1
I.
INTRODUCTION
A. Nature and Function of Attorney.
1. [§1] Meaning of Terms.
2. [§2] Officer of the Court.
3. [§3] Professional Activities.
4. [§4] Obligation To Accept Employment.
5. Clients' Security Funds.
(a) [§5] In General.
(b) [§6] Due Process Rights of Claimants.
(c) [§7] Applications for Reimbursement From Fund.
6. [§8] Interprofessional Relationships.
B. Law Practice.
1. [§9] In General.
2. Specialization and Specialties.
(a) [§10] In General.
(b) [§11] Certification of Specialists.
(c) Particular Specialties.
(1) [§12] Administrative Agency Practice.
(2) [§13] Appellate Practice.
(3) [§14] Arbitration Practice.
(4) [§15] Collection Practice.
(5) [§16] Commercial Law Practice.
(6) [§17] Condemnation Law Practice.
(7) [§18] Corporate Practice.
(8) [§19] Criminal Practice.
(9) [§20] Family Law Practice.
(10) [§21] Federal Practice.
(11) [§22] Labor Practice.
(12) [§23] Personal Injury Practice.
(13) [§24] Probate Practice.
(14) [§25] Real Estate Practice.
(15) [§26] Tax Practice.
(16) [§27] Trial Practice.
(17) [§28] Workers' Compensation Practice.
3. Lawyer Reference Services.
(a) [§29] In General.
(b) [§30] Referral Fees.
(c) [§31] Minimum Standards and Certification.
4. Legal Service Programs.
(a) [§32] In General.
(b) [§33] Private and Alternative Methods of Funding.
(c) [§34] Federal Legal Services Program.
(d) Attorneys' Trust Fund Program.
(1) [§35] Establishment and Distribution of Funds.
(2) [§36] Program Constitutional.
5. [§37] Preventive Law.
6. Settlement.
(a) [§38] Nature and Scope.
(b) [§39] In Particular Kinds of Litigation.
7. Law Offices.
(a) [§40] Organization.
(b) [§41] Physical Plant, Equipment, Records, and Library.
(c) [§42] Personnel.
8. Law Partnerships.
(a) [§43] Partnership Practice.
(b) [§44] Misleading Partnership Names.
(c) [§45] Limited Liability Partnership.
(d) Dissolution of Partnership.
(1) [§46] In General.
(2) [§47] What Constitutes Unfinished Business.
(e) [§48] Withdrawing Partner's Right to Fees.
9. Law Corporations.
(a) [§49] In General.
(b) [§50] Organization and Name.
(c) [§51] Directors, Officers, and Shareholders.
(d) [§52] Certificate of Registration.
(e) [§53] Operation and Regulation.
(f) [§54] Security for Claims.
(g) [§55] Cancellation or Revocation of Certificate.
(h) [§56] Investigation and Proceedings Against Corporation.
(i) [§57] Resignation of Attorneys.
10. Agreements Restricting Law Practice.
(a) [§58] General Rule and Exceptions.
(b) Agreements Not To Compete.
(1) [§59] Agreements Not Prohibited.
(2) [§60] Rule of Reason Applies.
11.
(a) [§61]
Former Rule:
(b) [§62]
Current Rule:
12. Legal Advertising.
(a) [§63] In General.
(b) [§64] Definitions.
(c) [§65] Requirements.
(d) Electronic Media.
(1) [§66] Requirements and Presumptions.
(2) [§67] Violations.
II.
RELATIONSHIP OF ATTORNEY AND CLIENT
A. Creation of Relationship.
1. [§68] Contract of Employment.
2. [§69] Employee, Independent Contractor, or Agent.
3. [§70] Partners and Employees.
4. [§71] Association for Particular Case.
5. Assignment of Attorney by Court.
(a) [§72] Criminal and Quasi‑Criminal Proceedings.
(b) [§73] Commitment Proceedings.
(c) [§74] Ordinary Civil Proceedings.
(d) [§75] Indigent Prisoner Defendant in Civil Action.
(e) Representation Without Compensation.
(1) [§76] In General.
(2) [§77]
Early
(3) [§78] Yarbrough Case: Factors To Consider.
(4) [§79] Cunningham Case: No Forced Representation Without Compensation.
6. Attorneys for Governmental Agencies.
(a) State Executive Agencies.
(1) Attorney General as Counsel.
(aa) [§80] In General.
(bb) [§81] Conflict of Interest.
(2) [§82] Exceptions.
(b) [§83] State Legislative Counsel.
(c) County.
(1) [§84] In General.
(2) [§85] Allocation of Functions.
(3) Representation of Judges and Courts.
(aa)
[§86] General Rule: Representation by
(bb) [§87] Private Counsel for Judge Where Conflict Exists.
(d) [§88] City.
(e) [§89] Districts.
(f) [§90] Private Counsel for Special Services.
(g) [§91] Private Practice and Public Litigation.
(h) [§92] Professional Ethics.
B. Termination of Relationship.
1. Operation of Law.
(a) [§93] Death or Incapacity of Attorney.
(b) [§94] Death or Incapacity of Client.
2. Voluntary Withdrawal by Attorney.
(a) Legal Right To Withdraw.
(1) [§95] General Rule.
(2) Control by Court.
(aa) [§96] Motion To Withdraw.
(aa‑1) [§96A] (New) Discretion of Court.
(bb) [§97] Withdrawal Without Order.
(3) [§98] Family Law Case.
(4) [§99] Attorney Representing Minor.
(b) Ethical Considerations.
(1) [§100] Rules of Professional Conduct.
(2) [§101] Where Defendant Intends To Commit Perjury.
(c) [§102] Legal Service Agency Attorney.
3. Discharge of Attorney by Client.
(a) [§103] Absolute Right To Discharge.
(b) [§104] Power Coupled With Interest.
4. [§105] Unwarranted Discharge by Court.
5. Substitution of Attorneys.
(a) Necessity of Formal Substitution.
(1) [§106] Old Attorney's Authority.
(2) [§107] New Attorney's Authority.
(3) [§108] Failure To Substitute Not Fatal Defect.
(b) Procedure.
(1) [§109] In General.
(2) [§110] Notice of Substitution.
6. Cessation of Law Practice.
(a) [§111] Judicial Council Notification Rule.
(b) Statutory Protection of Clients and Others.
(1) [§112] Nature and Scope of Statutes.
(2) [§113] Notice of Cessation.
(3) Court's Jurisdiction Over Law Practice.
(aa) [§114] Grounds and Procedure.
(bb) [§115] Duties of Appointed Counsel.
(bb‑1) [§115A] (New) Practice Administrator.
(cc) [§116] Incapacitated Attorneys.
(dd) [§117] Relief Available to Clients.
III.
FIDUCIARY OBLIGATIONS
A. [§118] In General.
B. Business Dealings With Client.
1. Violation of Fiduciary Duty Presumed.
(a) [§119] General Rule.
(b) [§120] Scope of Rule.
(c) [§121] Unfair Advantage Not Required.
(d) [§122] Client's Confidence in Attorney.
(e) [§123] Showing To Overcome Presumption.
(f) [§124] Drawing Will in Attorney's Own Favor.
2. Exceptions.
(a) [§125] Contract Relating to Compensation.
(b) [§126] Where Fee Agreement Creates Conflict of Interest.
(c) [§127] Dealings After Termination of Relationship.
(d) [§127A]
(New)
C. Representation Adverse to Current or Former Client.
1. [§128] General Principle.
2. [§129] Classification of Situations.
3. Remedies and Sanctions.
(a) [§130] In General.
(b) Motion To Disqualify.
(1) [§131] Motion in Trial Court.
(2) [§132] Effect of Delay.
(3) [§133] Abuse of Motion.
(4) [§134] Review of Order.
4. Representation Adverse to Current Client.
(a) [§135] In General.
(b) [§136] Representation on Unrelated Matter.
(b‑1) [§136A] (New) Representing Parent and Subsidiary Corporations.
(b‑2) [§136B] (New) Representing Insured and Insurer.
(c) [§137] Withdrawal From Representation Does Not Avoid Conflict.
(d). [§138] No Duty To Advise Potential Client Where Conflict Exists.
(e) Adverse Interests of Corporate Attorneys.
(1) [§139] In General.
(2) [§140] No Automatic Representation of Officers or Partners.
(f) [§141] Vicarious Disqualification of Law Firm.
(g) Adverse Interest Resulting From Insurance.
(1) [§142] Workers' Compensation Cases.
(2) Automobile Accident Cases.
(aa) [§143] Representation at Trial.
(bb) [§144] Settlement Negotiations.
(3) [§145] Malpractice Cases.
(4) Insurer's Reservation of Rights.
(aa) [§146] Cumis Case.
(bb) [§147] Statutory Right to Independent Counsel.
(cc) [§148] Scope of Right.
(dd) [§149] Limitations on Right.
(ee) [§150] No Right to Independent Insurance Adjuster.
(h) [§151] Dual Representation in Dissolution of Marriage.
(i) [§152] Class Action Conflicts of Interest.
(j) [§153] Conflicts of Interest Involving Multiple Parties.
(k) Exceptions.
(1) [§154] Known Joint Representation.
(2) [§155] Knowing and Informed Waiver.
(3) [§156] Single Agency With Separate Divisions.
5. Representation Adverse to Former Client.
(a) [§157] In General.
(b) [§158] Acquisition of Adverse Pecuniary Interest.
(c) [§159] Vicarious Disqualification of Law Firm.
(c-1) [§159A] (New) Vicarious Disqualification of Individual Attorney
(d) [§160] Former Corporate Attorney.
(e) [§161] Distinction: Relationship Never Created.
(f) Exceptions.
(1) [§162] New Employment Not Injurious.
(2) [§163] Client's Consent or Waiver.
(3) Joint Attorney.
(aa) [§164] Croce Case: Use of Joint Attorney Waives Objection.
(bb) [§165] Croce Criticized and Distinguished.
(cc) [§166] Joint Attorney Exception Limited.
6. Conflicts of Interest of Government Attorneys.
(a) [§167] In General.
(b) Conflicting Functions.
(1) [§168] General Principles.
(2) [§169] Where Conflict Affects Third Party.
(c) Conflicts With Personal Interests.
(1) [§170] Financial Interests.
(2) [§171] Enforcement of Collective Bargaining Rights.
(d) [§172] Former Public Attorneys.
(e) [§172A] (New) Former Private Sector Attorney
7. [§173] Acts of Nonlawyer Employees.
8. [§174] Retention of Expert Who Has Been Consulted by Another Party.
D. [§175] Personal Relationship With Client.
E. [§176] Duty To Keep Client Informed.
IV.
COMPENSATION OF ATTORNEY
A. In General.
1. Contractual or Other Basis of Fee.
(a) [§177] General Principle and Distinctions.
(b) Agreements.
(1) [§178] Formal Contract.
(2) [§179] Informal and Oral Agreements.
(3) [§180] When Written Agreement Required.
(c) [§181] Improper Unilateral Determination by Attorney.
(d) Minimum Fee Schedules.
(1) [§182] In General.
(2) [§183] Mandatory Schedules Illegal.
(e) [§184] Statutory Regulation.
(f) Division of Fees Between Attorneys.
(1) [§185] Construction of Agreement.
(2) [§186] Ethical Considerations.
(3) Forwarding Fees.
(aa) [§187] In General.
(bb) [§188] Referral Fee Agreement Is Valid.
2. Reimbursement for Expenses.
(a) [§189] In General: Agreement With Client.
(b) [§190] In Absence of Agreement.
(c) [§191] Attorney's Agreement To Bear Expenses.
3. Attorney's Lien.
(a) Common Law Liens.
(1) [§192] Nature of Common Law Liens.
(2)
[§193]
(b) [§194] Statutory Liens.
(c) Contractual Liens.
(1) [§195] Express Contract.
(2) [§196] Creation by Implication.
(3) [§197] Lien Survives Attorney's Discharge or Withdrawal.
(4) Enforcement and Priority.
(aa) [§198] In General.
(bb) [§199] Discharged Attorney's Notice of Lien.
(5) [§200] Ineffective Language.
(6) [§201] Invalid Possessory Lien.
B. Contingent Fees.
1. [§202] Validity of Ordinary Agreement.
2. [§203] Excessive Fees Not Recoverable.
3. [§204] Provision Preventing Settlement Invalid.
4. [§205] Where Contingent Fee Invalid.
5. Required Disclosures to Client.
(a) [§206] In General.
(b) [§207] Distinction: Contingent Fee for Nonlitigation Services.
6. [§208] Contracts Involving Claims Between Merchants.
7. Fee Limits in Medical Malpractice Cases.
(a) [§209] Statutory Provisions.
(b) [§210] Constitutionality.
(c) [§211] Limits May Not Be Exceeded.
(d) [§212] Hybrid Proceeding.
(e) [§213] Calculation of Fee.
(e‑1) [§213A] (New) Method of Payment.
(f) [§214] Medical‑Legal Consulting Fee.
C. Construction of Contract in Client's Favor.
1. [§215] General Principle.
2. [§216] Illustrations.
3. Uncontemplated Services.
(a) [§217] Additional Compensation Denied.
(b) [§218] Additional Compensation Allowed.
4. [§219] Substantial Performance by Attorney.
D. Reasonable Value of Services.
1. When Reasonable Value Is Recoverable.
(a) [§220] Valid Express or Implied in Fact Contract.
(b) [§221] Valid Contract but Performance Excused.
(c) [§222] Valid Contract With Invalid Compensation Provision.
(d) [§223] Unenforceable Contract.
(e) [§224] Illegal Contract.
2. Determination of Reasonableness.
(a) [§225] In General.
(b) [§226] Rules of Professional Conduct.
(c) [§227] Contingency of Success.
(d) [§228] Other Special Factors.
3. Proof.
(a) [§229] Testimony and Other Evidence.
(b) [§230] Independent Judgment of Jury or Court.
4. Review of Fee Awards.
(a) [§231] Illustrations of Large Awards Upheld.
(b) [§232] Illustrations of Large Awards Annulled.
(c) [§233] Reversal for Inadequate Award.
E. Actions for Recovery of Compensation.
1. [§234] In General.
2. [§235] Performance.
3. [§236] Prevention of Performance.
4. [§237] Attorney's Disbarment or Suspension.
4a. [§237A] (New) Attorney's Disqualification for Ethical Breach.
5. Attorney's Voluntary Withdrawal.
(a) [§238] Recovery Only if Withdrawal Is for Cause.
(b) [§239] What Constitutes Good Cause.
6. [§240] Attorney's Incapacity To Complete Performance.
7. [§241] Discharge of Attorney With Cause.
8. Discharge of Attorney Without Cause.
(a) [§242] What Constitutes Wrongful Discharge.
(b) Recovery of Fee.
(1) [§243] Fixed Fee or Reasonable Value of Services.
(2) Contingent Fee Not Recoverable.
(aa) [§244] Former Law: Recovery of Entire Amount.
(bb) [§245] Current Law: Recovery of Reasonable Value.
9. [§246] Discharge of Attorney‑Employee.
F. [§247] Action for Recovery of Costs.
G. Arbitration or Mediation of Fee Disputes.
1. [§248] Voluntary Arbitration or Mediation.
2. Mandatory Arbitration.
(a) [§249] In General.
(b) [§250] Administration by State Bar.
(c) [§251] Statute Applies Only to Attorney‑Client Disputes.
(d) [§252] Arbitrators.
(e) [§253] Client's Request for Arbitration.
(f) [§254] Waiver of Right to Arbitration.
(g) [§255] Arbitration Hearing.
(h) [§256] Arbitration Award.
(i) [§257] Trial After Arbitration.
(j) Enforcement of Award.
(1) [§258] In General.
(2) [§259] Proceedings To Enforce Award.
(3) [§260] Proceedings for Inactive Enrollment.
V.
AUTHORITY OF ATTORNEY
A. In General.
1. Agency Basis.
(a) [§261] General Rule.
(b) [§262] Distinctions.
2. [§263] Presumption of Authority.
3. [§264] Duty To Inform Client of Settlement Offer.
B. Client With Attorney of Record Cannot Act.
1. [§265] Attorney Must Take Legal Steps.
2. [§266] Adverse Party Must Deal With Attorney.
3. Distinction: Legally Effective Acts.
(a) [§267] In General.
(b) [§268] Settlement or Compromise of Claim.
C. Control Over Conduct of Litigation.
1. [§269] In General.
2. Ordinary Procedural Steps.
(a) [§270] Attorney's Apparent Authority.
(b) [§271] Freedom From Client's Control.
3. Steps Involving Major Questions of Policy.
(a) [§272] Compromise and Consent Judgments.
(b) Giving Up Substantive Right.
(1) [§273] General Rule.
(2) [§274] Ostensible Authority.
(3) [§275] Ratification.
(c) [§276] Giving Up Substantive Defense.
(d) [§277] Giving Up Right to Hearing.
(e) [§278] Stipulating to Binding Arbitration.
(f) [§279] Stipulation in Family Law Case.
(g) [§280] Stipulation for Temporary Judge.
(h) Steps After Judgment.
(1) [§281] In General.
(2) [§282] Taking or Defending Against Appeal.
(3) [§283] Waiving Right To Appeal.
4. Matters Collateral to Litigation.
(a) [§284] In General.
(b) [§285] Receipt of Money in Settlement.
5. Acts Contrary to Law, Court Rule, or Public Policy.
(a) [§286] In General.
(b) [§287] Stipulations as to Law or Facts.
(c) [§288] Dismissal Entered by Fraudulent Attorney.
D. Stipulations.
1. [§289] Nature.
2. [§290] Effect in Present Proceeding.
3. [§291] Effect in Subsequent Proceeding.
4. Form.
(a) [§292] In General.
(b) [§293] Written Stipulation Filed.
(c) [§294] Oral Stipulation in Minutes.
(d) Sufficiency of Informal Stipulations.
(1) [§295] In General.
(2) [§296] Oral Stipulation Not Entered.
5. Matters Subject to Stipulation.
(a) [§297] In General.
(b) [§298] Pleadings and Issues.
(c) [§299] Evidence or Facts.
(d) [§300] Liability or Damages.
(e) [§301] Other Matters Relating to Trial.
(f) [§302] Judgment.
(g) [§303] Subsequent Proceedings.
6. Construction and Relief.
(a) Construction.
(1) [§304] Ordinary Contract Rules.
(2) [§305] Special Rules Applicable to Stipulations.
(b) Withdrawal or Rescission.
(1) [§306] Grounds and Court's Discretion.
(2) [§307] Procedure.
(3) [§308] Conditions of Rescission.
(c) Illustrations of Relief by Interpretation or Rescission.
(1) [§309] Casual or Inadvertent Oral Statements.
(2) [§310] Formal Stipulations.
VI.
LIABILITY FOR NEGLIGENCE
A. [§311] In General.
B. [§312] Distinction: Intentional Tort.
C. [§313] No Liability for Conspiracy With Client.
D. [§314] Standards of Care.
E. Duty and Breach.
1. Duty to Client.
(a) [§315] Questions of Law and Fact.
(b) [§316] Expert Evidence.
(c) [§317] Necessity of Attorney‑Client Relationship.
(d) [§318] Duty Where Dual Attorney‑Client Relationship Exists.
(e) [§319] Duty To Refer to Specialist.
(f) [§320] Duty To Advise of Remedies Outside Scope of Representation.
(g) [§321] No Liability for Acts of Third Persons.
2. Duty to Client's Beneficiary.
(a) [§322] In General.
(b) [§323] No Duty to Potential Beneficiary.
(c) [§324] No Duty to Unidentified Beneficiary.
3. Duty to Other Third Parties.
(a) [§325] General Rule: No Duty to Third Party.
(b) [§326] Illustrations.
(c) Exceptions.
(1) [§327] Foreseeable Reliance on Misrepresentation.
(2) [§328] Misrepresentation to Third Party's Attorney.
(3) [§329] Duty as Escrow Holder.
(4) [§329A] (New) Party Holding Lien Against Client's Recovery.
4. [§330] Liability of Partners.
5. [§331] Liability of Associated Attorney.
6. [§332] No Liability to Forwarding Attorney.
7. [§333] Limitation of Liability.
F. Causation and Damage.
1. [§334] In General.
1a. [§334A] (New) Criminal Defendant.
2. [§335] Cases Denying Recovery.
3. Cases Upholding Recovery.
(a) [§336] Earlier Cases.
(b) [§337] Later Cases.
4. Measure of Damages.
(a) [§338] In General.
(b) [§339] Emotional Distress.
5. [§340] Intervening Negligence of Substituted Counsel.
G. Defenses.
1. [§341] Negligence of Client.
2. Mistake of Law.
(a) Cases Denying Recovery.
(1) [§342] In General.
(2) [§343] Failure To Advise of Possible Change in Law.
(b) [§344] Cases Upholding Recovery.
3. [§345] Reasonable Exercise of Judgment.
4. [§346] Conflicting Public Obligation.
5. [§347] Arbitration Agreement.
6. [§348] Unclean Hands.
H. Indemnity From Successor Attorney.
1. [§349] Gibson Case: Indemnity Denied.
2. [§350] Parker Case: Indemnity Allowed.
3. [§351] Later Cases: Indemnity Denied.
H‑1. [§351A] (New) No Indemnity From Concurrent Counsel.
J. Malpractice Insurance.
1. [§353] In General.
2. [§354] Insurance Policies.
VII.
REGULATION OF PRACTICE
A. In General.
1. [§355] Right To Practice Law.
2. [§356] Regulation by Court.
3. [§357] Control by Legislature.
B. The State Bar.
1. [§358] Nature and Organization.
2. Board of Governors.
(a) [§359] Selection of Members.
(b) [§360] Public Meetings.
(c) [§361] Conflict of Interest.
3. Membership in State Bar.
(a) [§362] In General.
(b) [§363] Information Provided by Members.
(c) Inactive Members.
(1) [§364] Attorneys Retired From Practice.
(2) Involuntary Enrollment.
(aa) [§365] In General.
(bb) [§366] Incompetence or Insanity.
(cc) [§367] Substantial Threat of Harm.
(dd) [§368] Noncompliance With Reporting or Disciplinary Requirements.
(ee) [§369] Constitutional Requirements.
4. [§370] Constitutionality of State Bar Act.
5. Dues‑Financed Activities of State Bar.
(a) [§371] Lathrop Case.
(b) [§372]
Keller Case:
(c) [§373]
Keller Case:
6. [§373A] (New) Attorney Diversion and Assistance Program.
C. Admission to Practice.
1. In General.
(a) [§374] General Conditions.
(b) [§375] Aliens and Nonresidents Entitled to Admission.
2. Educational Requirements.
(a) Student Applicants.
(1) [§376] Eligibility for Bar Examination.
(2) [§377] Bar Examination.
(b) [§378] Out‑of‑State Attorney Applicants.
(c) [§379] Rights of Unsuccessful Applicants.
3. Moral Character.
(a) Investigation by Committee.
(1) [§380] In General.
(2) [§381] Duties of Applicant and Attorneys.
(3) [§382] No Liability for Delay in Investigation.
(b) Proof of Good Character.
(1) [§383] Burden on Applicant.
(2) [§384] Right to Due Process.
(3) [§385] Free Speech Considerations.
(4) Showing Held Sufficient.
(aa) [§386] Good Moral Character Shown.
(bb) [§387] Rehabilitation Shown.
(5) [§388] Showing Held Insufficient.
(c) [§389] Review of Committee's Decision.
(d) [§390] Revocation for Fraud.
4. Loyalty Tests.
(a) [§391]
(b) [§392] Baird and Subsequent Cases.
5. [§393] Admission and Oath.
6. [§394] Fees.
D. Unlawful Practice of Law.
1. Prohibitions Against Unlawful Practice.
(a) Unlicensed Persons.
(1) [§395] General Prohibition.
(2) [§396] Law Clerks.
(3) [§397] Paralegals.
(4) Certified Law Students.
(aa) [§398] Nature of Program.
(bb) [§399] Student and Attorney Participants.
(cc) [§400] Activities.
(5) [§400A] (New) Trustees.
(6) [§400B] (New) Legal Document Assistants.
(b) [§401] Corporation.
(c) Out‑of‑State Attorneys.
(1) [§402] In General.
(2) [§403] Counsel Pro Hac Vice.
(3) [§404] Military Counsel.
(4) [§405] Foreign Legal Consultants.
(5) [§405A] (New) Registered Legal Services Attorneys.
(6) [§405B] (New) Registered In-House Counsel.
(7) [§405C] (New) Temporary Practice as Part of Litigation
(8) [§405D] (New) Temporary Practice To Provide Legal Services.
(d) [§406] Other Persons.
2. [§407] Penalties and Other Effects.
3. What Constitutes Practice of Law.
(a) [§408] In General.
(b) [§409] Preparation of Legal Instruments.
(c) [§410] Eviction Service.
(d) [§411] Collection of Assigned Claims.
(e) [§412] Heir‑Hunting.
(f) [§413] Legal Steps Under Power of Attorney.
4. Practice Before Administrative Agencies.
(a) [§414] Workers' Compensation Appeals Board.
(b) [§415] Patent Office.
(c) [§416] Treasury Department.
E. [§417] Mandatory Continuing Legal Education.
VIII.
A.B.A. MODEL RULES OF PROFESSIONAL CONDUCT
A. In General.
1. [§418] Adoption of Rules.
2. [§419] Nature and Purpose of Rules.
3. [§420] Answers to Criticisms.
4. [§421] Preamble: A Lawyer's Responsibilities.
B. Client‑Lawyer Relationship.
1. [§422] Competence (Rule 1.1).
2. [§423] Scope of Representation (Rule 1.2).
3. [§424] Diligence (Rule 1.3).
4. [§425] Communication (Rule 1.4).
5. [§426] Fees (Rule 1.5).
6. [§427] Confidentiality of Information (Rule 1.6).
7. [§428] Conflict of Interest: General (Rule 1.7).
8. [§429] Conflict of Interest: Prohibited Transactions (Rule 1.8).
9. [§430] Conflict of Interest: Former Client (Rule 1.9).
10. [§431] Imputed Disqualification: General (Rule 1.10).
11. [§432] Successive Government and Private Employment (Rule 1.11).
12. [§433] Former Judge or Arbitrator (Rule 1.12).
13. [§434] Organization as Client (Rule 1.13).
14. [§435] Client Under a Disability (Rule 1.14).
15. [§436] Safekeeping Property (Rule 1.15).
16. [§437] Declining or Terminating Representation (Rule 1.16).
17. [§438]
18. [§438A] (New) Duties to Prospective Client (Rule 1.18).
C. Counselor.
1. [§439] Advisor (Rule 2.1).
2. [§440] Intermediary (Rule 2.2).
3. [§441] Evaluation for Use by Third Persons (Rule 2.3).
4. [§441A] (New) Lawyer Serving as Third-Party Neutral (Rule 2.3).
D. Advocate.
1. [§442] Meritorious Claims and Contentions (Rule 3.1).
2. [§443] Expediting Litigation (Rule 3.2).
3. [§444] Candor Toward the Tribunal (Rule 3.3).
4. [§445] Fairness to Opposing Party and Counsel (Rule 3.4).
5. [§446] Impartiality and Decorum (Rule 3.5).
6. [§447] Trial Publicity (Rule 3.6).
7. [§448] Lawyer as Witness (Rule 3.7).
8. [§449] Special Responsibilities of a Prosecutor (Rule 3.8).
9. [§450] Advocate in Nonadjudicative Proceedings (Rule 3.9).
E. Transactions With Person Other Than Clients.
1. [§451] Truthfulness in Statements to Others (Rule 4.1).
2. [§452] Communication With Person Represented by Counsel (Rule 4.2).
3. [§453] Dealing With Unrepresented Person (Rule 4.3).
4. [§454] Respect for Rights of Third Persons (Rule 4.4).
F. Law Firms and Associations.
1. [§455] Responsibilities of a Partner or Supervisory Lawyer (Rule 5.1).
2. [§456] Responsibilities of a Subordinate Lawyer (Rule 5.2).
3. [§457] Responsibilities Regarding Nonlawyer Assistants (Rule 5.3).
4. [§458]
Professional
5. [§459] Unauthorized Practice of Law (Rule 5.5).
6. [§460] Restrictions on Right To Practice (Rule 5.6).
7. [§461] Responsibilities Regarding Law‑Related Services (Rule 5.7).
G. Public Service.
1. [§462] Pro Bono Publico Service (Rule 6.1).
2. [§463] Accepting Appointments (Rule 6.2).
3. [§464] Membership in Legal Services Organization (Rule 6.3).
4. [§465] Law Reform Activities Affecting Client Interests (Rule 6.4).
5. [§465A] (New) Nonprofit and Court-Annexed Limited Legal Services Programs (Rule 6.5).
H. Information About Legal Services.
1. [§466] Communications Concerning a Lawyer's Services (Rule 7.1).
2. [§467] Advertising (Rule 7.2).
3. [§468] Direct Contact With Prospective Clients (Rule 7.3).
4. [§469] Communication of Fields of Practice and Certification (Rule 7.4).
5. [§470] Firm Names and Letterheads (Rule 7.5).
6. [470A] (New) Political Contributions To Obtain Government Legal Engagements or Appointments by Judges (Rule 7.6).
I. Maintaining the Integrity of the Profession.
1. [§471] Bar Admission and Disciplinary Matters (Rule 8.1).
2. [§472] Judicial and Legal Officials (Rule 8.2).
3. [§473] Reporting Professional Misconduct (Rule 8.3).
4. [§474] Misconduct (Rule 8.4).
5. [§475] Jurisdiction (Rule 8.5).
IX.
RULES OF PROFESSIONAL CONDUCT
A. In General.
1. [§476] Adoption.
2. [§477] Rules Proposed by Members.
B. Professional Integrity.