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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


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

This section has not yet been completed.

1.2:230      When Representation Must Be Declined [see 1.16:200-230]

This section has not yet been completed.

1.2:240      Client-Lawyer Agreements

This section has not yet been completed.

1.2:250      Lawyer's Duties to Client in General

This section has not yet been completed.

1.2:260      Client's Duties to Lawyer

This section has not yet been completed.

1.2:270      Termination of Lawyer's Authority

This section has not yet been completed.

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

This section has not yet been completed.

1.2:320      Authority Reserved to Client

This section has not yet been completed.

1.2:330      Authority Reserved to Lawyer

This section has not yet been completed.

1.2:340      Lawyer's Authority to Act for Client

This section has not yet been completed.

1.2:350      Lawyer's Knowledge Attributed to Client

This section has not yet been completed.

1.2:360      Lawyer's Act or Advice as Mitigating or Avoiding Client Responsibility

This section has not yet been completed.

1.2:370      Appearance Before a Tribunal

This section has not yet been completed.

1.2:380      Authority of Government Lawyer

This section has not yet been completed.

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

This section has not yet been completed.

1.2:510      Waiver of Client or Lawyer Duties (Limited Representation)

This section has not yet been completed.

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

This section has not yet been completed.

1.2:620      Assisting Client Fraud

This section has not yet been completed.

1.2:630      Counseling About Indeterminate or Uncertain Law

This section has not yet been completed.

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]

This section has not yet been completed.

1.2:820      Persons Paying for Representation of Another [see 1.7:400]

This section has not yet been completed.

1.2:830      Representing an Entity [see also 1.13:200]

This section has not yet been completed.

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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