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THE ART OF MASTERING, MANAGING AND MENTORING LEGAL ETHICS

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Presentation on theme: "THE ART OF MASTERING, MANAGING AND MENTORING LEGAL ETHICS"— Presentation transcript:

1 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

2 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.

3 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)

4 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

5 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?”

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

7 MASTERING, MANAGING AND MENTORING LEGAL ETHICS

8 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.

9 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


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