MPRE key terms

The principle that courts, rather than legislatures, hold ultimate authority to regulate the practice of law, including admitting and disciplining lawyers, because such regulation is inherent in the judicial function.

Practicing law without a license, or a lawyer helping a nonlawyer do what only a licensed lawyer may do, such as giving legal advice or appearing in court for another person.

A lawyer's temporary or occasional practice of law in a jurisdiction where the lawyer is not admitted, permitted only in limited circumstances such as association with local counsel, arbitration, or work reasonably related to the home practice.

The American Bar Association's model ethical rules that most states adopt in some form; they govern lawyer conduct and are enforced through state bar disciplinary systems and, in some states, as standards of care.

The bar admission inquiry into an applicant's honesty, financial responsibility, and past conduct, including criminal, academic, and employment history, used to predict whether the applicant can practice law ethically.

A lawyer's duty to make reasonable efforts to ensure that subordinate lawyers and nonlawyer assistants in the firm comply with the rules of professional conduct.

The fiduciary relationship formed when a person reasonably relies on a lawyer to provide legal services; it can arise by express agreement or by implication and triggers duties of competence, loyalty, and confidentiality.

A fee paid only if the representation produces a recovery, usually a percentage of the amount recovered; it must be in writing, reasonable, and is barred in criminal cases and most domestic relations matters.

A separate account, often an IOLTA account, where a lawyer holds client or third-party funds; the lawyer must keep individual client records and may not use the money for personal purposes.

Mixing client funds with the lawyer's own money or with other clients' money in a trust account, which is prohibited except for small amounts needed to cover bank charges.

Money paid to a lawyer before work is performed; an advance fee for future services is generally client property that must be held in trust, while a true retainer is earned on receipt.

Withdrawal required when continuing representation would violate the rules or other law, for example when the client uses the lawyer's services to commit a crime or fraud.

The agreed boundaries of what the lawyer will do for the client; lawyer and client may limit the objectives, and the client normally controls decisions about the goals of the representation.

The division of decision-making power: the client decides objectives such as settlement, plea, and whether to testify, while the lawyer decides technical and tactical means after consulting the client.

All information relating to the representation, whatever its source, that the lawyer may not reveal without informed consent or an applicable exception; it is broader than information protected by privilege.

An evidentiary rule, held by the client, that protects confidential communications between client and lawyer made to obtain legal advice from compelled disclosure in legal proceedings.

A protection for materials a lawyer prepares in anticipation of litigation, disclosable only on a showing of substantial need and undue hardship, with the lawyer's mental impressions receiving nearly absolute protection.

The rule that communications otherwise privileged lose protection when the client seeks or uses the lawyer's advice to commit or further a crime or fraud.

The client's agreement to a course of conduct after the lawyer has communicated adequate information about the material risks and reasonably available alternatives, often required to be confirmed in writing.

A conflict between a current client's interests and those of another current client, the lawyer, or a third party; the lawyer may proceed only if representation will not be materially limited and affected clients give informed consent.

A conflict arising after representation ends; the lawyer may not represent a new client in the same or a substantially related matter where the former client's confidential information could be used against it, absent informed consent.

The rule that a conflict of one lawyer in a firm is generally imputed to every lawyer in the firm, disqualifying the entire firm unless the conflict is cured by screening or informed consent.

Isolating a conflicted lawyer from a matter, typically by denying access to files and fees, which can prevent imputation of certain conflicts, mainly those involving former government lawyers or lateral hires.

A transaction, other than a standard commercial loan or routine fee arrangement, between lawyer and client that requires terms fair to the client, full written disclosure, and the client's informed consent confirmed in writing.

The duty to provide legal services with the knowledge, skill, thoroughness, and preparation reasonably necessary, including keeping up with changes in the law and relevant technology.

A civil claim that a lawyer failed to use reasonable care and skill, causing the client harm; the client must prove a duty, breach, causation, and actual damages.

The principle that a law firm may be held liable for a lawyer's negligent or wrongful acts committed within the scope of the firm's practice, even if other lawyers were not personally at fault.

The duty not to make false statements of fact or law to a court, to correct prior false statements, and to disclose controlling adverse legal authority, subject to limits protecting confidentiality.

A claim, defense, or argument that lacks any reasonable basis in law or fact, or is asserted for an improper purpose; presenting one can subject the lawyer to discipline and court sanctions.

The rule limiting a lawyer's extrajudicial statements that a reasonable person would expect to be disseminated and that create a substantial likelihood of materially prejudicing an adjudicative proceeding.

The prohibition on contacting a person the lawyer knows is represented by another lawyer in the matter, absent that other lawyer's consent or authorization by law or court order.

The duty not to state or imply that the lawyer is disinterested, and to correct any misunderstanding about the lawyer's role, when dealing with an unrepresented person whose interests may conflict with the client's.

The duty not to knowingly make false statements of material fact or law to others, and not to fail to disclose a material fact when disclosure is necessary to avoid assisting a client's crime or fraud.

Uncompensated legal service to persons of limited means or to organizations addressing their needs; the rules encourage roughly fifty hours per year but do not make such service mandatory.

A lawyer's in-person, live telephone, or real-time electronic contact with a prospective client for pecuniary gain, prohibited when the person has no prior relationship and the contact involves coercion, duress, or harassment.

A judge's duty to step aside when the judge's impartiality might reasonably be questioned, or when the judge has a personal bias, financial interest, or prior involvement in the matter.

A lawyer's duty to inform the appropriate disciplinary authority when the lawyer knows of another lawyer's violation that raises a substantial question about that lawyer's honesty, trustworthiness, or fitness.

The catch-all disciplinary rule prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation, conduct prejudicial to the administration of justice, and conduct that seriously interferes with the practice of law.