Maryland Legal Ethics
1.2 Rule 1.2 Scope of Representation
1.2:100 Comparative Analysis of Maryland Rule
¥ Primary Maryland References:
MD Rule 1.2
¥ Background References: ABA
Model Rule 1.2, Other Jurisdictions
¥ Commentary:
1.2:101 Model Rule Comparison
Contrary to MR 1.2, which requires consultation with a client regarding the means by which the client's objectives are to be carried out, Maryland Rule 1.2 requires such consultation only "when appropriate." Maryland's permutation allows the use of independent judgment to determine when to consult with a client "as to the means by which [the objectives of representation] are to be pursued." The remainder of Maryland Rule 1.2 is substantively identical to MR 1.2.
1.2:102 Model Code Comparison
Maryland Rule 1.2(a) has no counterpart in the Disciplinary Rules of the Model Code, however, EC 7-7 and EC 7-8, although quite different in form, are similar in substance to Maryland Rule 1.2(a). Maryland Rule 1.2(b) and Maryland Rule 1.2(c) have no counterpart in the Model Code.
Paragraph (d) is similar to DR 7-102(A)(7), which provides that a lawyer shall not "counsel or assist his client in conduct the lawyer knows to be illegal or fraudulent." DR 7-102(A)(6) provides that a lawyer shall not "participate in the creation or preservation of false evidence". Also related is DR 7-106 which prohibits a lawyer from advising a client to disregard a court rule, but permits the lawyer to challenge the validity of the rule. See also EC 7-5. With regard to Maryland Rule 1.2(e), DR 2-110(C)(1)(c) provides that a lawyer may withdraw from representation if a client "insists" the lawyer engage in "conduct that is illegal or that is prohibited under the Disciplinary Rules." Also related to Maryland Rule 1.2(e) is DR 9-101(C), which provides that "[a] lawyer shall not state or imply that he is able to influence improperly . . . any tribunal, legislative body or public official."
1.2:200 Creating the Client-Lawyer Relationship
¥ Primary Maryland References:
MD Rule 1.2
¥ Background References: ABA
Model Rule 1.2, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:101, ALI-LGL ¤¤ 26-29A,
Wolfram ¤ 9.2
1.2:210 Formation of Client-Lawyer Relationship
This section has not yet been completed.
1.2:220 Lawyer's Duties to Prospective Client
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1.2:230 When Representation Must Be Declined [see 1.16:200-230]
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1.2:240 Client-Lawyer Agreements
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1.2:250 Lawyer's Duties to Client in General
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1.2:260 Client's Duties to Lawyer
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1.2:270 Termination of Lawyer's Authority
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1.2:300 Authority to Make Decisions or Act for Client
¥ Primary Maryland References:
MD Rule 1.2(a)
¥ Background References: ABA
Model Rule 1.2(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31.301, ALI-LGL ¤¤ 32-34,
37-41, Wolfram ¤¤ 4.4, 4.6
1.2:310 Allocating Authority to Decide Between Client and Lawyer
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1.2:320 Authority Reserved to Client
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1.2:330 Authority Reserved to Lawyer
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1.2:340 Lawyer's Authority to Act for Client
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1.2:350 Lawyer's Knowledge Attributed to Client
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1.2:360 Lawyer's Act or Advice as Mitigating or Avoiding Client Responsibility
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1.2:370 Appearance Before a Tribunal
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1.2:380 Authority of Government Lawyer
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1.2:400 Lawyer's Moral Autonomy
¥ Primary Maryland References:
MD Rule 1.2(b)
¥ Background References: ABA
Model Rule 1.2(b), Other Jurisdictions
¥ Commentary: Wolfram ¤ 10.4
This section has not yet been completed.
1.2:500 Limiting the Scope of Representation
¥ Primary Maryland References:
MD Rule 1.2(c)
¥ Background References: ABA
Model Rule 1.2(c), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:301, ALI-LGL ¤ 30, Wolfram
¤ 5.6.7
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1.2:510 Waiver of Client or Lawyer Duties (Limited Representation)
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1.2:600 Prohibited Assistance
¥ Primary Maryland References:
MD Rule 1.2(d)
¥ Background References: ABA
Model Rule 1.2(d), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:301, ALI-LGL ¤ 151, Wolfram
¤ 13.3
1.2:610 Counseling Illegal Conduct
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1.2:620 Assisting Client Fraud
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1.2:630 Counseling About Indeterminate or Uncertain Law
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1.2:700 Warning Client of Limitations on Representation
¥ Primary Maryland References:
MD Rule 1.2(e)
¥ Background References: ABA
Model Rule 1.2(e), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:301, ALI-LGL ¤ 165,
This section has not yet been completed.
1.2:800 Identifying to Whom a Lawyer Owes Duties
¥ Primary Maryland References:
MD Rule 1.2
¥ Background References: ABA
Model Rule 1.2, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:101, ALI-LGL ¤¤ 72, 73,
155, 156A, Wolfram ¤ 7.2
1.2:810 Prospective Clients [see 1.2:220]
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1.2:820 Persons Paying for Representation of Another [see 1.7:400]
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1.2:830 Representing an Entity [see also 1.13:200]
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1.2:840 Representing a Fiduciary [see also 1.13:520]
This section has not yet been completed.
1.2:850 Class Action Clients
This section has not yet been completed.
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