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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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

1.8   Rule 1.8 Conflict of Interest: Prohibited Transactions

1.8:100   Comparative Analysis of Maryland Rule

Primary Maryland References: MD Rule 1.8
Background References: ABA Model Rule 1.8, Other Jurisdictions
Commentary:

1.8:101      Model Rule Comparison

The comment to Maryland Rule 1.8 contains some stylistic, non-substantive differences. With regard to paragraph (a), the Maryland comment states that transactions between attorney and client "must be fair"; whereas, the comment to MR 1.8 states that such transactions "should be fair."

1.8:102      Model Code Comparison

Similar to Maryland Rule 1.8 (a), DR 5-104(A) provides that "[a] lawyer shall not enter into a business transaction with the client if they have differing interests therein and if the client expects the lawyer to exercise his professional judgment therein for the protection of the client, unless the client has consented after full disclosure." EC 5-3 states that "a lawyer should not seek to persuade his client to permit him to invest in an undertaking of his client nor make improper use of his professional relationship to influence his client to invest in an enterprise in which the lawyer is interested."

Similar to Maryland Rule 1.8(b), DR 4-101(B)(3) provides that a lawyer shall not "use a confidence or secret of his client for the advantage of himself, or of a third person, unless the client consents after full disclosure." There is no counterpart to Maryland Rule 1.8(c) in the Disciplinary Rules of the Model Code. However, EC 5-5 recognizes that although a lawyer should not suggest to a client that a gift be made to himself or for his benefit, the lawyer may accept the gift if the client is urged to secure disinterested advice from an independent, competent person preferrably a disinterested lawyer.

Maryland Rule 1.8(d) is substantially similar to DR 5-104(B), but refers to both "literary or media" rights, a more generally inclusive term than "publication" rights.

Maryland Rule 1.8(e)(1) is similar to DR 5-103(B), but eliminates the requirement that "the client remain ultimately liable for such expenses."

Maryland Rule 1.8(e)(2) has no counterpart in the Model Code.

Maryland Rule 1.8(f) is substantially identical to DR 5-107(A)(1).

Maryland Rule 1.8(g) is substantially identical to DR 5-106.

The first clause of Maryland Rule 1.8(h) deals with the same subject as DR 6-102(A). There is no counterpart in the Model Code to the second clause of Maryland Rule 1.8(h).

Maryland Rule 1.8(i) has no counterpart in the Model Code.

Maryland Rule 1.8(j) is substantially identical to DR 5-103(A).

1.8:200   Lawyer's Personal Interest Affecting Relationship

Primary Maryland References: MD Rule 1.8(a)
Background References: ABA Model Rule 1.8(a), Other Jurisdictions
Commentary: ABA/BNA 51:501 et seq., ALI-LGL 207, Wolfram 7.6, 8.11

1.8:210      Sexual Relations with Clients

This section has not yet been completed.

1.8:220      Business Transactions with Clients

This section has not yet been completed.

1.8:300   Lawyer's Use of Client Information

Primary Maryland References: MD Rule 1.8(b)
Background References: ABA Model Rule 1.8(b), Other Jurisdictions
Commentary: ABA/BNA 55:501-55:2001 , ALI-LGL 113-117A, Wolfram 6.7

This section has not yet been completed.

1.8:400   Client Gifts to Lawyer

Primary Maryland References: MD Rule 1.8(c)
Background References: ABA Model Rule 1.8(c), Other Jurisdictions
Commentary: ABA/BNA 51:601, ALI-LGL 208, Wolfram 8.12

This section has not yet been completed.

1.8:500   Literary or Media Rights Relating to Representation

Primary Maryland References: MD Rule 1.8(d)
Background References: ABA Model Rule 1.8(d), Other Jurisdictions
Commentary: ABA/BNA 51:701, ALI-LGL 48, Wolfram 9.3.3

This section has not yet been completed.

1.8:600   Financing Litigation

Primary Maryland References: MD Rule 1.8(e)
Background References: ABA Model Rule 1.8(e), Other Jurisdictions
Commentary: ABA/BNA 51:801, ALI-LGL 48, Wolfram 9.2.3

1.8:610      Litigation Expenses

This section has not yet been completed.

1.8:620      Living and Medical Expenses

This section has not yet been completed.

1.8:700   Payment of Lawyer's Fee by Third Person

Primary Maryland References: MD Rule 1.8(f)
Background References: ABA Model Rule 1.8(f), Other Jurisdictions
Commentary: ABA/BNA 51:901, ALI-LGL 215, 216, Wolfram 8.8

1.8:710      Compensation and Direction by Third Person

This section has not yet been completed.

1.8:720      Insured-Insurer Conflicts [see also 1.7:315]

This section has not yet been completed.

1.8:730      Lawyer with Fiduciary Obligation to Third Persons [see 1.13:520]

This section has not yet been completed.

1.8:800   Aggregate Settlements

Primary Maryland References: MD Rule 1.8(g)
Background References: ABA Model Rule 1.8(g), Other Jurisdictions
Commentary: ABA/BNA 51:375, ALI-LGL 209, Wolfram 8.15

This section has not yet been completed.

1.8:900   Agreements Involving Lawyer's Malpractice Liability

Primary Maryland References: MD Rule 1.8(h)
Background References: ABA Model Rule 1.8(h), Other Jurisdictions
Commentary: ABA/BNA 51:110l, ALI-LGL 76, Wolfram 5.6.7

1.8:910      Prospective Limitation of Malpractice Liability

This section has not yet been completed.

1.8:920      Settlement of Legal Malpractice Claim

This section has not yet been completed.

1.8:1000   Opposing a Lawyer Relative

Primary Maryland References: MD Rule 1.8(i)
Background References: ABA Model Rule 1.8(i), Other Jurisdictions
Commentary: ABA/BNA 51:1301, ALI-LGL 203, Wolfram 7.6.6

This section has not yet been completed.

1.8:1100   Lawyer's Proprietary Interest in Subject Matter of Representation

Primary Maryland References: MD Rule 1.8(j)
Background References: ABA Model Rule 1.8(j), Other Jurisdictions
Commentary: ABA/BNA , ALI-LGL 47, 53, 55, Wolfram 8.13, 9.6.3

1.8:1110      Acquiring an Interest in Subject Matter of Representation

This section has not yet been completed.

1.8:1120      Contingent Fees [see also 1.5:600]

This section has not yet been completed.

1.8:1130      Lawyer Liens

This section has not yet been completed.

1.8:1140      Retention of Files to Collect Fees

This section has not yet been completed.

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