THE ART OF MASTERING, MANAGING AND MENTORING LEGAL ETHICS APRL CHICAGO AUGUST 3, 2012 Rebecca Ambrose David A. Lewis Allison D. Rhodes William J. Wernz

MASTERING, MANAGING AND MENTORING LEGAL ETHICS MRPC OUTLINES – 4.2 “In representing a client” Pro Se Lawyers 1) Pro Se Lawyer May Contact Rep’d Party a) Restatement of the Law Governing Lawyers § 99, Cmt. e: “A lawyer representing his or her own interests pro se may communicate with an opposing represented nonclient on the same basis as other principals. . ..” b) A lawyer who is asked by a represented party for a second opinion may render the opinion. Martin A. Cole, Dealing With Prospective Client, MINN. LAW., July 7, 2003.

MASTERING, MANAGING AND MENTORING LEGAL ETHICS 2) Pro Se Lawyer May Not Contact Rep’d Party a) In re Coleman, 463 N.W.2d 718 (Minn. 1990) b) (15 other authorities)

MASTERING, MANAGING AND MENTORING LEGAL ETHICS “A Lawyer Shall Not Communicate . . .:” Contacts by Represented Persons with Each Other. Lawyers, Agents, Supervision Scripting and Rule 8.4(a). 1) ABA F. O. 11-481

MASTERING, MANAGING AND MENTORING LEGAL ETHICS DORSEY & WHITNEY ETHICS & LOSS PREVENTION LIBRARY MRPC and Lawyering Outlines Policies and Procedures Links to Internet Resources Annotated Forms, e.g. Waivers, Engagement Letters Ethics Pleadings Memos, e.g. “Dorsey as Escrow Agent?”

MASTERING, MANAGING AND MENTORING LEGAL ETHICS Why a Law Firm Ethics Library? Consistency Efficiency Pedagogy / Mentoring Transition Planning Client Service Supplement Treatises, etc.

MASTERING, MANAGING AND MENTORING LEGAL ETHICS www.minnesotalawyering.com

MASTERING, MANAGING AND MENTORING LEGAL ETHICS Minnesota Legal Ethics – August 1, 2012 Blog Lawyer’s Perspective Counts, Client’s Does Not. “For purposes of imposing lawyer discipline, Rule 1.0(i), MRPC, defines ‘reasonable’ or ‘reasonably,’ . . . to mean the conduct of a reasonably prudent and competent lawyer. . .. [T]his plainly views the term from a lawyer’s perspective and not from that of a client.” Martin A. Cole, Managing Expectations, BENCH & B. OF MINN., July 2012.

MASTERING, MANAGING AND MENTORING LEGAL ETHICS “Is there enough Minnesota ethics law for a treatise?” Tom Morgan Discipline law resources Common law, e.g. attorney-client relationship, MRPC local law references All local law Up-to-date citations Marketing? 1,500+ blog recipients Lawyering as public service