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rules of ethics

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rules of ethics
rules of ethics are not found in one place. they are scattered throughout other law such as, evidence code, probate code, business and profession, state court rules, federal court rules. they are not the same as morals! Professional responsibility rules are not about being "good." Professional responsibility rules are about acting legally. important: the law counts; personal morality counts less. Where to find those rules. State has codified rules of ethics (made into codes) State probably modeled its rules of ethics after the sample written by the ABA (49 states used the model) ( not CA) websites, the rules change. lawyer rules probably have rules that specifically extends the lawyers rules of ethics to paralegals. Rules of ethics include. rules regulating how one becomes a lawyer. Rules regulating disciplining lawyers. Rules setting forth the minimum standards of permitted behavior. Potential disciplinary penalties. Rules of ethics are fairly concrete, written, statutory, rules, adopted by each state ( and federal jurisdictions), expanded upon and explained by case law. most of the rules do apply to paralegals. Ex. lawyers and paralegals must keep client secrets confidential. lawyers and paralegals have a duty to keep fair time sheets. Ex. lawyers have a duty to surprise their paralegals. some states allow lawyers to accept referral fees. Lawyers advertising is highly regulated. Lawyer ethic rules come from 1900-ish. ABA wrote a sample and state used the to write their own laws.
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

(b) A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities.

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

(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

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