Professional Responsibility (NC)
Regulating Lawyers: c. An org. accredited by the ABA
1. NC Rules of Professional Conduct 3. Advertising:
2. Procedure: file complaint to be heard by disciplinary authority a. Requires lawyers avoid false or misleading statements in
3. 4 types of discipline: their advertising
a. private sensure (verbal warning) i. Test: whether a layperson (a moran) would find the
b. public sensure (published) statement or advertising misleading
c. suspension b. NC – Can’t compare yourself to other lawyers unless its
d. disbarred actually verifiable (very rare)
4. Attny subject to malpractice claims by clients c. Avoid direct reference to your clout and connections
5. Choice of law in multi-jurisdictional matters: d. Can’t promise results
a. If licensed in NC only then NC law/rules apply e. Special rules re: advertising contingent fees:
b. If admitted NC and other state rules of the sate will apply i. Clearly state terms and basis of agreement
in which lawyer principally practices unless conduct ii. Must make it clear in advertisement that refers to
effects another state then that other states rule will apply contingent fees whether client will be responsible for
6. Admission any costs and that contingent fees are not permitted in
a. US SC says state requirements need to be rational all types of cases
b. Requirements on you: 1) truth and full disclosure 2) duty f. Targeted mail: may send direct mail but should include
to cooperate disclaimer
c. Requirements regarding other applicants: 1) Good
applicants = your input is aspirational 2) Bad applicants =
g. NC requires attnys to keep copies of advertising for as
duty to report when asked long as they wish (2 yr rule removed)
7. Regulations after admission: 1) by NC SC 2) Self regulating h. Soliciting Clients: avoid solicitation by personal contact.
by duty to report violation and not to do it anonymously i. Exceptions: 1) Family, close friends and lawyers, 2)
8. Multi-Jurisdictional Practice: Discipline in 1 state does NOT prior clients and 3) pro bono matters
mean there will be discipline in the other i. If you give in person unsolicited advice do not accept
9. Permissible temp multi-jurisdictional practice: employment resulting from such advice
a. Associate w/an active lawyer The Lawyer-Client Relationship:
b. Special permission called pro hac vice (the case only) 1. Maintaining client confidences (former/current/prospective)
c. Mediation or arbitration out of home state practice a. Rule: You cannot disclose confidential information
d. Anything reasonably related to lawyer’s home state (doesn’t matter the source).
practice b. Exceptions: 1) required y law or ct order 2) to obtain legal
What does it mean to practice law: or ethical advice for lawyer. Use hypos
1. You are a lawyer 24/7 c. May prevent future crime or reasonably certain death or
2. Is= anything that requires a law license Not= interviewing, substantial harm or injury (don’t reveal if past crime)
drafting, legal memos, filling in forms 2. Client property: must be protected by keeping it in a bonded
3. Cases you should/must accept given general freedom to warehouse
reject cases: Conflicts of Interest:
a. Where client is oppressed or defenseless 1. Rule: Avoid conflicts! In event of conflict refuse to accept or
b. Pro bono (not required) continue representation in most cases
c. When appointed to take by the ct 2. Bar Exam Rule of Thumb: If conduct creates a conflict or even
4. Take only cases you are competent to handle a remote possibility of a conflict treat as if conflict
a. Physical and mental competence 3. Accept a case w/a conflict only if all clients have given their
b. Substantive competence informed consent:
c. Time a. Client must agree after
5. If you are not competent offer this advice: b. Lawyer explains material risks and reasonable
a. Get another lawyer alternatives
b. Let me associate myself w/another lawyer c. Client agrees in writing (can be electronically)
c. Give me some time to learn it 4. Examples ripe for testing:
6. Who is empowered to make which decisions: a. Crimi: cannot take an interest in publication rights from
a. Clients: ones that impact the merits of the case. the case until case is over appeals and all
Criminal= whether they’ll testify. b. Wills: never draft will leaving attny something significant
b. Attny: strategic, procedural and tactical ones. A client can i. Exception: family and nominal gifts
veto if it comes to cost c. We do not lend money to clients
7. Do not help non lawyers engage in practice of law i. NC – may advance costs of litigation
8. A lawyer may NOT enter into a non compete agreement or 5. Fee payment by Third Party
provision w/his current partners or associates b/c clients have a. Do what client says not TP
a right to hire whoever: 6. Don’t have SEX with your clients:
a. EXCEPTION: 1) condition on your retirement or 2) a. Never with a current client
leaving your firm b. Never as a condition of representation
Establishing your practice and getting clients: c. Exception: where the relationship preceded the
1. Firm name must be appropriate representation
a. Trade names ok as long as not misleading 7. You cannot limit your malpractice exposure by getting your
b. Can’t makeup names client to agree not to sue you for malpractice
c. Rule: If whatever happens to you is permanent your a. Exception: When you say you don’t have experience and
name comes off the door. they want you anyway
i. Abassadorships are considered permanent 8. Doing business with clients: An attny is generally prohibited
2. Do not hold yourself out as a specialist unless you are from doing business with clients unless it is fair to client
certified as a specialist or practice patent/trademark or: 9. Lawsuits between current and former clients: You may
a. You have been granted certification by the NC bar; or represent a current client in an action against a former client
b. An org. accredited by the NC bar; or except:
Professional Responsibility (NC) 2
a. When your current client wants to sue your former client
involving a matter or transaction in which you
represented the former client; or