Professional Responsibility

Morals are one's internal beliefs of right and wrong.

True morality is determined by God, but this often does not align with people's personal morals or legal ethical standards.

Ethics are external rules imposed upon upon people to make them behave more morally.

Many things are immoral but ethical. Some things are unethical but still moral.

Rule 1.1

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

One can be competent in a matter he does not have training or experience in.

Rule 1.6(a)

1. A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

• While usually only followed if there is a possibility of harming the client, the letter of the rule basically prevents sharing anything ever at all.
• Comment 4 also says that it prohibits revealing information that do not reveal protected information but could reasonably lead to the discovery of such information.
• Comment 20 says that this even applies to former clients.

Rule 1.6(b)–(c)

2. A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
   1. to prevent reasonably certain death or substantial bodily harm;
   2. to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;
   3. to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;
   4. to secure legal advice about the lawyer's compliance with these Rules;
   5. to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client;
   6. to comply with other law or a court order; or
   7. to detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.
3. A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

If a client is currently engaged in a crime or fraud and using a lawyer's assistance therefor, Rule 4.1 requires disclosure, trumping Rule 1.6.

Rule 1.14

1. When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
2. When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.
3. Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests.

Most lawyer-client relationships end when all the relevant work has been completed.

At this time, according to Rule 1.16(d) the lawyer must return any papers and property to which the client is entitled as well as any unearned payment, although most states allow liens over some documents for unpaid bills.

A lawyer still has a duty to protect the confidences of former clients.

Under Rule 1.16, a lawyer may be fired at any time, must withdraw if ethics require, and may withdraw for good cause under Rule 1.16(b), most broadly if he can do so without material adverse effect on the interests of the client but also if he stops being paid, the case will result in an unreasonable financial burden on the lawyer, or the client makes representation unreasonably difficult.

If a lawyer has already filed suit for a client, he generally cannot withdraw without the court's permission.

Judges must perform their duties "fairly and impartially."

ABA Rule 3.6 prohibits judges from participating in organizations that discrimination.

Judges must avoid most communications about a matter unless all parties thereto are present.

Judges may be disqualified if the judge's impartiality might reasonably be questioned.

Former judges shall not represent anyone in connection with a matter he personally participated in. Rule 1.12(a).

Former judges shall not negotiate for employment with any person participating as a lawyer in a matter he personally participated in. Rule 1.12(b).

Lawyers' fees must be reasonable. Rule 1.5(a).

Rule 1.5

1. A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
   1. the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
   2. the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
   3. the fee customarily charged in the locality for similar legal services;
   4. the amount involved and the results obtained;
   5. the time limitations imposed by the client or by the circumstances;
   6. the nature and length of the professional relationship with the client;
   7. the experience, reputation, and ability of the lawyer or lawyers performing the services; and
   8. whether the fee is fixed or contingent.
2. The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.
3. A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
4. A lawyer shall not enter into an arrangement for, charge, or collect:
   1. any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
   2. a contingent fee for representing a defendant in a criminal case.
5. A division of a fee between lawyers who are not in the same firm may be made only if:
   1. the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;
   2. the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and
   3. the total fee is reasonable.

Charging in blocks and rounding up is okay. Purposefully padding time and abusing such a system is unethical.

Double-billing is always unethical. If something affects multiple clients, split the time between them.

Travel time is billable. (Still never double-billable, even if working for someone else while traveling.)

An unsecured note is always unreasonable.

Gifts are okay, as long as they are unsolicited.

You can only get stuff from a will you draft if you are related.

Rule 1.15

1. A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property. Funds shall be kept in a separate account maintained in the state where the lawyer's office is situated, or elsewhere with the consent of the client or third person. Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of [five years] after termination of the representation.
2. A lawyer may deposit the lawyer's own funds in a client trust account for the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose.
3. A lawyer shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred.
4. Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.
5. When in the course of representation a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute.

A mortgage does not create a legal interest in the money from a judgment or settlement.

If a client makes a purchase and represents that the purchase will be made out of proceeds (you want it in writing), it creates a legal interest and the creditor must be paid out of the proceeds by the lawyer.

Rule 3.1

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

It is not unethical to file claims for which the statute of limitations has run, as that is an affirmative defense.

Rule 3.8

The prosecutor in a criminal case shall:

1. refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
2. make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
3. not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;
4. make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
5. not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:
   1. the information sought is not protected from disclosure by any applicable privilege;
   2. the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and
   3. there is no other feasible alternative to obtain the information;
6. except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.
7. When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:
   1. promptly disclose that evidence to an appropriate court or authority, and
   2. if the conviction was obtained in the prosecutor’s jurisdiction,
      1. promptly disclose that evidence to the defendant unless a court authorizes delay, and
      2. undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.
8. When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.

Rule 3.3

1. A lawyer shall not knowingly:
   1. make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
   2. fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
   3. offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.
2. A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
3. The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.
4. In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

You must disclose any legal authority known to be adverse to your position. Rule 3.3(a)(2).

You can never let a client or witness perjure himself. If you are only reasonably sure but do not know that he intends to lie, you may or may not let him testify, unless it is a criminal trial. In a criminal trial, you must always let him testify unless you know he intends to lie. Rule 3.3(a)(3).

If your client or witness does commit perjury, you must disclose it to the court. Rule 3.3(a)(3).

This duty extends to the conclusion of the case. Rule 3.3(c).

A lawyer has knowledge if he can infer the facts.

Rule 3.4

A lawyer shall not:

1. unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
2. falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
3. knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;
4. in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;
5. in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or
6. request a person other than a client to refrain from voluntarily giving relevant information to another party unless:
   1. the person is a relative or an employee or other agent of a client; and
   2. the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

Rule 4.4

1. In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.
2. A lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender.

Rule 4.4 Comment 2

. . . . [T]his Rule does not address the legal duties of a lawyer who receives a document that the lawyer knows or reasonably should know may have been wrongfully obtained by the sending person.

Rule 3.5

A lawyer shall not:

1. seek to influence a judge, juror, prospective juror or other official by means prohibited by law;
2. communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;
3. communicate with a juror or prospective juror after discharge of the jury if:
   1. the communication is prohibited by law or court order;
   2. the juror has made known to the lawyer a desire not to communicate; or
   3. the communication involves misrepresentation, coercion, duress or harassment; or
4. engage in conduct intended to disrupt a tribunal.

Rule 3.6

1. A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
2. Notwithstanding paragraph (a), a lawyer may state:
   1. the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved;
   2. information contained in a public record;
   3. that an investigation of a matter is in progress;
   4. the scheduling or result of any step in litigation;
   5. a request for assistance in obtaining evidence and information necessary thereto;
   6. a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and
   7. in a criminal case, in addition to subparagraphs (1) through (6):
      1. the identity, residence, occupation and family status of the accused;
      2. if the accused has not been apprehended, information necessary to aid in apprehension of that person;
      3. the fact, time and place of arrest; and
      4. the identity of investigating and arresting officers or agencies and the length of the investigation.
3. Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.
4. No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a).

Rule 3.7

1. A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless:
   1. the testimony relates to an uncontested issue;
   2. the testimony relates to the nature and value of legal services rendered in the case; or
   3. disqualification of the lawyer would work substantial hardship on the client.
2. A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.

Rule 3.9

A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.

Even if you are not in a trial but just representing someone in some other type of hearing, you have to disclose it and comply with the rules about lying clients, evidence, and influencing judges and juries.

Rule 5.4

1. A lawyer or law firm shall not share legal fees with a nonlawyer, except that:
   1. an agreement by a lawyer with the lawyer's firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer's death, to the lawyer's estate or to one or more specified persons;
   2. a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer may, pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that lawyer the agreed-upon purchase price;
   3. a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement; and
   4. a lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter.
2. A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.
3. A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services.
4. A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if:
   1. a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration;
   2. a nonlawyer is a corporate director or officer thereof or occupies the position of similar responsibility in any form of association other than a corporation ; or
   3. a nonlawyer has the right to direct or control the professional judgment of a lawyer.

Rule 5.6

A lawyer shall not participate in offering or making:

1. a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or
2. an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy.

Rule 4.2

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Rule 4.2 Comment 7

In the case of a represented organization, this Rule prohibits communications with a constituent of the organization who supervises, directs or regularly consults with the organization's lawyer concerning the matter or has authority to obligate the organization with respect to the matter or whose act or omission in connection with the matter may be imputed to the organization for purposes of civil or criminal liability. Consent of the organization's lawyer is not required for communication with a former constituent. If the constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4(f). In communicating with a current or former constituent of an organization, a lawyer must not use methods of obtaining evidence that violate the legal rights of the organization. See Rule 4.4.

Rule 4.3

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

Rule 7.1

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

• Truthful statements that are misleading also prohibited by this rule. Comment 2.
• (If it leads a reasonable person to form a conclusion for which there is no reasonable factual foundation.)

Rule 7.2

1. A lawyer may communicate information regarding the lawyer’s services through any media.
2. A lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer’s services except that a lawyer may:
   1. pay the reasonable costs of advertisements or communications permitted by this Rule;
   2. pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service;
   3. pay for a law practice in accordance with Rule 1.17;
   4. refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if:
      1. the reciprocal referral agreement is not exclusive; and
      2. the client is informed of the existence and nature of the agreement; and
   5. give nominal gifts as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s services.
3. A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:
   1. the lawyer has been certified as a specialist by an organization that has been approved by an appropriate authority of the state or the District of Columbia or a U.S. Territory or that has been accredited by the American Bar Association; and
   2. the name of the certifying organization is clearly identified in the communication.
4. Any communication made under this Rule must include the name and contact information of at least one lawyer or law firm responsible for its content.

Rule 7.4

1. A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.
2. A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation "Patent Attorney" or a substantially similar designation.
3. A lawyer engaged in Admiralty practice may use the designation "Admiralty," "Proctor in Admiralty" or a substantially similar designation.
4. A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:
1. the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and
2. the name of the certifying organization is clearly identified in the communication.

Rule 1.9

1. A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.
2. A lawyer who is not admitted to practice in this jurisdiction shall not:
   1. except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
   2. hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.
3. A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
   1. are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
   2. are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
   3. are in or reasonably related to a pending or potential arbitration, mediation, or other alternative resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
   4. are not within paragraphs (c) (2) or (c)(3) and arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.
4. A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, or a person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that:
   1. are provided to the lawyer's employer or its organizational affiliates, are not services for which the forum requires pro hac vice admission; and when performed by a foreign lawyer and requires advice on the law of this or another U.S. jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or
   2. are services that the lawyer is authorized by federal or other law or rule to provide in this jurisdiction.
5. For purposes of paragraph (d):
   1. the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and subject to effective regulation and discipline by a duly constituted professional body or a public authority; or,
   2. the person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction must be authorized to practice under this Rule by, in the exercise of its discretion, [the highest court of this jurisdiction].

• Rule 7.1(d) allows corporate lawyers to practice in other jurisdictions as long as the other jurisdiction allows it.

Rule 6.2

A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as:

1. representing the client is likely to result in violation of the Rules of Professional Conduct or other law;
2. representing the client is likely to result in an unreasonable financial burden on the lawyer; or
3. the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client.