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Ch 32, p.ii RULES OF PROFESSIONAL CONDUCT May 2012 Rule 32:5.3 RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS Rule 32:5.4 PROFESSIONAL INDEPENDENCE OF A LAWYER Rule 32:5.5 UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Rule 32:5.6 RESTRICTIONS ON RIGHT TO PRACTICE Rule 32:5.7 RESPONSIBILITIES REGARDING LAW-RELATED SERVICES PUBLIC SERVICE Rule 32:6.1 VOLUNTARY PRO BONO PUBLICO SERVICE Rule 32:6.2 ACCEPTING APPOINTMENTS Rule 32:6.3 MEMBERSHIP IN LEGAL SERVICES ORGANIZATION Rule 32:6.4 LAW REFORM ACTIVITIES AFFECTING CLIENT INTERESTS Rule 32:6.5 NONPROFIT AND COURT-ANNEXED LIMITED LEGAL SERVICES PROGRAMS INFORMATION ABOUT LEGAL SERVICES Rule 32:7.1 COMMUNICATIONS CONCERNING A LAWYER’S SERVICES Rule 32:7.2 ADVERTISING Rule 32:7.3 DIRECT CONTACT WITH PROSPECTIVE CLIENTS Rule 32:7.4 COMMUNICATION OF FIELDS OF PRACTICE AND SPECIALIZATION Rule 32:7.5 PROFESSIONAL NOTICES, LETTERHEADS, OFFICES, AND SIGNS Rule 32:7.6 POLITICAL CONTRIBUTIONS TO OBTAIN LEGAL ENGAGEMENTS OR APPOINTMENTS BY JUDGES Rule 32:7.7 RECOMMENDATION OF PROFESSIONAL EMPLOYMENT Rule 32:7.8 SUGGESTION OF NEED OF LEGAL SERVICES MAINTAINING THE INTEGRITY OF THE PROFESSION Rule 32:8.1 BAR ADMISSION AND DISCIPLINARY MATTERS Rule 32:8.2 JUDICIAL AND LEGAL OFFICIALS Rule 32:8.3 REPORTING PROFESSIONAL MISCONDUCT Rule 32:8.4 MISCONDUCT Rule 32:8.5 DISCIPLINARY AUTHORITY; CHOICE OF LAW
May 2012 RULES OF PROFESSIONAL CONDUCT Ch 32, p.1 CHAPTER 32 IOWA RULES OF PROFESSIONAL CONDUCT PREAMBLE AND SCOPE PREAMBLE: A LAWYER’S RESPONSIBILITIES [1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice. [2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. [3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., rules 32:1.12 and 32:2.4. In addition, there are rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. See rule 32:8.4. [4] In all professional functions a lawyer should be competent, prompt, and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Iowa Rules of Professional Conduct or other law. [5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process. [6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice, and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law, and work to strengthen legal education. In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest. [7] Many of a lawyer’s professional responsibilities are prescribed in the Iowa Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession, and to exemplify the legal profession’s ideals of public service. [8] A lawyer’s responsibilities as a representative of clients, an officer of the legal system, and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest
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