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Model Rule 1.6 ...16 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.
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