifests an intent and the lawyer agrees or fails to make it clear she does not wish to take on the client’s case. ecisi isi ision on ons: s: a client decides objectives, whether to settle, expenses to be • D ec incurred, and in a criminal case whether to enter into a plea, testify, or waive a jury trial. • Di Dim m in inish ish ished ed c ap apac ac acity ity ity:: even if the client has diminished capacity, the lawyer must try to maintain a lawyer-client relationship as far as reasonably possible. With h dra drawa wa wall : A lawyer must withdraw if the representation results in • Wit a violation of the MRPC, the lawyer’s physical or mental condition the materially impairs the lawyer's ability to represent the client, or (this could be for any reason). A lawyer is d isc ischa ha harg rg rgee d by t he c l ie ient nt lawyer may withdraw if they have good cause. The lawyer should reas as aso o na nabl bl blee no notic tic ticee to the client, re refu fu fun n d any (mnemonic = RRR) give re adv advan an ance ce p ay ayme me ment nt of unearned fee, re retu tu turr n p ap apee rs t o c lie lient nt , and allow the client time to employ other counsel. a lawyer must keep a client informed about case. ees:: Fees must be reasonable and communicated in advance. • F ees be beg g in inni ni ning ng of the case Contingent fees require two writings—one at the (agreeing to the fee and stating the method of calculation) and one at the co concl ncl nclus us usii on of the case (stating the outcome and showing what recovery, if any, the client is getting as well as how that is determined). Contingent fees are not permitted in f am amily ily la law w matters (for divorce or securing cr im imina ina inall ma matte tte tters rs . alimony, support, or property settlement) or harin in ing g fe fees es es:: lawyers from different firms can share a fee only if the •S har division is proportionate to work done, the client agrees, and the total fee is reasonable. III. Client Confidentiality (6–12%) •A •Att tt ttor or orney ney ney-c -c -clie lie lient nt p r ivi ivileg leg legee : (mnemonic = CCCCCC): Ce Cert rt rtai ai ain n dea death th oorr hhaa rm rm:: or ssub ub ubst st stant ant antia ia iall bo bod d ily hhar ar arm m o! o! o! o! aw pprac rac ractt ic ice: e: a law practice may be sold if the e nt ntir ir iree pprac rac racti ti tice ce • S ale of a llaw ar area ea is sold, wr writ it itte te ten n n ot otic ic icee is given to each of the clients, the f e es ch char ar arged ged to ccll ie ients nts do nnot ot in incr cr creas eas easee s el elle le lerr as a result of the sale, and the ce ceas as ases es to engage in private practice or the area of practice. • Co Com m mun munic ic icat at atio io ion: n: o! o! on-la la lawy wy wyer er er:: a lawyer must not form a partnership with non-lawyer • N onif any of the activities constitute the practice of law. ubor or ordi di dinat nat natee llawy awy awyer er erss : they are protected from violations of the MRPC • S ub ar argu gu guab ab able le q ues uesti ti tio on that is a result of a reasonable resolution of an professional duty by a supervisor. Excc ep eptio tio tions ns tto o tth h is ru rule le in incl cl clu u de • Ex This is an evidentiary rule that prevents a from using its powers to co co cour ur urtt o r o the therr g ov ovee rn rnme me ment nt ntal al e nt ntity ity com m p el the revelation of co conf nf nfide ide ident nt ntial ial c o mmu mmun n ic icati ati ations ons b et etwe we weee n a n at attor tor torn n ey IV. Conflicts of Interest (12–18%) •C •Cur ur urre re rent nt c lie lien n t co conf nf nfli li lict ct cts: s: a lawyer shall not represent a client if the representation involves a concurrent conflict of interest which exists when: (1) the re rep p re rese se sent nt ntat at atio io ion n of o ne cl clii ent wi will ll be d ir irec ec ectl tl tly y a dve dvers rs rsee to ano anott he herr cl clie ie ient nt nt,, or (2) there is a s ig ign n ific ificaa nt rrisk isk th that at tth h e re repr pr pres es esee nta ntatt io ion n of one or more clients will be ma mater ter terial ial ially ly l im imite ite ited d by the lawyer's responsibilities to another client, a former client, a third person, or by a personal interest of the lawyer. N ote ote:: Even if there is a conflict, a lawyer may represent a client if she she can provide competent and diligent re reas as asonab onab onably ly be belie lie ves representation, it is not p r ohib ite ited d b y l a w , it is not cl clii ent a g ai ainst nst ano anott her cl clie ie ient nt in the same litigation, and each client gives inf info o r med wr writt itt ittee n cco o nse nsent nt . ormer mer cl clie ie ients nts of a la lawy wy wyer er er:: a lawyer who has formerly represented a • F or client in a matter shall not thereafter represent an anot ot othe he herr p er erso so son n in the in which that person's interests s ame or a ssub ub ubst st staa ntia ntiall ll lly y re rell at ated ed mat matte te terr are mat mater er erii all ally y a dv dvee rs rsee to the interests of the former client unl unles es esss t he . f orm ormer er cl clie ie ient nt ggiv iv ivee s inf infor or orme me med d c ons onsen en entt , cco o nfi nfirr me med d in wr writ it itii ng ormer mer cl clie ie ients nts of la lawye wye wyerr ’s f ir irm: m: a lawyer who acquires material • F or confidential information in one firm should not thereafter represent a client when the lawyer works for a different firm unless the former client gives i nf nfor or orme me med d con conse se sen n t, cconf onf onfii rme rmed d in wr writ it itin in ing g . cts: s: •P •Pros ros rosp p ec ectiv tiv tivee c li liee nt co confl nfl nflii ct a lawyer shall not reveal confidential information or represent a client with interests m ate ateri ri riaa ll lly y ad adve ve vers rs rsee to in the s ame or a s ub th thos os osee o f a p ro rosp sp spec ec ecti ti tive ve c l ien ientt ubst st staa nti ntial al ally ly r el elaa te ted d mat matte te terr . Impu u te ted d co confl nfl nflic ic icts ts ts:: while lawyers are associated in a firm, none of them • Imp shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by the conflict Rules unless the p er erso so sonal nal i nte ntere re rest st of the disqualified lawyer prohibition is based on a and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm or it is based on a conflict with a former client from a lawyer’s former firm and , the lawyer is ti time me mely ly s cr cree ee eene ne ned d , given n o p ar artt of th thee fe feee f rom th thee mat mattt er writ it itte te ten n n ot otice ice is given to any affected former client. and wr •T •Tran ran ransa sa sact ct ctio io ions ns w wit it ith h ccli li liee nts o! Bus Busii nes nesss tra trans ns nsact act actii on ons: s: A lawyer shall not enter into a business transaction with a client unless (mnemonic = ): the transaction is f a ir an and d r ea easo so sona na nabl bl blee to the client; F ARI ARIIS IS the client is ad advis vis visee d i n wr writ it itin in ing g of the desirability of seeking to seek the advice of and is given a re reaa so son n abl ablee op opp p ort ortu u n ity on the transaction; and the client in indep dep depee nd ndent ent l eg egaa l c ou ouns ns nsel el gives inf info o rme rmed d co cons ns nsee nt nt,, in a wr writ it itii ng s i gne gned d by the client, to o! o! o! o! the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in it. Gi Gift ft fts: s: a lawyer shall not s ol olic ic icit it any s ub ubst st stant ant antia ia iall g if iftt from a client, or prepare a client an instrument giving the lawyer or a person related to the lawyer any substantial gift u nl nles es esss th thee la lawy wy wyer er or oth other er rrec ec ecip ip ipie ie ien n t ooff th thee gif giftt i s re relat lat latee d tto o th thee cl clii ent . Lit Liter er erar ar ary y or me med d ia ri righ gh ghts ts ts:: p ri rior or to t he c onc onclu lu luss io ion n of of a client, a lawyer shall not make or re rep p re rese se senta nta ntati ti tion on negotiate an agreement giving the la law w ye yerr l it iter er erar ar ary y or me medi di diaa ri right ght ghtss to a portrayal or account based in substantial part on information relating to the representation. A lawyer s hall to a client in hall not not prov prov fin ncial ass ass rovii de fin inaa ncial ssis is ista ta tanc nc ncee connection with litigation except that it may advance court costs contingent on the outcome, or may pay costs for an indigent client. Pro Propr pr priet iet ietaa ry inte intere re rest st st:: A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client. Exceptions include contingent fees or liens to secure a lawyer’s fee. • Co Compe mpe mpens ns nsat at atio io ion n f ro rom m th thir ir ird d p ar arty ty ty:: This is permitted only if the client gives i nf nfor or orme me med d c ons onsee nt , there is no i nt nter er erff er erenc enc encee with the lawyer's independence of professional judgment or the client-lawyer relationship, and information relating to representation of a client is kept co conf nf nfide ide ident nt ntial ial . • M alp alprr ac actic tic ticee llii abi abill ity o! Wa Waiv iv iving ing mal malpr pr prac ac actic tic ticee li liab ab abil il ility ity ity:: a lawyer shall not make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless the client is i ndep ndepee nd ndee ntl ntly y re rep p re rese se sente nte nted d in making the agreement. o! S ett ettlin lin ling g a cl clai ai aim: m: a lawyer shall not settle a claim with an unrepresented client or former client unless that person is and is given adv advis is ised ed iin n wr writ it itin in ing g of th thee des desir ir iraa bil bilii ty of ssee ee eek k ing a re reas as ason on onaa bl blee op oppo po port rt rtu u n ity to se seek ek th thee ad advic vic vicee of in indep dep depee nde nden nt le lega ga gall ccou ou ouns ns nsel el in connection therewith •S Sex ex exua ua uall re rela la lations tions : A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced. (Note: This conflict is not imputed to the rest of the firm since it is personal.) • La Lawy wy wyer er erss or ju judg dg dges es c ur urre re ren n tly or f or orme me merl rl rly y in g ov overn ern ernme me men n t s er ervi vi vicc e: They are subject to conflicts rules. Further, they may not o th ther er erw w is isee in which the lawyer re rep p re rese se sent nt a c l ie ient nt i n c o nne nnecc tio tion n w ith a m at atte te terr as a public officer or participated p er erson son sonaa ll lly y a n d s ub ubst st staa nti ntiaa ll lly y employee or judge or mediator, arbitrator, or third-party neutral, unless the ap app p rop roprr iat iatee g over overnme nme nment nt a ge genc nc ncy y g ives its inf infor or orme me med d to the representation. Note: “matter” is co cons ns nsent ent ent,, cco o nfi nfirr me med d iin n wr writi iti iting ng ng,, narrowly defined (meaning specific facts and parties) and it only covers information actually obtained. Exception: an arbitrator selected as a p art artis is isaa n of a pa part rt rty y in a is not prohibited from subsequently mu multi lti ltime me mem m be berr a rb rbii tr trati ati atio o n p ane anell representing that party. V. Competence, Legal Malpractice, and other Civil Liability (6–12%) ompet et etee nc ncee a nd d il ilige ige igenc nc nce: e: • C omp A lawyer shall provide competent representation and exercise diligence and care. This includes promptness. eglige ige igen n ce ce:: a plaintiff must establish duty, breach, cause, and harm • N egl (i.e., that it would have received a favorable outcome absent the lawyer’s negligence) to prove a claim for negligence. VI. Litigation and Other Forms of Advocacy (10–16%) • A lawyer may only bring a claim if there is a basis in law (or extension or modification or reversal of the law) and fact and the claim is not frivolous. Cand nd ndor or t o tthe he ttrib rib ribu u nal nal:: •Ca A lawyer shall not knowingly: o! o! o! to a tribunal or fail to Mak Makee a f al alss e s tat tatem em emee nt of fa fact ct or l aw correct a false statement of material fact or law previously made. Fail to disclose to the tribunal le leg g al au autt hor hority ity in th thee co contr ntr ntrol ol olll in ing g ju juri ri riss dic dictt io ion n known to the lawyer to be dir direc ec ectl tl tly y and not d isc adv advee rs rsee to t he p osi ositt io ion n of th thee c l ie ient nt isclo lo lose se sed d by op opp p osi osing ng ccou ou ouns ns nsel el . . (Note: a Of Offf er ev evide ide idenc nc ncee th thaa t t he l a wye wyerr k no now w s to b e f al alse se lawyer in a criminal case who knows a defendant will testify falsely—exercising his Sixth Amendment right—should tell the judge the situation and allow the judge to decide what to do.) oceed ed edin in ings gs gs:: In an ex parte proceeding (i.e., one where the • Ex pa part rt rtee p r oce other side is not present) a lawyer shall inform the tribunal of al alll mat mater er erii al f ac acts ts k no now w n t o t he l a wye wyerr t h at w il illl e n ab able le t he t rib ribu u nal to mak makee an i nf nfor or orme me med d d ec ecisi isi ision on , whether or not the facts are adverse. A lawyer shall not communicate orally about the merits of a case without adequate notice to the opposing party (a written communication is okay so long as the other side receives notice). Fairne irne irness s to op opp p osi osing ng par party ty an and d co cou u nse nsel: l: a lawyer shall not • Fa unlawfully obstruct or falsify evidence; offer an inducement to a witness prohibited by law; knowingly disobey an obligation; make frivolous discovery requests; at trial allude to a matter it does not reasonably believe to be relevant or admissible; assert personal knowledge of facts at issue in trial except as a witness; or state a personal opinion as to the justness of a cause, credibility of witnesses, or guilt or innocence of the defendant or litigant. Tria ia iall p ub ubll ic icity ity ity:: a lawyer who is participating or has participated in • Tr the investigation or litigation of a matter (or any lawyer associated with their firm or government agency) shall not make an ex extr tr traa ju judi di dicc ial s tat tateme eme emen n t that the lawyer knows or reasonably should know will be disseminated by means of and will have a p ub ublic lic c om ommu mu mun n ica icati ti tion on an adjudicative s ub ubst st stant ant antial ial l ike ikell ih ihoo oo ood d of m at ater er eria ia iall ll lly y p re reju ju judic dic dicing ing proceeding in the matter. Righ gh ghtt of r ep eply ly ly:: a lawyer may make a statement that a Exception: Ri from re reas as asona ona onabl bl blee l awy awyee r would believe is re req q u ire ired d t o p ro rotec tec tectt a c l ien ientt not the s ub ubst st stant ant antia ia iall u ndu nduee p re reju ju judi di dici ci cial al ef efff ec ectt of r ec ecent ent pu publ bl blici ici icity ty initiated by the lawyer or the lawyer's client. Lawy wy wyer er a s w it itnes nes ness: s: A lawyer shall not act as advocate at a trial in • La unless: the which the lawyer is l ik ikel el ely y to b e a nec neces es essa sa sary ry wit witne ne ness ss testimony relates to an unc uncont ont ontee st sted ed i ss ssue ue , the testimony relates to the rendered in the case, or nat natur ur uree a nd val value ue o f le lega ga gall s er ervi vi vice ce cess on the disqualification of the lawyer would pose s ub ubst st stant ant antia ia iall h ar ards ds dsh h ip client. VII. Transactions and Communications with Other Persons (2–8%) Tru u thf thful ul ulnes nes nesss : in the course of representing a client a lawyer shall not • Tr or law to a third knowingly make a f als alsee s ta tatt eme ement nt of m at ater er erial ial f ac actt to a third person unless person or f a il t o d is iscl cl clos os osee a m at ater er eria ia iall f ac actt disclosure is prohibited by the rules of confidentiality. • C om In ommun mun munic ic icat at atio io ions ns w ith r ep epre re rese se sente nte nted d an and d u nr nrep ep eprr es esent ent ented ed pe pers rs rsons ons ons:: representing a client, a lawyer shall not communicate about the subject of the representation w ith a p er erso so son n th thee la lawy wy wyer er kn know ow owss t o be in the matter, unless the lawyer has re rep p re rese se sente nte nted d b y ano anott he herr l aw awye ye yerr or is authorized to do so by law or a the c ons onsee nt of t he ot othe he herr l a wy wyer er court order. A lawyer may communicate with an unrepresented person but may not state or imply that they are disinterested. VIII. Different Roles of the Lawyer (4–10%) • A lawyer make act as an ad advis vis viso o r, eeva va valu lu luat at ator or , and ne nego go goti ti tiat at ator or or.. A lawyer may also arbitrate or mediate a case but must make unrepresented parties aware that she is not representing them. Pros os osec ec ecut ut utors ors a n d go gover ver vern n me ment nt la lawye wye wyers rs rs:: A prosecutor must not • Pr prosecute a charge he knows is not supported by probable cause. He must make sure the accused knows of the right to retain counsel and of al must make a ti time me mely ly dis discc los losur ur uree to t he def defee ns nsee alll e v ide idenc nc ncee or information known to the prosecutor that . th thee acc accus us usee d or m it itiga iga igate te tess th thee of offf ens ensee Lawy wy wyer er r ep epre re rese se sent nt nting ing or org g an aniza iza izati ti tion on on:: • La to the organization (not its constituents). te ten n ds t o n eg egat at atee t h e g u il iltt of a lawyer owes a duty of loyalty Du Duty ty t o rep repor or ortt i ns nsii de org orgaa niz nizat at atii on on:: If a lawyer for an organization knows that a person associated with the organization is acting or going to the to act in a matter that is a vi viola ola olatt io ion n of a l eg egal al ob oblig lig ligat at atii on organization, or a v iol iolat at atii on ooff la law w that reasonably might be i mp mpute ute uted d to th thee or org g an aniz iz izat at atio io ion n , and that is likely to result in s ub ubst st staa nti ntial al in inju ju jury ry to the organization, then the lawyer shall proceed as is re reas as aso o nab nably ly ne nece ce cess s ar ary y . This usually includes referring in th thee be best st int inter er eres es estt of th thee org orgaa niz nizat at atio io ion n to a higher authority in the organization. They may report outside of the organization if they reasonably believe that there is a clear violation of law that is reasonably certain to result in substantial injury to the organization. S arb arbane ane anesss-Ox Ox Oxle le ley yA Act ct ct:: securities’ lawyers who become aware of credible evidence that their client is materially violating a federal or state securities law or fiduciary duty must report it to the clients chief legal officer (CLO) or chief executive officer (CEO). The CLO must then determine whether a violation has occurred. If a must be taken. If no violation has occurred an ap app p rop ropri ri riate ate r es esp p on onse se such response is taken then the securities lawyer mus mustt report the evidence to the board of directors. The s ec , without the client’s ecur ur urit it ities ies l a wye wyerr may r e vea veall t o th thee S EC consent, any confidential information that is reasonably necessary to (i) stop the client from committing a violation that will cause substantial financial injury to the client or its investors, (ii) rectify the injury if the lawyer’s services were used to further the violation, or (iii) prevent the client from committing perjury in an SEC or federal matter. IX. Safekeeping Funds and Other Property (2–8%) •When a client “pre-pays” a lawyer for services not yet given, the lawyer must keep it separate from its own and must not steal it, borrow it, or use it for the lawyer’s personal advantage. The lawyer generally o ole oled d ccll ien ientt ttru ru rust st ac acco co cou u nt (IOLTA account). should put the money in a ppo Dis Disp p ute uted d c la laims ims : if there is a dispute, the lawyer must keep the disputed portion in the client trust account until the dispute is resolved. X. Communications about Legal Service (4–10%) Gene ne neral ral ru rule le le:: a lawyer may advertise through written, recorded, or • Ge electronic means, however, communications can’t be false or misleading. aymee nt: a lawyer shall not give anything of value to a person for • P aym recommending the lawyer's services except that a lawyer may: pay the or communications, pay the re reas as asona ona onabl bl blee ccos os osts ts of ad adve ve vert rt rtise ise isemen men ments ts us usua ua uall or a referral service, or pay for a law ch char ar arge ge gess of a le leg g al s er ervic vic vicee p la lan n practice in accordance with Rule 1.17 (sale of a law practice). olicii tat tatio io ion: n: A lawyer shall not by in-person, live telephone, or real• S olic time electronic contact solicit employment when a significant motive (i.e., to make for the lawyer's doing so is the la lawy wy wyer er er's 's p ec ecu u niar niary y g ai ain n money), unless the person contacted: is a l awy awyer er , is f am amily ily ily,, has a cl clo o se rior or pr prof of ofes es essi si siona ona onall rel relaa ti tions ons onsh h ip p er erson son sonal al relationship, or has a p ri with the lawyer. IX. Lawyers’ Duties to the Public and Legal System (2–4%) • A lawyer should render 50 hours of free services per year. • Ap Appo po point int intme me ment nt nts: s: a lawyer should not avoid a court appointment to represent a person except for good cause, such as: representing the client is likely to result in v iola iolatt io ion n of the MRPC, or it is likely to result nreas eas easo o nab nable le f ina inanc nc ncia ia iall b ur urde de den n on the lawyer or client, or the in an u nr repu pu pug g na nant nt to the lawyer as to be likely to impair the lawyercause is so re client relationship or the lawyer's ability to represent the client. efor or orm m ac acti ti tivit vit vitie ie ies: s: • Law r ef A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its may affect the administration not notw w ith ithst st staa n din ding g t ha hatt t he ref refor or orm m of the lawyer. When the lawyer knows that the int inter er eres es ests ts of a cl client ient interests of a client may be mat mater er erii all ally y bbee ne nefit fit fitte te ted d by a decision in which fact but ne the lawyer participates, the l aw awye ye yerr sh shal al alll dis discc los losee tthat hat need ed not ide ident nt ntif if ify y th thee cclie lie lient nt . XII. Judicial Conduct (2–8%) • D isq isqua ua ualif lif lific ic icaa ti tion on on:: A judge shall disqualify himself or herself in any proceeding in which the judge’s imp impar ar artt ial ialii ty m ig ight ht r ea easo so son n abl ably y be mat matee ria riall q ues uestt ion ioned ed . This includes when the judge is likely to be a wit witne ne ness s , a family member is a p art arty y t o t he p r oc ocee ee eedin din ding g or has a more ntere re rest st that could be effected by the case, or the judge than De Minimis i nte knows that a party/lawyer/law firm has contributed to the judge’s campaign, the judge made a public statement which appears to commit her to a particular result, or she was involved in the case in a material way (lawyer, witness, etc., judge in another court) prior to becoming the judge in the current court. Acce ce cept pt ptanc anc ancee a n d r ep eport ort ortii ng of g ift ifts, s, l oa oans ns ns,, b eq eque ue uest st sts, s, or ot oth h er th thii ngs • Ac of va value lue lue:: a judge s hal halll no nott aacc cc ccep ep eptt any gif gifts ts , loans, bequests, benefits, or other things of v al alue ue , if it would appear to undermine her . in indep dep depee nd ndenc enc encee , iint nt nteg eg egrr ity ity,, or imp impar ar artt ial ialii ty • Ex Extr tr traj aj aju u dic dicial ial ac acti ti tivit vit vitie ie iess Ge Gene ne neral ral r ul ule: e: A judge may engage in extrajudicial activities. However, when engaging in extrajudicial activities, a judge may not do any of the RRII RII RIID D ): following: (mnemonic = R ¥! ¥! ¥! ¥! ¥! Engage in conduct that would appear to a reas nable per per reas aso o nable erss on to bbee ccoe oe oerc rc rciv iv ivee . Make use of c ou ourt rt p r e mis mises es es,, st staa ff ff,, st stat at atio io ione ne nery ry ry,, o r ot othe he herr re ress our ource ce ces, s, e x ce cept pt for inc incii den dentt al u se f or act activ iv ivitie itie itiess t h at co conce nce ncern rn th thee l a w , the legal system, or the administration of justice. Participate in activities that wil willl i nt nter er erfe fe fere re wit with h t he p r op oper er p er erfor for forma ma mance nce of the judge’s judicial duties. Participate in activities that would reasonably appear to undermine the judge’s in indep dep depee nd ndenc enc encee , i nt nteg eg egrr ity ity,, or imp impar ar artt ial ialii ty . Participate in activities that will lead to f re requ qu quee nt dis disqu qu qual al alif if ific ic icat at atio io ion n of the judge. overr nm nment ent ental al bo bod d ies a nd c o ns nsult ult ultat at atio io ion n wi with th Ap Appe pe pear ar aranc anc ances es be befor for foree g ove gov gover er ernm nm nmee nt o ff ffici ici icials als als:: A judge shall not appear voluntarily at a public hearing before, or otherwise consult with, an executive or a legislative body or official, except (mnemonic = C AP): (1) in connection with , or the administration of matters c onc oncee r ni ning ng the llaa w, the lleg eg egaa l ssy y st stem em justice; (2) in connection with matters about which the judge ac acqu qu quii re red d kn knowl owl owlee dge or ex exp p er ertis tis tisee in the cco o ur urse se of tthe he ju judg dg dge’s e’s jud judic ic icii al d uti uties es ; or (3) when the judge is ac actt in ing g ppro ro ssee in a matter involving the judge’s legal or economic interests, or when the judge is acting in a fiduciary capacity. Te Test st stify ify ifyii ng as a ch char ar aract act acter er wi witt nes ness: s: a judge shall not testify as a character witness except when duly summoned. Pra Pract ct ctice ice of l a w: A full-time judge shall not practice law. A judge may act pro se (on their own, without a lawyer) and may, without compensation, give legal advice to and draft or review documents for a member of the judge’s family but, may n ot s er erve ve as the fa famil mil mily y me membe mbe mberr ’s llawy awy awyer er . Dis Discr cr crii mi minat nat nator or ory y or orga ga gani ni nizat zat zatii on on:: A judge shall n ot h ol old d m emb ember er erss h ip i n any or orga ga gan n iza izati ti tion on that practices invidious discrimination on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual of an orientation. And, he must not us usee th thee be bene ne neff its or f aci acilit lit litie ie iess organization if the judge knows or should know that the organization practices invidious discrimination. There is an exception for religious organizations.