1.75 hrs
Ethics Hour
IllinoisCaseLaw.com Table of Contents
Rules & Tumbler Blog . . . . . 5
Scenario One ...... 6
Model Rule 8.4 ...... 7
Illinois Rule 8.4 ...... 7
The Matches ...... 8
Model Rule 7.1 ...... 9
Model Rule 7.3 ...... 10 Table of Contents
Scenario 7.2 ...... 12
Scenario Two ...... 13
Scenario Three ...... 15
Model Rule 1.6 ...... 16
Illinois Rule 1.6 ...... 18
Model Rule 1.18...... 19
Scenario Four ...... 20 Table of Contents
Scenario Five & Six ...... 21
Scenario Seven ...... 22
Model Rule 1.5 ...... 23
Model Rule 1.16 ...... 25
Scenario Eight ...... 26
The Funny Money ...... 27
Model Rule 3.1 ...... 28 Links to the Rules & Blog
● ABA Model Rules of Professional Conduct ● Illinois Rules of Professional Conduct ● Tumblr Blog
IllinoisCaseLaw.com - 5 Scenario One
From Episode 01 Uno
Season One Begins With Jimmy (Saul) Working on setting up a hussle. He pays some twins to fake a car accident with the wife of a potential client. The wife was the reason the client did not hire Jimmy in the first place.
IllinoisCaseLaw.com - 6 ABA Model Rule 8.4 - Misconduct
We discuss the general rule against misconduct.
Illinois Rule 8.4: Misconduct
The Illinois rule also comes up.
IllinoisCaseLaw.com - 7 The Matches
From Episode 01 Uno
Saul has an interesting conversation about the “appropriateness” of these matches. We discuss if they are ethical?
IllinoisCaseLaw.com - 8 From Breaking Bad
These matches are from the old show. Same question. Are they ethical? The Rules ABA Model Rule 7.1 - Communications Concerning A Lawyer’s Services
ABA and Illinois Rule 7.1 are substantially the same.
IllinoisCaseLaw.com - 9 ABA Model Rule 7.3 - Solicitation of Clients
IllinoisCaseLaw.com - 10 ABA Model Rule 7.3 - Solicitation of Clients
CONTINUED
Remember, these rules mainly exist to protect the public from smart, aggressive attorneys like us.
IllinoisCaseLaw.com - 11 ABA Model Rule 7.2 - Advertising
This is where the fun is at.
IllinoisCaseLaw.com - 12 Scenario Two
IllinoisCaseLaw.com - 13 From Episode 05 Alpine Shepherd Boy
Evan Saul should know not to mess with senior citizens! We analyze the ethics of visiting a nursing home to chum up to the residents while handing out jello cups imprinted with the slogan: “Need a Will? Call McGill!”
Here we analyze whether this was considered improper solicitation in violation of Rule 7.1. Rules 7.2 & 7.3, of course, also come up.
IllinoisCaseLaw.com - 14 Scenario Three
From Episode 02 Mijo
Nacho bringing a deal to Saul. He wants Saul helps Nacho and Tuco steal the $1.5 million that the potential client embezzled. Saul would get a finder’s fee. Saul turns the deal down, but we can still ask if Saul had an ethical duty to inform the authorities.
IllinoisCaseLaw.com - 15 The Rules
ABA Model Rule 1.6 - Confidentiality of Information
Could we have an ethics class and not talk about confidentiality?
IllinoisCaseLaw.com - 16 ABA Model Rule 1.6 - Confidentiality of Information
CONTINUED
IllinoisCaseLaw.com - 17 Illinois Rule 1.6 - Confidentiality of Information
There is a significant difference here between ABA and Illinois Rule.
IllinoisCaseLaw.com - 18 ABA Rule 1.18 - Duties to Prospective Client
There is no significant difference here between ABA and Illinois Rule.
IllinoisCaseLaw.com - 19 Scenario Four
From Episode 03 Nacho
Saul ends up agreeing to represent Nacho who was being detained for the disappearance of the Kettlemans. Yes, this was the defendant suspected of embezzling the 1.5 million. Now his entire family was missing and Nacho was found around the house with blood in his car. But can Saul represent Nacho ethically?
IllinoisCaseLaw.com - 20 Scenario Five & Six
From Episode 03 Nacho
In an effort to try to get the Kettmann attorney to help him convince the police that they should shift focus away from Nacho. Sal wants Kim to convince the cops that her client is hiding. Was it ethical for Sal to ask her that and was it ethical for Kim to refuse?
IllinoisCaseLaw.com - 21 Scenario Seven
From Episode 04 Hero
Saul knows he cannot accept the huge “retainer” from the Kettlemans after he finds their hiding place and finds the money! But what kind of lawyers would we be if we didn’t scour the rules for any exception that would allow Saul to ethically keep the money?
IllinoisCaseLaw.com - 22 The Rules
ABA Model Rule 1.5 - Fees
Nothing here for Saul to hang his bag of money on.
......
IllinoisCaseLaw.com - 23 ABA Model Rule 1.16 - Declining or Terminating Representation
This representation was doomed from the start.
IllinoisCaseLaw.com - 24 ABA Model Rule 1.16 - Declining or Terminating Representation CONTINUED
This representation was doomed from the start.
IllinoisCaseLaw.com - 25 Scenario Eight
From Episode 05 Alpine Shepherd Boy
Saul is in a situation where he was about to take on a client who was asking for the impossible. Cook wants to pay Saul “$1 million” to declare his property a sovereign nation. Had Saul accepted the representation would he have acted ethically?
IllinoisCaseLaw.com - 26 The Funny Money
This is the money Big Ricky Sipes wanted to use to pay Saul. Can you guess why Saul doesn’t end up taking the case? Maybe, Saul was also worried about the rules of ethics.
IllinoisCaseLaw.com - 27 The Rules
ABA Model Rule 3.1 - Meritorious Claims and Contentions
Important stuff here, but criminal attorneys are warned to not tread lightly with this one. There are more important constitutional principles which trump this rule.
IllinoisCaseLaw.com - 28