Scr Chapter 20 Rules of Professional Conduct for Attorneys
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Core Principles of the Legal Profession
CORE PRINCIPLES OF THE LEGAL PROFESSION Resolution ratified on Tuesday October 30, 2018, during the General Assembly in Porto Preamble The lawyer’s role is to counsel, conciliate, represent and defend. In a society founded on respect for the law and for justice, the lawyer advises the client on legal matters, examines the possibility and the appropriateness of finding amicable solutions or of choosing an alternative dispute resolution method, assists the client and represents the client in legal proceedings. The lawyer fulfils the lawyer’s engagement in the interest of the client while respecting the rights of the parties and the rules of the profession, and within the boundaries of the law. Over the years, each bar association has adopted its own rules of conduct, which take into account national or local traditions, procedures and laws. The lawyer should respect these rules, which, notwithstanding their details, are based on the same basic values set forth below. 1 - Independence of the lawyer and of the Bar In order to fulfil fully the lawyer’s role as the counsel and representative of the client, the lawyer must be independent and preserve his lawyer’s professional and intellectual independence with regard to the courts, public authorities, economic powers, professional colleagues and the client, as well as regarding the lawyer’s own interests. The lawyer’s independence is guaranteed by both the courts and the Bar, according to domestic or international rules. Except for instances where the law requires otherwise to ensure due process or to ensure the defense of persons of limited means, the client is free to choose the client’s lawyer and the lawyer is free to choose whether to accept a case. -
National Domestic Violence Prosecution Best Practices Guide Is a Living Document Highlighting Current Best Practices in the Prosecution of Domestic Violence
The National Domestic Violence Prosecution Best Practices Guide is a living document highlighting current best practices in the prosecution of domestic violence. It was inspired by the Women Prosecutors Section of the National District Attorneys Association (NDAA) and a National Symposium on the Prosecution of Domestic Violence Cases, hosted by the NDAA and Alliance for HOPE International in San Diego in October 2015. The two-day national symposium included 100 of our nation’s leading prosecutors re- envisioning the prosecution of domestic violence cases in the United States. Prosecutors and allied professionals are encouraged to continue developing this guide by contributing information on emerging best practices. NDAA recognizes that funding, local rules, or other state laws or local restrictions may prevent an office from adopting the various approaches suggested. This guide is not intended to replace practices and procedures already in operation, but to simply inform and recommend practices that are effective and consistent throughout the nation. For additional suggested edits to this document, contact [email protected], Chair, Domestic Violence Subcommittee, NDAA Women’s Section. 2 TABLE OF CONTENTS Introduction .................................................................................................................................. 4 Definitions ..................................................................................................................................... 6 Victim Recantation, Minimization, and -
The Competency Framework a Guide for IAEA Managers and Staff CONTENT
@ The Competency Framework A guide for IAEA managers and staff CONTENT INTRODUCTION. .3 1. CORE VALUES . .8 2. CORE COMPETENCIES . 10 COMMUNICATION . 11 TEAMWORK . 12 PLANNING AND ORGANIZING . 13 ACHIEVING RESULTS . 14 3. FUNCTIONAL COMPETENCIES. 15 LEADING AND SUPERVISING . 16 ANALYTICAL THINKING . 17 KNOWLEDGE SHARING AND LEARNING . 18 JUDGEMENT/DECISION MAKING . 19 TECHNICAL/SCIENTIFIC CREDIBILITY . 20 CHANGE MANAGEMENT . 21 COMMITMENT TO CONTINUOUS PROCESS IMPROVEMENT . 22 PARTNERSHIP BUILDING . 23 CLIENT ORIENTATION . 24 PERSUASION AND INFLUENCING . 25 RESILIENCE . 26 1 INTRODUCTION What is a competency framework? What are the components of the framework? A competency framework is a model that broadly describes The Agency’s competency framework includes core values, performance excellence within an organization. Such a and core and functional competencies. The defi nitions of framework usually includes a number of competencies these components are as follows: that are applied to multiple occupational roles within the organization. Each competency defi nes, in generic Core values are principles that infl uence people’s actions terms, excellence in working behaviour; this defi nition and the choices they make. They are ethical standards that then establishes the benchmark against which staff are are based on the standards of conduct for the international assessed. A competency framework is a means by which civil service and are to be upheld by all staff. organizations communicate which behaviours are required, valued, recognized and rewarded with respect to specifi c Core competencies provide the foundation of the occupational roles. It ensures that staff, in general, have a framework, describing behaviours to be displayed by all staff common understanding of the organization’s values and members. -
Job Profiles and Training for Employment Counsellors
The European Commission Mutual Learning Programme for Public Employment Services DG Employment, Social Affairs and Inclusion JOB PROFILES AND TRAINING FOR EMPLOYMENT COUNSELLORS Analytical paper September 2012 This publication is commissioned by the European Community Programme for Employment and Social Solidarity (2007-2013). This programme is implemented by the European Commission. It was established to financially support the implementation of the objectives of the European Union in the employment, social affairs and equal opportunities area, and thereby contribute to the achievement of the EU2020 goals in these fields. The seven-year programme targets all stakeholders who can help shape the development of appropriate and effective employment and social legislation and policies, across the EU-27, EFTA-EEA and EU candidate and pre-candidate countries. For more information see: http://ec.europa.eu/progress For more information on the PES to PES Dialogue programme see: http://ec.europa.eu/social/pes-to-pes Editor: DG Employment, Social Affairs and Inclusion, Unit C3 - Skills, Mobility and Employment Services. Author: dr Łukasz Sienkiewicz, Warsaw School of Economics In collaboration with ICF GHK and the Budapest Institute Please cite this publication as: European Commission (2012), Job profiles and training for employment counsellors, Brussels, Author: Łukasz Sienkiewicz The information contained in this publication does not necessarily reflect the position or opinion of the European Commission CONTENTS EXECUTIVE SUMMARY ........................................................................................... i 1 INTRODUCTION.......................................................................................... 1 1.1 The skills and competences of employment counsellors have been identified as being critical to achieving successful placement outcomes, but little was known about existing profiles, training and career pathways from a comparative perspective .................................................................. -
Part I (Strength and Scope of the Duty)
Confidentiality: Part I McGuireWoods LLP (Strength and Scope of the Duty) T. Spahn (6/2/15) Hypotheticals and Analyses ABA Master CONFIDENTIALITY: PART I (STRENGTH AND SCOPE OF THE DUTY) Hypotheticals and Analyses* Thomas E. Spahn McGuireWoods LLP * These analyses primarily rely on the ABA Model Rules, which represent a voluntary organization's suggested guidelines. Every state has adopted its own unique set of mandatory ethics rules, and you should check those when seeking ethics guidance. For ease of use, these analyses and citations use the generic term "legal ethics opinion" rather than the formal categories of the ABA's and state authorities' opinions -- including advisory, formal and informal. ______________________ © 2015 McGuireWoods LLP. McGuireWoods LLP grants you the right to download and/or reproduce this work for personal, educational use within your organization only, provided that you give proper attribution and do not alter the work. You are not permitted to re-publish or re-distribute the work to third parties without permission. Please email Thomas E. Spahn ([email protected]) with any questions or requests. 6693340_11 Confidentiality: Part I McGuireWoods LLP (Strength and Scope of the Duty) T. Spahn (6/2/15) Hypotheticals and Analyses ABA Master TABLE OF CONTENTS Hypo No. Subject Page Strength of Confidentiality Duties 1 Strength of the Ethics Duty ....................................................................... 1 2 Strength of the Attorney-Client Privilege ................................................ -
Lawyers and Social Media: the Legal Ethics of Tweeting, Facebooking and Blogging
Touro Law Review Volume 28 Number 1 Article 7 July 2012 Lawyers and Social Media: The Legal Ethics of Tweeting, Facebooking and Blogging Michael E. Lackey Jr. Joseph P. Minta Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Lackey, Michael E. Jr. and Minta, Joseph P. (2012) "Lawyers and Social Media: The Legal Ethics of Tweeting, Facebooking and Blogging," Touro Law Review: Vol. 28 : No. 1 , Article 7. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol28/iss1/7 This Article is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact [email protected]. Lackey and Minta: Lawyers and Social Media LAWYERS AND SOCIAL MEDIA: THE LEGAL ETHICS OF TWEETING, FACEBOOKING AND BLOGGING By Michael E. Lackey Jr.* and Joseph P. Minta** *** I. INTRODUCTION Lawyers should not—and often cannot—avoid social media. Americans spend more than 20% of their online time on social media websites, which is more than any other single type of website.1 Many young lawyers grew up using the Internet and spent most of their college and law school years using social media sites. Some older attorneys have found that professionally-focused social media sites are valuable networking tools, and few big companies or law firms would ignore the marketing potential of websites like Facebook, Twitter, LinkedIn or YouTube. Finally, for litigators, these sites pro- vide valuable information about witnesses and opposing parties.2 Yet social media sites are also rife with professional hazards for unwary attorneys. -
Expert Witnesses
Law 101: Legal Guide for the Forensic Expert This course is provided free of charge and is designed to give a comprehensive discussion of recommended practices for the forensic expert to follow when preparing for and testifying in court. Find this course live, online at: https://law101.training.nij.gov Updated: September 8, 2011 DNA I N I T I A T I V E www.DNA.gov About this Course This PDF file has been created from the free, self-paced online course “Law 101: Legal Guide for the Forensic Expert.” To take this course online, visit https://law101.training. nij.gov. If you already are registered for any course on DNA.gov, you may logon directly at http://law101.dna.gov. Questions? If you have any questions about this file or any of the courses or content on DNA.gov, visit us online at http://www.dna.gov/more/contactus/. Links in this File Most courses from DNA.Gov contain animations, videos, downloadable documents and/ or links to other userful Web sites. If you are using a printed, paper version of this course, you will not have access to those features. If you are viewing the course as a PDF file online, you may be able to use these features if you are connected to the Internet. Animations, Audio and Video. Throughout this course, there may be links to animation, audio or video files. To listen to or view these files, you need to be connected to the Internet and have the requisite plug-in applications installed on your computer. -
Ethics in Estate and Trust Administrations the Obvious and the Oblivious By: Sandra F
Ethics in Estate and Trust Administrations The Obvious and the Oblivious By: Sandra F. Diamond, Esq. and Laird A. Lile, Esq.1 I. Introduction - Sources of the Rules A. The Model Rules of Professional Conduct (“MRPC”) were adopted by the ABA in 1983. Florida subsequently embraced the Model Rules in Chapter 4 of the Rules Regulating the Florida Bar. That chapter specifically defines and discusses the Rules of Professional Conduct (“RPC”) required of lawyers in Florida. Many of the Rules and much of the accompanying commentary are directed to the ethical dilemmas and conflicts confronted by the trial lawyers or those involved in pursuing or defending criminal matters. There appears to be less focus on the applicability of the Rules to the practices of the estate planner and the estate administrator. B. The American College of Trust and Estate Counsel (“ACTEC”) adopted in 1993 the ACTEC Commentaries on the Model Rules of Professional Conduct (“the Commentaries”). A Fourth Edition of the Commentaries was adopted in 2006, expanding the annotations and providing guidance to trust and estate lawyers who are generally involved in non-adversarial and often multi party representations. (Copies of the ACTEC Commentaries are available at http://www.actec.org/public/commentariespublic.asp.) C. Additionally, there are several other sources which define the duty and conduct of lawyers in the estate planning arena. Lawyers practicing in the estate tax law area are subject to the provisions of the Internal Revenue Code and accompanying rules found in Treasury Circular 230. D. The duties of lawyers are also addressed in the Restatement (Third), Law Governing Lawyers published by the American Law Institute. -
The Hearsay Rule As a Rule of Admission Revisited
THE HEARSAY RULE AS A RULE OF ADMISSION REVISITED Ronald J. Allen* Twenty-four years ago I noted that the transmutation of the rule of hearsay from a rule of exclusion into a rule of admission presaged its death, and I did not mourn its passing: [I]t is only a marginal overstatement to say that today, at least in civil cases, the hearsay rule applies in any robust fashion only to available nonparty witnesses within the subpoena power of the court. And it does not apply to them very rigorously. There are numerous exclusions from the definition of hearsay, twenty-seven formal exceptions, and two provisions explicitly encouraging the ad hoc creation of exceptions, an encouragement, it should be noted, of which much has been made. Moreover, hearsay exceptions, once formed, remain. To my knowledge, there are virtually no examples of hearsay exceptions being eliminated; the dynamic is one of ever-increasing scope for the exceptions . The Federal Rules, in concert with modern discovery principles, are quite clearly the harbinger of [the rule’s] demise. My instinct is that it is a death well-deserved, and after a burial suitable to its station, the hearsay rule should be allowed to lie quietly, undisturbed, for eternity.1 Like the report of Mark Twain’s death, my announcement of the passing of hearsay was exaggerated. It (and I refer here to the federal hearsay rule) remains more or less as it was twenty-four years ago, having undergone only slight expansion.2 * John Henry Wigmore Professor of Law, Northwestern School of Law; Fellow, Procedural Law Research Center, and President, Board of Foreign Advisors, Evidence Law and Forensic Science Institute, China University of Political Science and Law, Beijing. -
Applying the Correct Standard of Review for Rape-Shield Evidentiary Rulings Robert E
University of Arkansas at Little Rock William H. Bowen School of Law Bowen Law Repository: Scholarship & Archives Faculty Scholarship 2010 Unscrambling the Confusion: Applying the Correct Standard of Review for Rape-Shield Evidentiary Rulings Robert E. Steinbuch University of Arkansas at Little Rock William H. Bowen School of Law, [email protected] Follow this and additional works at: http://lawrepository.ualr.edu/faculty_scholarship Part of the Evidence Commons Recommended Citation Robert Steinbuch & Esther Seitz, Unscrambling the Confusion: Applying the Correct Standard of Review for Rape-Shield Evidentiary Rulings, 34 Am. J. Trial Advoc. 281 (2010). This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. Unscrambling the Confusion: Applying the Correct Standard of Review for Rape-Shield Evidentiary Rulings Robert Steinbuchl Esther Seitz t Abstract It is well settled that the standardof review applicableto a case may be crucialto its outcome on appeal. This makes claritywith regardto the applicablestandard of the utmost importance to litigants. This Article addressesspecifically the standardused to review trialcourts'decisions to admit or exclude evidence under rape-shieldstatutes. While most jurisdictionsapply an abuse of discretion standard,the authors here examine the inconsistency of the jurisdictionsthat do not. Ultimately, the authors assert that the abuse of discretion standardis the best in these cases and should be appliedby alljurisdictions collectively. Introduction Every appeal requires the application of a standard of review. And in most appeals, that standard controls the legal analysis. -
The Sense of a Client: Confidentiality Issues in Representing the Elderly
Fordham Law Review Volume 62 Issue 5 Article 13 1994 The Sense of a Client: Confidentiality Issues in Representing the Elderly Burnele V. Powell Ronald C. Link Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Burnele V. Powell and Ronald C. Link, The Sense of a Client: Confidentiality Issues in Representing the Elderly, 62 Fordham L. Rev. 1197 (1994). Available at: https://ir.lawnet.fordham.edu/flr/vol62/iss5/13 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Sense of a Client: Confidentiality Issues in Representing the Elderly Cover Page Footnote Professor of Law, The University of North Carolina. B.A. 1970, University of Missouri at Kansas City; J.D. 1975, University of Wisconsin; L.L.M. 1979, Harvard. Professor of Law, The University of North Carolina. B.A. 1961, University of Illinois; M.A. 1962, University of California at Berkeley; J.D. 1965, University of Illinois. The authors are grateful for the research and drafting assistance provided by University of North Carolina School of Law students Mary Beth Jones (Class of 1995) and Amy Scott (Class of 1994). This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol62/iss5/13 THE SENSE OF A CLIENT: CONFIDENTIALITY ISSUES IN REPRESENTING THE ELDERLY BURNELE V POWELL* and RONALD C. -
RULES of PROFESSIONAL CONDUCT Effective April 1, 2009 As Amended Through June 1, 2018 with Commentary As Amended Through June 1, 2018
NEW YORK RULES OF PROFESSIONAL CONDUCT Effective April 1, 2009 As amended through June 1, 2018 With Commentary as amended through June 1, 2018 TABLE OF CONTENTS Rule Title Page 1.0 Terminology ..................................................................................................................... 6 1.1 Competence .................................................................................................................... 11 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer .......................................................................................................... 14 1.3 Diligence ........................................................................................................................ 19 1.4 Communication .............................................................................................................. 21 1.5 Fees and Division of Fees .............................................................................................. 24 1.6 Confidentiality of Information ....................................................................................... 29 1.7 Conflict of Interest: Current Clients............................................................................... 38 1.8 Current Clients: Specific Conflict of Interest Rules ...................................................... 49 1.9 Duties to Former Clients ................................................................................................ 60 1.10 Imputation of Conflicts