Serving those who serve the public Professional Responsibility & Social Networking Presented July 16, 2011 by Joe Lauber Missouri Municipal Attorneys Association Summer Seminar

Overview of Topics Client-Lawyer Relationships Rules through Transactions with Non- Clients Rules through Law Firms and Associations Rules through Information about Legal Services Rules through Maintaining the Integrity of the Profession Rules through 4-8.5

Client-Lawyer Relationships Rule  Confidentiality of Information  Info relating to representation Rule  Conflict of Interest (current client)  Directly adverse  Materially limited Rule  Prohibited Transactions  Use of client information  Family relationships Rule (Law Firms & Associations)  Unauthorized Practice of Law  What is the jurisdiction?  Systematic and continuous presence

Client-Lawyer Relationships Rule  Conflict of Interest (former client)  Same or substantially related matter Rule  Declining Representation  “Shall” withdraw vs. “may” withdraw  Without material adverse effect Rule  Duty to Prospective Client  Discussing the possibility of forming a client-lawyer relationship  Interests materially adverse  Same or substantially similar matter

Transactions with Non-Clients Rule  Truthfulness in Statements to Others  No false statements of material fact  Can’t fail to disclose material fact Rule 4-8.4(c) (Misconduct)  No dishonesty, fraud, deceit, or misrepresentation Rule  Communication with represented party  Subject of representation  Knows to be represented Rule  Dealing with Unrepresented Parties  Do not state or imply disinterested  Reasonable efforts to correct misunderstanding

Information About Legal Services Rule  Communications Regarding Services  No false or misleading communication  Material misrepresentation of fact or law or omission of fact  Creates unjustified expectation about results  No unsubstantiated comparisons Rule  Advertising  Is social networking covered by “public media”?  Keep a copy and record of where and when used for two years after last dissemination  Include the name of at least one lawyer responsible for content Rule  Direct Contact with Prospective Clients  No in-person or by live telephone contact unless family or prior professional relationship  Limits on solicitation Rule  Communicating Fields of Practice  Can communicate fields of law  No “specialization”– exceptions

Serving those who serve the public Municipal Revenue Sources & the Hancock Amendment Contact Information: Joe Lauber Lauber Municipal Law, LLC 1300 SW Hook Road Lee’s Summit, Missouri (816) Scan with your smart phone QR reader

About the Firm I established Lauber Municipal Law, LLC, for the purpose of serving local governmental entities of all types and sizes. I have dedicated my entire career to the representation of municipal clients— I have excelled in my practice as a public law attorney starting with “big firm” experience in the public law practice group at one of Kansas City’s largest law firms, then a practice focused exclusively on Missouri economic development law at the region’s busiest bond firm, before returning to a general municipal practice at a boutique municipal law firm in the Kansas City metro area. I can serve your community as its general counsel (City Attorney) or as special counsel for technical issues like economic development incentive approvals, annexation, elections, impeachments, and appellate work. My goal through Lauber Municipal Law, LLC, is to meld my previous experience together to provide a high-quality, “big firm” work product, while providing the flexibility, personal responsiveness, and cost effectiveness of a small firm. I completely understand public entities’ needs to obtain the most effective representation possible while considering the fact that these services are compensated from a budget made up of public funds. As the motto for Lauber Municipal Law, LLC, states: I am proud to serve those who serve others. My sincere desire is to make that job easier and less stressful for the elected officials and administrative staffs of these entities.