Preamble –

A. Three Roles of a lawyer:

a. Representative of clients before a tribunal
b. officer of the legal system
c. public citizen having special responsibility for the quality of justice
B. Four Categories of Representation
a. Advisor – provide informed understanding of legal rights (2.1)
b. Advocate – zealously assert client’s position under rules of adversary system (3’s)
c. Negotiator – seek a result that is advantageous to your client, but consistent with honest
dealings with others
d. Evaluator – examine client’s legal affairs and report about them to the client or others (2.3)
C. Officer of the Legal System – 3rd party neutral helping to mediate or arbitrate – or advocate in
litigation (2.4)
a. Have to follow the rules if you’re wearing pants
D. Public Citizen
a. Expected to live and act ethically in both or personal and professional lives – wife-beater
dismissed from the job
i. No fraud in business
E. 5 essential responsibilities of a lawyer
a. Competence (1.1)
b. Prompt and timely (1.3)
c. Diligence (1.3)
d. Maintain communication with client (1.4)
e. Keep in confidence anything relating to the client (1.6)
F. 4 major Categories for this class
a. Confidentiality and Conflicts of Interest
b. Care and skill v. sloppy work
c. Fees
d. Agency Law and theory – fiduciary duties
1.0 – Definitions
A. Informed Consent – Comment 6 & 7 – Rules requiring IC – 1.7(b) 1.9(a) – just need it in writing – BUT
– see 1.8(a) and (g) – need it in writing SIGNED by the client
B. Knowingly
C. Reasonable, or reasonably
D. Reasonable Belief
E. Reasonably Should know

1.1 – Competence
A. Legal Knowledge – Comment 1 – Relevant Factors – Comment 2 – no special training – Comment
3 – emergency – Comment 6 – CLE’s
B. Skill
C. Thoroughness
D. Preparation
1.2 – Scope and Authority
Client Atty Relationships can be implied by conduct - created if client has a reasonable basis for
thinking there is a client atty relationship – Perez case
A. Have to abide by client’s decisions
a. 3 situations – client’s decisions
i. Settlement
ii. Plea
iii. Waive jury trial
iv. Client testifying
 B. Allowed to limit it – Requires IC
C. Just because you represent – don’t necessarily represent view
D. Can’t council to engage in crime or fraud –
a. If find out Crim or Fraud – go to 1.16 – Withdraw – Comment 10
i. May sometimes necessitate a noisy withdrawal – Rule 4.1
E. Can’t deny a legal rep to someone who are unable to afford legal services – comment 5
a. Big obligation to represent unpopular clients
F. Read 1.2(d) and 1.16 and 4.1 and 1.6 all together – committing crimes and withdrawing
1.3 – Diligence
A. Reasonable Diligence
a. 1.16 – personal inconvenience never leads to withdrawal – but pursue a matter despite
opposition, obstruction, and personal inconvenience
b. Comment 2 – Workload must be controlled to stay competent
c. Comment 4 – Carry through all matters undertake – relationship does not end until matter has
been completely resolved (includes appeals) – SEE 1.4(a)(2)
i. Doubts of relationship should be in writing
d. Comment 5 – solo practitioners – need contingency plans when you die
B. Promptness

1.4 – Communication
A. A5 – consult with client about if they expect you to do something against the rules or the law – tell
them and consult
a. Comment 1 and 7 – communicate and can delay transmission of info if you think they will
react poorly
i. Important in divorce proceedings
ii. MUST Be client’s interest – no one else’s
1. Should document in writing
B. B – lawyer shall explain a matter to the extent reasonably necessary to permit the client to make
informed decisions regarding the representation – See comment 5

1.5 – Fees
A. A1-A7 – factors to look at to determine whether fee is “Reasonable”
B. Must be communicated to client – preferable in writing
C. Contingent is always in writing
a. No contingent for divorce or crim
b. Can use contingent for matters relating to divorce settlement – but after divorce is over
D. Division of fee – see (e) – no referral fee
E. Types of Fees
a. Hourly
b. Contingency
c. Fixed Fee
d. Value-based
F. Can have a retainer that is non-refundable – as long as its reasonable
G. Comment 4 – can accept property in exchange for services – no sex – cross reference with 1.8(i) and
1.8(a)
H. Comment 5 – an agreement may not be made whose terms might induce a lawyers improperly to curtail
services for client or perform them in a way contrary to the client’s interests UNLESS explained

1.6 – Confidentiality
A. Can’t reveal info
a. Relating to representation
 B. Unless…client gives IC, or the disclosure is impliedly authorized, or carry out representation or
disclosure is permitted by exceptions
a. B1-3 – look at with 1.2(d)
b. Exceptions – Comment 6 defines Reasonably Certain*******
i. Reasonably certain death or substantial bodily harm –
1. May becomes must if lawyer is certain client is serious
ii. Prevent client from committing a crime or fraud that is reasonably certain to result in
substantial injury to financial interest – used lawyers services
iii. Prevent mitigate rectify injury to financial interest – used lawyers service
iv. Secure legal advice about lawyer’s compliance with Rules
v. Establish claim or defense on behalf of the lawyer –comment 10 – don’t have to wait
until charges are filed – just an assertion to break 1.6
1. Against client or 3rd party
vi. Comply with law or court order – Comment 13
1. Comment 13 – absent IC – lawyer should assert all non-frivolous claims that
it is privileged – talk to client about appeal from 1.4
C. Comment 17 – electronic communication – need to put in reasonable measures to make sure things
stay confidential

1.7 – Conflicts of Interest – 1.7-1.11, 1.18

A. Can’t consent to conflict unless 1.7(b) is completely met
B. 1.7 – general conflict – 1.8 – more specific – Look to 1.7 first and if no COI there – won’t be in 1.8 – if
there is a COI in 1.7 – look to 1.8
C. See comments 3, 6, 10
a. Comment 3 – COI may exist before representation is undertaken – have to have system in place
to determine – see 5.1 – have to decline representation without informed consent
b. Comment 6 – absent consent – no advocate if it would be directly adverse – only economic
enterprises and adverse – that is not Conflict
c. Comment 10 – no personal interest to have an impact
i. Can’t allow related business interests to affect representation
ii. See Rule 1.10 – personal interest conflicts are not imputed
D. Need everyone’s consent when representing dual clients
E. Opposing Lawyers – married or related – comment 11 – same matter or substantially related – risk of
client confidences being revealed –
a. Each client entitled to know of relationship before representation starts – requires informed
consent
F. Future Conflicts are waivable - more general the waiver – less likely to be enforced – depends on
sophistication of client (Comment 22)
a. Consent can be revoked (Comment 21)
G. Comment 25 – applies differently to class actions
H. Comment 31 - Have to tell client that during dual representation that if anything escalates will have to
drop them for COI – See Comments 29-33 when there is shared representation
I. Organizational Clients – 34-35
a. Lawyer and being on the board – comment 35 – what communications are protected

1.8 – Conflicts of Interest – Specific Rules

A. Business Transactions – prohibited unless meet requirements of a1-a3
B. Can’t use info relating to representation to disadvantage of client unless get IC – or benefit lawyer or
third party (Comment 5)
C. NON CONSENTABLE No gifts – BUT see comment 6 for weakening of the rule – can’t solicit a
gift – does not prohibit, but voidable by client – problem with wills too
D. NON CONSENTABLE – literary
 E. NON CONSENTABLE – financial assistance to a client – pending or contemplated litigation – if
only transactional – go back to 1.8(a)
a. Comment 10 – have to pay back, unless indigent
rd
F. 3 party payment – not allowed unless meet requirements in Rule – 1-3
a. Companion to 5.4©
G. Represents 2 or more clients – no aggregate settlement of claims of or against the clients or in a
criminal case an aggregated agreement UNLESS get informed consent SIGNED by clients
a. NON CONSENTABLE as to whether a client can waive this
H. SHALL NOT
a. Make agreement prospectively limited liability to a client for malpractice UNLESS client is
independently represented in making the agreement
b. Settle a claim or potential claim for such liability with an unrepresented client unless that
person is advised in writing of the desirability of seeking and is given reasonable opportunity
to seek the advice of independent counsel
I. No proprietary interest in cause of action or subject matter of litigation EXCEPT
a. Lien authorized by law to secure lawyer’s fee
b. Reasonable contingent fee in a civil case
J. NON CONSENTABLE – no sex in the champagne room if starts after representation begins
a. Comment 10 – irregardless of consent or prejudice
K. While lawyers are associated in a firm, a prohibition in paragraphs a-I apply to any one of them shall
apply to all of them

1.9 – Duties to Former Clients

A. Comment 3 – substantially related – anytime confidential info gained in one representation could be
used in a manner that is materially adverse to former client
a. Passage of time can render information obsolete
B. Lawyer who has formerly represented a client in a matter shall not thereafter represent another
person in same or substantially related matter in which ther person’ interest are materially adverse to
interests of former client UNLESS former client gives informed consent in writing
C. Lawyer shall not knowingly represent a person in same or a sub related matter in which a firm with
which the lawyer was associated had previously represented a client
a. Whose interests are materially adverse to that person and
b. About who the lawyer had acquired info protected by rules 1.6 and 1.9© that is material to
the matter
D. Lawyer who has formerly represented a client in a matter or whose present or former firm has
formerly represented a client in a matter shall not thereafter
a. Use the info relating to former rep to disadvantage of former client except as permitted by
Rules or if info is generally known
b. Reveal info relating to representation except as therese rules permit or require
c. Other rules – 1.6, 1.14, and 1.16
E. Knowledge is rebuttable – Burden of proof is on firm whose DQ is sought – can prove no actual
knowledge
a. Test:
i. Former client?
ii. Matters substantially related?
iii. Interests materially adverse?

1.10 – Imputation of Conflicts of Interest: General Rule – when the taint has left the firm
A. While lawyers are associated – no shall knowingly represent anyone who would conflict under 1.7
and 1.9 – waivable by IC – no 1.8 and 1.11 – own deal
B. When tainted atty leaves – can start to represent again UNLESS – b1 and b2
 C. Screening not permitted when private lawyers change firms
a. Screening allowed for non-lawyers and law students – comment 4

1.11 – Special Conflicts of Interest for Former and Current Government Officers and Employees
A. Lawyer who has formerly serves as gov’tal agent
a. Subject to Rule 1.9©
b. Shall not otherwise represent a client in connection with a matter in which lawyer participated
personally and substantially as a public officer – UNLESS gov’t give IC – confirmed in wiritng
c. When ATTY is DQ’d under above – firm can still represent
i. Can screen
ii. Give notice to gov’t so that they can monitor
d. If lawyer has confidential government info about a person – can’t represent a private client whose
interests are adverse to the person whose info atty has
i. No waiver
ii. Firm can still represent with screen and no fee
e. Current – For 1.7 to apply – have to be in gov’t position as a lawyer
f. Matter – writing legislation and regulations is NOT A MATTER
g. When giving notice – have to describe the screened lawyers prior representation and screening
procedures you are employing- see Comment 7

Rule 1.18 – Duties to Perspective Client

A. Even if no client-attorney relationship starts – discussion with person – shal not use or reveal info
learned except under 1.9
B. Can not represent a client with interests materially adverse to those of a prospective client in the
same or substantially related matter if the lawyer received information from thepropsective client
that could be significantly harmful to that person in the matter – except in d
a. Same for all atty’s in the firm
C. When atty has received confidential info – can get representation if
a. Both client and prospective client give IC or
b. Lawyer who received the info took reasonable measures to avoid exposure to more DQ’ing
info than was reasonably necessary to determine whether to represent the prospective client
AND
i. DQ’d atty is timely screened from any participation in the matter and gets no fee
ii. Written notice given to prospective client
c. Have to explain procedures to prospective client – Comment 8

Rule 1.13 – Entity Representation

A. Represents the organization acting through it duly authorized constituents
B. A and F are big – A is above – F – When interacting with constituents - lawyer has to explain the
identity of the client when the lawyer knows or reasonably should know that the org’s interests are
adverse to those of the constituents
a. See comment 7 to 4.2 for who has the privilege
C. Reporting up the ladder – REASONABLY MIGHT – preponderance of evidence
a. In the matter related to the representation
b. Violation of a legal obligation to the org or a violation of law
c. That reasonably might be imputed to the org,
d. Likely to result in a substantial injury to the org
e. then the lawyer shall proceed as is
f. Reasonably necessary in the best interest of the org
D. UNLESS the lawyer reasonably believes that it is in the best interest of the org – THE LAWYER
SHALL refer the matter to a higher authority
 a. If warranted – can go to the highest
E. If nothing happens after going to highest authority – go to part C – 2 req’s and then MAY report
a. Reasonably believes that violation is Reasonably certain to result in injury - beyond
reasonable doubt
i. Supplements 1.6 – different though – no requirement they have used your legal
services in perpetrating the malfeasance
1. Comment 6 – related to representation
F. See Comment 6 – Relation to other rules
G. Comment 3 – per rule 1.0f – knowledge can be inferred from circumstances – can’t shut your eyes to
it
H. Don’t have to say anything under above rule if you’ve been used to defend against the claim
I. Make sure let highest authority knows you’ve been discharged for actions under (b) (c) – Reasonable
believes as necessary
J. Comment 9 – gov’t lawyer can question conduct more extensively than one in a private situation
K. Can represent the entity and its officers as different clients – subject to 1.7
a. Person who gives IC for corp can’t be person whom the atty is representing
L. Comments 13 and 14 – derivative actions
a. What happens when you have competing factions speaking for the entity

1.14 – Diminished capacity

A. when client’s capacity to make decisions is f’ed up – shall treat them to maintain client-atty
relationship
B. When reasonably believes client has diminished capacity - may take reasonably necessary protective
action .
C. Protected by 1.6 – Comment 3 – if need family members in the room – does not destroy privilege
Comments 9 and 10 – emergencies with these people – if threatened with imminent and
irreparable harm – can act without atty-client relationship

1.16 – Declining or terminating representation

A. Lawyer shall not represent a client or where representation has commenced shall withdraw if:
a. Representation is violation of Rules or the law
b. Lawyer’s physical or methan condition materially impairs ability to rep
c. Lawyer is shit-canned
B. Lawyer may withdraw if…
a. No material adverse effect on interest of client
b. Client persists in cause of action involving lawyer’s service that the lawyer reasonably believes
is criminal or fraudulent
c. Client HAS used lawyer’s services to perpetrate a crime or fraud
d. Repugnant or fundamental disagreement
e. Fails to substantially fulfill obligation to lawyer regarding services AND has been given
reasonable warning that lawyer will withdraw
f. Unreasonable financial burden on atty or has been rendered unreasbly difficult
g. Other good cause
C. Need permission of tribunal when necessary - when ordered to do so – have to stay and represent
D. Have to take steps to give notice to client, allow time for employment of other counsel
a. Have to surrender all papers – even drafts, but can retain papers to ensure getting paid
2.1 – Advisor
A. Ties in with scope of representation – 1.2
B. In representing a client – exercise independent professional judgment and render candid advice
a. Can toss other things into the advice
C. Comment 5 – in general, not expected to give advice until asked to do so – HOWever, when atty
knows that a course of action is likely to results in substantial adverse legal consequences to the
client, the lawyer’s duty under 1.4 may require that the lawyer offer advice anyway

2.3 – Evaluation for Use by 3rd Persons

A. May provide an evaluation of a matter affecting a client for the use of someone other than the client
if the lawyer reasonably believes that making the evaluation is compatible with other aspects of
lawyer’s relationship with the client
B. When atty knows or reasonably should know – evaluation is likely to affect client’s interests
materially and adversely, the lawyer shall not provide the evaluation unless you get IC
C. Except as disclosure is authorized in connection with a report of an evaluation, information relating
to the evaluation is otherwise protected by 1.6
D. Comment 2 – it is important to clarify whom you are retained by

2.4 – Lawyer Serving as a 3rd Party Neutral – see the rule

Make sure people you are working with they know there is no atty-client privilege

3.1 – Meritorious Claims and Contentions – companion to rule 11

A. Can’t bring or defend a proceeding, or assert or controvert an issue
a. Unless there is a basis in law and fact for doing so – no frivolous
b. Includes good faith argument for extension, modification, or reversal of existing law
B. Lawyer for defendant in a crim proceeding – may nevertheless so defend the proceeding as to
require that every element of case be established
C. Comment 2 defines frivolous – or if you can find it in discovery – facts don’t have to be fully
substantiated
a. Comment 1 – use procedures to fullest extent of the law – not to point of frivolity

3.2 Expediting Litigation

A. Make reasonable efforts to expedite litigation consistent with interests of the client
B. Comment 1 – STD – competent lawyer acting in good faith would regard the course of action as
having some substantial purpose other than delay?

3.3 Candor to the litigation

A. Lawyer shall not knowingly …see rule – no false statements of fact –
a. Failure to disclose legal authority from the controlling jurisdiction that lawyer knows to be
directly adverse to client and not disclosed by opposing counsel
b. Ex parte proceedings – comment 14 – all material facts
B. See comment 2 – those things aren’t part of your diligence – 1.3
C. Comment 15 – Withdrawal – 1.2(d), 1.16, 1.3 –
a. Part of your diligence is abiding by the rules of diligence and zeal of 1.3
b. Remedial Measures are in Comment 10 – a3 and b
D. Duty ends when proceedings are over – comment 13 defines conclusion
E. Comment 8 – have to KNOW it is false – can be inferred – has to be more than a reasonable belief
a. Resolve doubts in favor of your client
b. But, can’t ignore obvious falsehood
3.4 – Fairness to Opposing Party and Counsel
A. Shall not
a. Obstruct access to evidence or destroy or conceal a document or material having evidentiary
value – can’t tell someone else to do it either
b. Falsify evidence, counsel or assist a witness to testify falsely. Or indce
c. Knowingly disobey an obligation
d. Frivolous discovery request – or fail to make diligent effort to comply with request
e. In trial – allude to matter that lawyer does not believe is relevant or is supported by admissible
evidence
i. Assert personal knowledge of facts (unless a witness)
ii. State personal opinion as to justness of a cause
iii. Credibility of a witness, culpability or guilt/innocence
f. Can’t request another person to refrain form voluntarily giving relevant info to another party
unless
i. Relative or employee or other agent of client
ii. Reasonably believes person’s interest will not be adversely affected by refraining from
giving info
B. Comment 3 – can’t pay witnesses

3.5 – impartiality and decorum of the tribunal

A. Don’t talk to jurors or judges
B. Can’t talk ex parte with judge or jurors during proceeding unless authorized to do so
C. Can’t talk to them after if – see reasons
D. Duty to refrain to offensive conduct – any tribunal – includes a deposition

3.6 – Trial Publicity

A. B guts A – A restricts, but B allows you to say a whole bunch of stuff extrajudicially
B. Anything said about your client can be refuted according to part C to the extent a reasonable lawyer
would believe is required to protect a client from substantial undue prejudicial effect of recent
publicity
a. B is inclusive, not exclusive

3.7 Lawyer as a Witness

Can’t be an advocate and witness in same proceeding unless 1. Uncontested issue 2. Nature and value
of legal services 3. DQ of atty would be substantial hardship on client
Client can’t waive by promising not to call lawyer as a witness
Not about pre-trial work

3.8 Special Responsibilities of Prosecutors

A. Can’t bring charge for which prosecutor knows there is no probable cause
B. Make reasonable efforts to assure accused has been advised of rights – up to police
C. Not seek to obtain from an unrepresented accused a waiver of important trial rights – watch out for
pro se stuff
D. Make timely disclosure to defense of all evidence or information known to prosecutor that tends to
negate guilt or mitigate offense
E. Can’t subpoena a lawyer in a grand jury or other proceeding to present evidence about past or
present clients UNLESS reasonable belief – as seen in e1-3
F. Refrain from extrajudicial comments -3.6(b)(7)
G. After trial when learn of new evidence – promptly disclose
H. When knows of clear and convincing evidence – let people know
 I. Comment 9 – if prosecutor judges evidence not to trigger g and h – and it is later found out it is – not
a violation

3.9 Advocate in Nonadjudicative Proceedings

A. Before legislative body – disclose in a representative capacity
B. Look at comment 3 for when this applies

4.1 Truthfulness in Statements to others

A. In the course of representing a client a lawyer shall not knowingly
a. Make false statement of material fact or law to a 3rd person
b. Fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or
fraudulent act – unless prohibited by1.6
B. Generally no duty to inform opposing party of relevant facts
C. Comment 2 – negotiations generally not statements of fact
a. Statement of material fact

4.2 – Communication with Person Represented by Counsel

A. Can’t communicate about subject of the representation with a person lawyer KNOWS to be
represented by another lawyer – unless get permission from other lawyer
B. Comment 3 – doesn’t matter if they contact you
C. Comment 4 – if outside the representation – doesn’t matter
D. Comment 5 – communications and law
E. Comment 7 – who in an org is prohibited to be communicated with – has to be dealing with the
subject matter –

4.3 – Dealing with Unrepresented Person

A. Working on behalf of the client
B. Other party is not represented
C. Can’t say you’re neutral
D. If atty thinks other party is confused – has to make reasonable efforts to correct the
misunderstanding
a. No legal advice to unrepresented person – other than advice to get council – IF – lawyer knows
or reasonably should know interests of such a person are or have a reasonable possibility of
being in conflict with interests o the client
i. see 1.13(f)
E. Comment 2 – what can and can’t be done as far as advice goes

4.4 – Respect for rights of 3rd Persons

A. Am I doing it just to harass or am I likely to obtain evidence
B. Notify sender if you inadvertently receive a document relating to the representation

5.1 – Responsibilities of Partners, Managers, and Supervisory Lawyers – 5.1, 5.2, 5.4, and 5.5 - ***
A. Reasonable efforts / reasonable assurance – measures in place – firm has responsibility
B. Supervisor has role as well

5.2 – Subordinate Lawyer

A. Read A and B – doesn’t matter if someone else asked you to do it
a. B is get out of jail free card – has to be a questionable issue

5.3 – Responsibilities regarding non-lawyer assistants

B. Not held to the rules – have to have behavior that is compatible with our obligations
C. Can’t ask them to do something that atty couldn’t do in the first place
5.4 – Professional Independence of a Lawyer
A. No sharing of fees with a non-lawyer – unless a1-a4
B. No dual practice
C. Someone who pays can’t alter professional judgment
D. Can’t work in a professional corp if d1-d3

5.5 Unauthorized Practice of Law – Multijurisdictional Practice of Law

A. Can practice on a temporary basis in a jurisdiction if c1-c4
B. Part D – general counsel (1) and (2) US Attys
C. Lawyer can counsel non-lawyers who wish to proceed pro se – comment 3

5.6 – Restrictions on Right to Practice

A. No agreement that restricts right of a lawyer to practice after termination of the relationship – except
for benefits upon retirement
B. Can’t restrict right to practice as part of the settlement of a client controversy

5.7 – Responsibilities Regarding Law-Related Services

A. Examples are in comment 9
B. Still subject to Rules with respect to provision of these
a. As long as services provided are not distinct from provision of legal services
b. Can’t have fee-sharing – keep separate and distinct entities

7.1 – Communications Concerning a Lawyer’s Services

A. No false or misleading communications
a. False or misleading = misrepresentation of fact or law – or omits a fact necessary to make the
statement considered as whole not materially misleading
B. Comment 3 – may be truthful and still be misleading
C. Related to 8.4(e) – can’t suggest you could influence the gov’t

7.2 – Advertising
Payment, have to have name, and one lawyer or name of law firm
One that authorizes written, or recorded communication including public media
Can’t pay someone to recommend you – see b1-4

7.3 – Direct Contact with Prospective Clients

A. No in-person, live telephone, or real time electronic contract solicitations for pecuniary advancement
a. Unless person contacted is an atty or a family, close personal, or prior professional relationship
with the lawyer
B. Can’t solicit period when
a. Asked not to solicit them
b. Solicitation is coercion, duress, or harassment
C. Targeted solicitation – need advertising material
D. Prepaid legal services – only non-targeted solicitations

7.4 – specialization
Can say what field you practice in
Can say you’re certified if you have been certified by state or other organization – have to include name
of certifying org on your communication

7.5 - Firm Names and Letterheads

If you’re in public office have to have name off the letterhead
If you use a geographical name – may need a disclaimer that they are not affiliated with a legal services
7.6 – Political Contributions to Obtain Government Legal Engagements or Appointments by Judges
A. Very flexible – no accept gov’t legal engagement

8.3 – Reporting Misconduct

B. Must KNOW and Raises substantial question – Must inform
a. Limit – squealing does not require disclosure of info protected by 1.6
b. If learn something about lawyers assistance program – don’t have to disclose

8.4 – Misconduct – ALWAYS LOOK HERE

8.5 – Disciplinary Authority; Choice of Law

C. Disciplined in jurisdiction of malfeasance and own jurisdiction
D. 8.5 - choice of law
a. This jurisdiction - governs where atty is disciplined
i. If admitted in 2 jurisdictions - both can punish you
b. Not admitted in this jurisdiction - if you offer or provide legal services in this jurisdiction - can be
punished in this jurisdiction
i. Admitted in OH - providing legal services in AZ under 5.5 - if commit act - client or opposing
conduct to both the OH bar and AZ bar because conduct occurred in AZ
ii. Concurrent jurisdiciton
c. Choice of law
i. Conduct occurs in AZ - federal court - what do local rules provide for - up to the tribunal – AZ or
Fed
ii. Any other conduct - rules of the jurisdiciton in which conduct occurred - if conduct in AZ - rules
of AZ
1. Or if predominant effect of conduct is in jurisdiction in another place - look to see
where predominant effect is felt – will be where it is felt’s rule
2. AZ would decide if there is a violation - would refer it to OH - law they apply is in az -