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Minnesota Legal Ethics


Chapter Listing

  • Introduction to this Treatise
  • What Minnesota Legal Ethics Is All About
  • Interpreting and Applying the Rules and Other Authorities
  • The Attorney-Client Relationship
  • Rule 1.0—Terminology
  • Rule 1.1—Competence
  • Rule 1.2—Scope of Representation and Allocation of Authority Between Client and Lawyer
  • Rule 1.3—Diligence and Promptness
  • Rule 1.4—Communication
  • Rule 1.5—Fees
  • Rule 1.6—Confidentiality
  • Introduction to Conflicts of Interest
  • Rule 1.7(a)(1)—Current Client “Directly Adverse” Conflicts
  • Rule 1.7(a)(2)—Materially Limited Representation Conflicts
  • Rule 1.7(b)—Conflict Waivers
  • Rule 1.8(a)—Business Dealings with Clients and Security Interests in Client Property
  • Rule 1.8(c)—Lawyer as Scrivener/Beneficiary
  • Rule 1.8(d)—Literary or Media Rights Conflicts
  • Rule 1.8(e)—Client Loans, Costs and Expenses
  • Rules 1.8(f) and 5.4(c)—Insurers and Other Third Party Payor Conflicts and Confidentiality Issues
  • Rule 1.8(g)—Aggregate Settlements
  • Rule 1.8(h)—Limiting Lawyer Liability to Client
  • Rule 1.8(i)—Acquiring a Proprietary Interest in the Subject of a Client’s Litigation
  • Rule 1.8(j)—Sex with Clients
  • Rule 1.9—“Duties to Former Clients”
  • Rule 1.10 and Rule 1.8(k)—Imputed Conflicts
  • Rule 1.11—Conflicts for Former and Current Public Lawyer Employees and for Former Adjudicators and Neutrals
  • Rule 1.12—Former Judge, Neutral, or Law Clerk
  • Rules 1.13—Organization as Client
  • Rules 1.14—Client Under A Disability
  • Rule 1.15—Trust Accounts
  • Rules 1.16—Terminating Representation
  • Rules 1.17—Sale of Law Practice
  • Rule 1.18—Duties to Prospective Client
  • Rules 2.1, 2.3, 2.4—Counselor, Evaluator, Neutral
  • Rule 3.1—Frivolous Claims
  • Rule 3.2—Expediting Litigation
  • Rule 3.3—Candor Toward the Tribunal
  • Rule 3.4—Fairness, Evidence, Witnesses, Rules, and Orders
  • Rule 3.5—Improper Contacts With Jurors and Adjudicators, Disruptive Conduct
  • Rule 3.6 Trial Publicity
  • Rule 3.7—Lawyer as Witness
  • Rule 3.8—Prosecutor’s Special Responsibilities
  • Rule 3.9
  • Rule 4.2—Communication With a Person Represented By Counsel
  • Rule 4.3—Contact with Unrepresented Party
  • Rule 4.4—Respect for Rights of Third Persons
  • Rules 5.1–5.3—Lawyers’ Supervisory Duties
  • Rule 5.4—Nonlawyers and Law Firms
  • Rules 5.5, 5.8, 8.5—Unauthorized Practice Of Law; Multijurisdictional Practice Of Law; Law Firm Employment Of Suspended Or Disbarred Lawyers
  • Rule 5.6—Restrictions on Right to Practice
  • Rule 5.7—Law-Related Services
  • Rules 6.1–6.5—Public Service
  • Rules 7.1, 7.2, 7.4, 7.5—Advertising, Marketing, and Ethics
  • Rule 7.3—Direct Contact With Prospective Clients
  • Rules 8.1, 8.3—Providing Information to Professional Authorities
  • Rule 8.2—Judicial and Legal Officials
  • Rules 8.4(a), (e), and (f)—Assisting Misconduct
  • Rule 8.4(b)—Criminal Conduct
  • Rules 8.4(c), 4.1—Misconduct: Dishonesty, Misrepre¬sentation
  • Rule 8.4(d)—Misconduct: Conduct Prejudicial to Administration of Justice
  • Rule 8.4(g)–(h)—Misconduct: Harassment and Discrimination
  • Rule 8.4(i)—Misconduct: Failing to Honor Fee Arbitration Award
   
   

AUTHOR

William J. Wernz is one of the nation’s foremost authorities on legal ethics. Formerly ethics counsel for Dorsey & Whitney LLP in Minneapolis, he served first as a staff attorney and later as director of the Office of Lawyers Professional Responsibility, where he prosecuted attorney discipline cases.