MPRE Cram Sheet — One-Page Cheat Sheet

A lawyer must not enter a business transaction with a client or knowingly acquire an adverse interest unless the terms are fair and reasonable and fully disclosed in writing the client can understand, the client is advised in writing to seek independent counsel and given a chance to do so, and the client gives informed consent in a signed writing to the essential terms and the lawyer's role.

A lawyer must not represent a client if the representation is directly adverse to another current client, or if there is a significant risk that the representation will be materially limited by responsibilities to another client, a former client, a third person, or the lawyer's own interests, unless the conflict is consentable and the affected clients give informed consent confirmed in writing.

A lawyer who formerly represented a client must not represent another in the same or a substantially related matter in which the new client's interests are materially adverse, absent the former client's informed consent confirmed in writing; the lawyer also must not use or reveal the former client's confidential information to the former client's disadvantage.

A conflict of one lawyer in a firm is generally imputed to all lawyers in the firm; imputation does not apply to conflicts based purely on a personal interest that poses no significant risk to others' representation, and a lateral-hire imputed conflict may be cured by timely screening of the affected lawyer plus notice (no fee sharing in the matter).

Even with consent, a lawyer may proceed only if the lawyer reasonably believes the representation will be competent and diligent to each client, it is not prohibited by law, and it does not involve asserting a claim by one client against another client the lawyer represents in the same litigation; a conflict failing any prong is nonconsentable.

A lawyer representing multiple clients must not participate in an aggregate settlement of their claims unless each client gives informed consent in a signed writing after disclosure of all claims, the total, and each person's participation in the settlement.

A former government lawyer must not represent a private client in a matter in which the lawyer participated personally and substantially while in government, absent the agency's informed written consent; the firm may avoid imputation by timely screening the lawyer, giving notice, and apportioning no part of the fee to the lawyer.

Before a matter concludes a lawyer must not acquire literary or media rights based on the representation; a lawyer must not provide financial assistance to a client in connection with litigation, except that the lawyer may advance court costs and litigation expenses with repayment contingent on the outcome for any client, and may pay such costs and expenses outright for an indigent client; and a lawyer must not accept payment from a third party unless the client gives informed consent, the lawyer's independent professional judgment is not compromised, and client confidentiality is protected (1.8(d),(e),(f)).

A lawyer must not use information relating to the representation to the client's disadvantage without informed consent, and must not solicit a substantial gift from a client or prepare an instrument giving the lawyer or a close relative a substantial gift unless the lawyer is related to the client.

A lawyer must act with reasonable diligence and promptness; procrastination and unreasonable delay are common bases for discipline.

The client decides the objectives and settlement, the plea, jury waiver, and whether to testify in a criminal case; the lawyer controls the means after consultation. A lawyer must not counsel or assist a client in conduct the lawyer knows is criminal or fraudulent, but may discuss the legal consequences of any proposed course of conduct.

A lawyer must keep the client reasonably informed, promptly comply with reasonable requests for information, consult about the means of pursuing objectives, promptly inform the client of any decision requiring informed consent, and explain matters enough to let the client make informed decisions.

Mandatory withdrawal is required when continuing would violate the rules or law, the lawyer's condition materially impairs representation, or the lawyer is discharged; permissive withdrawal is allowed when it can be done without material adverse effect, or for cause such as client crime/fraud, repugnant objectives, failure to pay, or unreasonable financial burden.

The basis of the fee should preferably be communicated in writing; a contingent fee must be in a signed writing stating the method of computation and expenses, and the lawyer must provide a written settlement statement at the conclusion.

A lawyer may limit the scope of representation if the limitation is reasonable under the circumstances and the client gives informed consent.

A lawyer must not charge a contingent fee in a domestic relations matter contingent on securing a divorce or on the amount of alimony, support, or property settlement, nor for representing a criminal defendant.

A lawyer must not charge an unreasonable fee or an unreasonable amount for expenses, judged by factors such as time and labor, novelty and difficulty, the customary fee, the amount involved and results obtained, time limitations, and the lawyer's experience.

The duties of candor to the tribunal apply even if compliance requires disclosing information otherwise protected by 1.6, and continue to the conclusion of the proceeding; this is the key exception where a candor duty trumps confidentiality. The client perjury problem is resolved by remonstrating, then disclosing to the court if necessary.

A lawyer must not knowingly make a false statement of fact or law to a tribunal or fail to correct a prior false statement, must disclose directly adverse controlling legal authority not disclosed by the opponent, and must not offer evidence the lawyer knows is false.

A lawyer must not bring or defend a proceeding, or assert an issue, unless there is a non-frivolous basis in law and fact, including a good-faith argument to extend, modify, or reverse existing law; a criminal defense lawyer may nonetheless require the prosecution to prove every element.

If a lawyer comes to know that material evidence already offered was false, the lawyer must take reasonable remedial measures, including if necessary disclosure to the tribunal; a lawyer may refuse to offer evidence (other than a criminal defendant's testimony) the lawyer reasonably believes is false.

A lawyer must not unlawfully obstruct access to or alter, destroy, or conceal evidence, falsify evidence, counsel a witness to testify falsely, pay an improper witness inducement, knowingly disobey an obligation under the rules of a tribunal, or in trial allude to matters not supported by admissible evidence or state a personal opinion on the merits.

A lawyer must not act as advocate at a trial in which the lawyer is likely to be a necessary witness, unless the testimony concerns an uncontested issue or the nature and value of legal services, or disqualification would work substantial hardship on the client; another lawyer in the firm may usually try the case unless there is a 1.7 or 1.9 conflict.

A prosecutor must refrain from prosecuting a charge not supported by probable cause, make timely disclosure of evidence tending to negate guilt or mitigate the offense (Brady-type disclosure), and take reasonable steps to ensure the accused has been advised of and had a chance to obtain counsel; new credible evidence of innocence triggers further duties.

Confidentiality under 1.6 is an ethical duty covering all information relating to the representation and applies in all settings; the attorney-client privilege is an evidentiary rule that only shields confidential communications from compelled disclosure in a proceeding. Information can be confidential without being privileged.

A lawyer must not reveal information relating to the representation of a client unless the client gives informed consent, disclosure is impliedly authorized to carry out the representation, or an exception applies; this duty is far broader than the attorney-client privilege and covers all information relating to the representation regardless of source.

A lawyer MAY reveal confidential information to the extent reasonably necessary to prevent reasonably certain death or substantial bodily harm; to prevent or mitigate client crime or fraud that uses the lawyer's services and is reasonably certain to injure another's financial interests; to secure legal ethics advice; to establish a claim or defense in a controversy with the client; or to comply with law or a court order.

Under the Model Rules every 1.6(b) exception is discretionary (MAY), so a lawyer who chooses not to disclose to prevent death or financial fraud is not subject to discipline; only candor obligations to a tribunal can compel disclosure that overrides confidentiality.

The duty of confidentiality continues after the representation ends and after the client's death; a former client's information remains protected under 1.9(c) from use to the former client's disadvantage or from disclosure.

A lawyer must make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation, including reasonable cybersecurity measures.

A lawyer for an organization represents the entity acting through its constituents; if the lawyer knows of conduct that is a legal violation likely to substantially injure the organization, the lawyer must usually report up the chain to higher authority, and may report outside the organization if necessary to prevent substantial injury, subject to limits when retained to investigate or defend the violation.

It is professional misconduct to violate the Rules (or attempt to, or do so through another), to commit a crime reflecting adversely on honesty or fitness, to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, to engage in conduct prejudicial to the administration of justice, or to knowingly assist a judge in violating the judicial code.

A lawyer who knows that another lawyer has committed a violation raising a substantial question about that lawyer's honesty, trustworthiness, or fitness must report it to the appropriate authority; the same duty applies to judges. The duty does not require disclosure of information protected by 1.6 or learned while serving in an approved lawyers assistance program.

An applicant for bar admission, and a lawyer in connection with a bar-admission or disciplinary matter, must not knowingly make a false statement of material fact and must not fail to disclose a fact needed to correct a known misapprehension; the lawyer need not disclose information protected by 1.6.

A lawyer must provide competent representation, meaning the legal knowledge, skill, thoroughness, and preparation reasonably necessary; a lawyer may handle an unfamiliar matter by acquiring competence through study or by associating with a competent lawyer, and competence includes keeping abreast of relevant technology.

A legal malpractice claim based on negligence requires a duty arising from the attorney-client relationship, breach of the standard of care, causation (including that the client would have prevailed but for the breach in litigation cases), and damages.

A lawyer must not make a false or misleading communication about the lawyer or the lawyer's services; a communication is misleading if it contains a material misrepresentation or omits a fact needed to make the statement not materially misleading, including unjustified expectations or unverifiable comparisons.

A lawyer must not solicit professional employment by live person-to-person contact (in-person, telephone, or real-time electronic) when a significant motive is pecuniary gain, unless the contact is with another lawyer, a person with a close family, personal, or prior professional relationship, or one who routinely uses such legal services for business purposes.

A lawyer may advertise services through any media; the lawyer generally must not give anything of value for a recommendation, but may pay the reasonable costs of advertising, pay usual charges of a qualified lawyer referral service, and make reciprocal referral arrangements that are nonexclusive and disclosed to the client.

General advertising and written, recorded, or electronic communications directed to the public are permitted (subject to 7.1), but real-time live person-to-person solicitation of a specific layperson motivated by pecuniary gain is prohibited because of the risk of overreaching and undue influence.

Any communication about a lawyer's services must include the name and contact information of at least one lawyer or law firm responsible for its content.

In rendering advice a lawyer must exercise independent professional judgment and give candid advice, and may refer not only to law but to moral, economic, social, and political factors relevant to the client's situation.

A lawyer serving as an arbitrator, mediator, or other neutral does not represent any party and must inform unrepresented parties that the lawyer is not representing them and must explain the difference between that role and representing a client when the lawyer knows they may be confused.

A lawyer retained by an organization represents the entity, not its officers or employees; the lawyer must explain the identity of the client (an Upjohn or corporate warning) when the organization's interests are adverse to the constituents the lawyer is dealing with.

In representing a client a lawyer must not communicate about the subject of the representation with a person the lawyer knows is represented by another lawyer in the matter, unless the other lawyer consents or the contact is authorized by law or court order.

In representing a client a lawyer must not knowingly make a false statement of material fact or law to a third person, and must not fail to disclose a material fact when necessary to avoid assisting a client's crime or fraud, unless disclosure is prohibited by 1.6.

When dealing with an unrepresented person, a lawyer must not state or imply that the lawyer is disinterested, must correct any misunderstanding of the lawyer's role, and must not give legal advice other than the advice to secure counsel if the person's interests may conflict with the client's.

When the represented person is an organization, the no-contact rule bars contact with constituents who supervise, direct, or regularly consult with the organization's lawyer, whose act may be imputed to the organization, or whose statements may bind it; former employees are generally not covered.

A lawyer must not commingle client funds with the lawyer's own funds; the only permitted lawyer money in the trust account is the amount reasonably necessary to pay bank service charges. Commingling is a violation even if no client loses money.

A lawyer must hold client and third-party property separate from the lawyer's own property; client funds must be kept in a separate trust account (often an IOLTA account) in the state where the lawyer's office is situated (or elsewhere with the client's or third person's consent), with complete records kept for a set period after the representation ends.

Advance payments for fees and expenses not yet earned must be deposited in the trust account and withdrawn only as earned or expenses incurred; a true general retainer paid solely to secure availability may be the lawyer's property, but unearned advances belong to the client until earned.

When two or more persons (including the lawyer) claim an interest in property the lawyer holds, the lawyer must keep the disputed portion separate until the dispute is resolved, and must promptly distribute the undisputed portion.

On receiving funds or property in which a client or third person has an interest, a lawyer must promptly notify them, promptly deliver any funds or property they are entitled to receive, and render a full accounting on request.

A judge must disqualify in any proceeding in which impartiality might reasonably be questioned, including personal bias, personal knowledge of disputed facts, a financial interest however small in the subject matter or a party, or a close family relationship to a party, lawyer, or material witness.

A judge must not initiate, permit, or consider ex parte communications about a pending matter except in limited circumstances such as scheduling or administrative matters that do not address substance and give prompt notice, emergencies, express consent of the parties, or seeking the advice of a disinterested expert with notice and opportunity to respond.

A judge must perform judicial duties without bias or prejudice, give every person with a legal interest the right to be heard, require order and decorum, be patient and courteous, and dispose of matters promptly and competently.

A judge must uphold and promote the independence, integrity, and impartiality of the judiciary, must avoid impropriety and the appearance of impropriety, and must not abuse the prestige of judicial office to advance the judge's or others' private interests.

A judge may engage in extrajudicial activities but must avoid those that interfere with judicial duties, lead to frequent disqualification, appear coercive, or exploit the judicial office; a judge generally must not practice law, serve as a fiduciary except for family, or accept improper gifts.

A judge or judicial candidate generally must not engage in political or campaign activity inconsistent with judicial independence, must not personally solicit campaign funds (using a committee instead), and must not make pledges or promises about cases other than the faithful and impartial performance of duties.

A judge must not make public statements that might reasonably be expected to affect the outcome or impair the fairness of a pending or impending matter, and must not make pledges or promises inconsistent with the impartial performance of the office.

Except where the disqualification is based on personal bias or prejudice, a disqualified judge may disclose the basis on the record and, if the parties and lawyers all agree without the judge's participation that the judge should proceed, the judge may continue; the agreement must be incorporated into the record.

A lawyer must not make a statement the lawyer knows to be false, or with reckless disregard for its truth, concerning the qualifications or integrity of a judge, adjudicatory officer, or candidate for judicial office.

A lawyer who knows another lawyer or a judge has committed a violation raising a substantial question about honesty, trustworthiness, or fitness must inform the appropriate professional authority, subject to the confidentiality and lawyers-assistance-program exceptions; failing to report is itself misconduct.