View - State of Iowa

More documents

Recommendations

Info

Ch 32, p.22 RULES OF PROFESSIONAL CONDUCT May 2012 the consent of an unnamed member of the class whom the lawyer represents in an unrelated matter. Nonlitigation Conflicts [26] Conflicts of interest under paragraphs (a)(1) and (a)(2) arise in contexts other than litigation. For a discussion of directly adverse conflicts in transactional matters, see comment [7]. Relevant factors in determining whether there is significant potential for material limitation include the duration and intimacy of the lawyer’s relationship with the client or clients involved, the functions being performed by the lawyer, the likelihood that disagreements will arise, and the likely prejudice to the client from the conflict. The question is often one of proximity and degree. See comment [8]. [27] For example, conflict questions may arise in estate planning and estate administration. A lawyer may be called upon to prepare wills for several family members, such as husband and wife, and, depending upon the circumstances, a conflict of interest may be present. In order to comply with conflict of interest rules, the lawyer should make clear the lawyer’s relationship to the parties involved. [28] Whether a conflict is consentable depends on the circumstances. For example, a lawyer may not represent multiple parties to a negotiation whose interests are fundamentally antagonistic to each other, but common representation is permissible where the clients are generally aligned in interest even though there is some difference in interest among them. Thus, a lawyer may seek to establish or adjust a relationship between clients on an amicable and mutually advantageous basis; for example, in helping to organize a business in which two or more clients are entrepreneurs, working out the financial reorganization of an enterprise in which two or more clients have an interest, or arranging a property distribution in settlement of an estate. The lawyer seeks to resolve potentially adverse interests by developing the parties’ mutual interests. Otherwise, each party might have to obtain separate representation, with the possibility of incurring additional cost, complication, or even litigation. Given these and other relevant factors, the clients may prefer that the lawyer act for all of them. Special Considerations in Common Representation [29] In considering whether to represent multiple clients in the same matter, a lawyer should be mindful that if the common representation fails because the potentially adverse interests cannot be reconciled, the result can be additional cost, embarrassment, and recrimination. Ordinarily, the lawyer will be forced to withdraw from representing all of the clients if the common representation fails. In some situations, the risk of failure is so great that multiple representation is plainly impossible. For example, a lawyer cannot undertake common representation of clients where contentious litigation or negotiations between them are imminent or contemplated. Moreover, because the lawyer is required to be impartial between commonly represented clients, representation of multiple clients is improper when it is unlikely that impartiality can be maintained. Generally, if the relationship between the parties has already assumed antagonism, the possibility that the clients’ interests can be adequately served by common representation is not very good. Other relevant factors are whether the lawyer subsequently will represent both parties on a continuing basis and whether the situation involves creating or terminating a relationship between the parties. [30] A particularly important factor in determining the appropriateness of common representation is the effect on client-lawyer confidentiality and the attorney-client privilege. With regard to the attorney-client privilege, the prevailing rule is that, as between commonly represented clients, the privilege does not attach. Hence, it must be assumed that if litigation eventuates between the clients, the privilege will not protect any such communications, and the clients should be so advised. [31] As to the duty of confidentiality, continued common representation will almost certainly be inadequate if one client asks the lawyer not to disclose to the other client information relevant to the common representation. This is so because the lawyer has an equal duty of loyalty to each client, and each client has the right to be informed of anything bearing on the representation that might affect that client’s interests and the right to expect that the lawyer will use that information to that client’s benefit. See rule 32:1.4. The lawyer should, at the outset of the common representation and as part of the process of obtaining each client’s informed consent, advise each client that information will be shared and that the lawyer will have to withdraw if one client decides that some matter material to the representation should be kept from the other. In limited circumstances, it may be appropriate
May 2012 RULES OF PROFESSIONAL CONDUCT Ch 32, p.23 for the lawyer to proceed with the representation when the clients have agreed, after being properly informed, that the lawyer will keep certain information confidential. For example, the lawyer may reasonably conclude that failure to disclose one client’s trade secrets to another client will not adversely affect representation involving a joint venture between the clients and agree to keep that information confidential with the informed consent of both clients. [32] When seeking to establish or adjust a relationship between clients, the lawyer should make clear that the lawyer’s role is not that of partisanship normally expected in other circumstances and, thus, that the clients may be required to assume greater responsibility for decisions than when each client is separately represented. Any limitations on the scope of the representation made necessary as a result of the common representation should be fully explained to the clients at the outset of the representation. See rule 32:1.2(c). [33] Subject to the above limitations, each client in the common representation has the right to loyal and diligent representation and the protection of rule 32:1.9 concerning the obligations to a former client. The client also has the right to discharge the lawyer as stated in rule 32:1.16. Organizational Clients [34] A lawyer who represents a corporation or other organization does not, by virtue of that representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary. See rule 32:1.13(a). Thus, the lawyer for an organization is not barred from accepting representation adverse to an affiliate in an unrelated matter, unless the circumstances are such that the affiliate should also be considered a client of the lawyer, there is an understanding between the lawyer and the organizational client that the lawyer will avoid representation adverse to the client’s affiliates, or the lawyer’s obligations to either the organizational client or the new client are likely to limit materially the lawyer’s representation of the other client. [35] A lawyer for a corporation or other organization who is also a member of its board of directors should determine whether the responsibilities of the two roles may conflict. The lawyer may be called on to advise the corporation in matters involving actions of the directors. Consideration should be given to the frequency with which such situations may arise, the potential intensity of the conflict, the effect of the lawyer’s resignation from the board, and the possibility of the corporation’s obtaining legal advice from another lawyer in such situations. If there is material risk that the dual role will compromise the lawyer’s independence of professional judgment, the lawyer should not serve as a director or should cease to act as the corporation’s lawyer when conflicts of interest arise. The lawyer should advise the other members of the board that in some circumstances matters discussed at board meetings while the lawyer is present in the capacity of director might not be protected by the attorney-client privilege and that conflict of interest considerations might require the lawyer’s recusal as a director or might require the lawyer and the lawyer’s firm to decline representation of the corporation in a matter. [Court Order April 20, 2005, effective July 1, 2005] Rule 32:1.8: CONFLICT OF INTEREST: CURRENT CLIENTS: SPECIFIC RULES (a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client; (2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and (3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction. (b) A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these rules. (c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to
Page 1 and 2:
IOWA COURT RULES FIFTH EDITION Publ
Page 3 and 4:
January 2010 IOWA COURT RULES p.i T
Page 5 and 6:
December 2010 CIVIL PROCEDURE Ch 1,
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13:
Page 16 and 17:
Ch 1, p.2 CIVIL PROCEDURE December
Page 18 and 19:
Page 20 and 21:
Page 22 and 23:
Page 24 and 25:
Page 26 and 27:
Page 28 and 29:
Page 30 and 31:
Page 32 and 33:
Page 34 and 35:
Page 36 and 37:
Page 38 and 39:
Page 40 and 41:
Page 42 and 43:
Page 44 and 45:
Page 46 and 47:
Page 48 and 49:
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
Page 56 and 57:
Page 58 and 59:
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
Page 66 and 67:
Page 68 and 69:
Page 70 and 71:
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Ch 1, p.100 CIVIL PROCEDURE Decembe
Page 117 and 118:
August 2010 CRIMINAL PROCEDURE Ch 2
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181:
July 2009 SMALL CLAIMS FORMS Ch 3,
Page 184 and 185:
Ch 3, p.2 SMALL CLAIMS FORMS July 2
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Ch 3, p.10 SMALL CLAIMS FORMS July
Page 194 and 195:
Ch 3, p.12 SMALL CLAIMS FORMS July
Page 197:
February 2011 PROTECTIVE ORDERS Ch
Page 200 and 201:
Ch 4, p.2 PROTECTIVE ORDERS Februar
Page 202 and 203:
Page 204 and 205:
Page 206 and 207:
Page 208 and 209:
Ch 4, p.10 PROTECTIVE ORDERS Februa
Page 210 and 211:
Page 212 and 213:
Page 214 and 215:
Page 216 and 217:
Page 218 and 219:
Page 220 and 221:
Page 222 and 223:
Page 224 and 225:
Page 226 and 227:
Page 228 and 229:
Page 230 and 231:
Page 232 and 233:
Ch 5, p.ii EVIDENCE July 2009 Rule
Page 234 and 235:
Ch 5, p.2 EVIDENCE July 2009 Rule 5
Page 236 and 237:
Ch 5, p.4 EVIDENCE July 2009 in com
Page 238 and 239:
Ch 5, p.6 EVIDENCE July 2009 Rules
Page 240 and 241:
Ch 5, p.8 EVIDENCE July 2009 Rule 5
Page 242 and 243:
Ch 5, p.10 EVIDENCE July 2009 d. St
Page 244 and 245:
Ch 5, p.12 EVIDENCE July 2009 conce
Page 246 and 247:
Ch 5, p.14 EVIDENCE July 2009 calle
Page 248 and 249:
Ch 5, p.16 EVIDENCE July 2009 Rule
Page 251 and 252:
June 2010 APPELLATE PROCEDURE Ch 6,
Page 253 and 254:
Page 255:
Page 258 and 259:
Ch 6, p.2 APPELLATE PROCEDURE June
Page 260 and 261:
Page 262 and 263:
Page 264 and 265:
Page 266 and 267:
Page 268 and 269:
Page 270 and 271:
Page 272 and 273:
Page 274 and 275:
Page 276 and 277:
Page 278 and 279:
Page 280 and 281:
Page 282 and 283:
Page 284 and 285:
Page 286 and 287:
Page 288 and 289:
Page 290 and 291:
Page 292 and 293:
Page 294 and 295:
Page 296 and 297:
Page 298 and 299:
Page 300 and 301:
Page 302 and 303:
Page 304 and 305:
Page 306 and 307:
Page 308 and 309:
Page 310 and 311:
Page 312 and 313:
Page 315:
May 2012 PROBATE PROCEDURE Ch 7, p.
Page 318 and 319:
Ch 7, p.2 PROBATE PROCEDURE May 201
Page 320 and 321:
Page 322 and 323:
Page 324 and 325:
Page 326 and 327:
Page 328 and 329:
Ch 8, p.ii JUVENILE PROCEDURE Augus
Page 330 and 331:
Ch 8, p.2 JUVENILE PROCEDURE August
Page 332 and 333:
Page 334 and 335:
Page 336 and 337:
Page 338 and 339:
Ch 8, p.10 JUVENILE PROCEDURE Augus
Page 340 and 341:
Page 342 and 343:
Page 344 and 345:
Page 346 and 347:
Page 348 and 349:
Page 350 and 351:
Page 352 and 353:
Page 355 and 356:
July 2009 CHILD SUPPORT GUIDELINES
Page 357 and 358:
Page 359 and 360:
Page 361 and 362:
Page 363 and 364:
Page 365 and 366:
Page 367 and 368:
Page 369 and 370:
Page 371 and 372:
Page 373 and 374:
Page 375 and 376:
Page 377 and 378:
Page 379 and 380:
Page 381 and 382:
Page 383:
Page 387:
July 2009 VISITATION BOND Ch 10, p.
Page 391 and 392:
January 2012 STANDARDS OF CONDUCT F
Page 393 and 394:
Page 395:
Page 398 and 399:
Ch 12, p.ii INVOLUNTARY HOSPITALIZA
Page 400 and 401:
Ch 12, p.2 INVOLUNTARY HOSPITALIZAT
Page 402 and 403:
Page 404 and 405:
Page 406 and 407:
Page 408 and 409:
Ch 12, p.10 INVOLUNTARY HOSPITALIZA
Page 410 and 411:
Page 412 and 413:
Page 414 and 415:
Page 416 and 417:
Page 418 and 419:
Page 420 and 421:
Page 422 and 423:
Page 424 and 425:
Page 426 and 427:
Page 428 and 429:
Page 430 and 431:
Page 432 and 433:
Page 434 and 435:
Page 436 and 437:
Page 438 and 439:
Page 440 and 441:
Page 442 and 443:
Page 445 and 446:
July 2009 CHRONIC SUBSTANCE ABUSERS
Page 447 and 448:
Page 449 and 450:
Page 451 and 452:
Page 453 and 454:
Page 455 and 456:
Page 457 and 458:
Page 459 and 460:
Page 461 and 462:
Page 463 and 464:
Page 465 and 466:
Page 467 and 468:
Page 469 and 470:
Page 471 and 472:
Page 473 and 474:
Page 475 and 476:
Page 477 and 478:
Page 479 and 480:
Page 481 and 482:
Page 483 and 484:
Page 485 and 486:
Page 487:
Page 491:
July 2009 Ch 15, p.1 CHAPTER 15 Res
Page 495 and 496:
July 2009 FORMS FOR SELF-REPRESENTA
Page 497 and 498:
Page 499 and 500:
Page 501 and 502:
Page 503 and 504:
Page 505 and 506:
Page 507 and 508:
Page 509 and 510:
Page 511 and 512:
Page 513 and 514:
Page 515 and 516:
Page 517 and 518:
Page 519 and 520:
Page 521 and 522:
Page 523 and 524:
Page 525 and 526:
Page 527 and 528:
Page 529 and 530:
Page 531 and 532:
Page 533 and 534:
Page 535 and 536:
Page 537 and 538:
Page 539 and 540:
Page 541 and 542:
Page 543 and 544:
Page 545 and 546:
Page 547 and 548:
Page 549 and 550:
Page 551 and 552:
Page 553 and 554:
Page 555 and 556:
Page 557 and 558:
Page 559 and 560:
Page 561 and 562:
Page 563 and 564:
Page 565 and 566:
Page 567 and 568:
Page 569 and 570:
Page 571 and 572:
Page 573 and 574:
Page 575 and 576:
Page 577 and 578:
Page 579 and 580:
Page 581:
Page 585:
February 2010 COURT RECORDS Ch 20,
Page 589:
September 2009 APPELLATE COURTS Ch
Page 592 and 593:
Ch 21, p.2 APPELLATE COURTS Septemb
Page 594 and 595:
Ch 21, p.4 APPELLATE COURTS Septemb
Page 597:
May 2012 JUDICIAL ADMINISTRATION Ch
Page 600 and 601:
Ch 22, p.2 JUDICIAL ADMINISTRATION
Page 602 and 603:
Page 604 and 605:
Page 606 and 607:
Page 608 and 609:
Page 610 and 611:
Page 612 and 613:
Page 614 and 615:
Page 616 and 617:
Page 618 and 619:
Page 621:
July 2009 TIME STANDARDS FOR CASE P
Page 624 and 625:
Ch 23, p.2 TIME STANDARDS FOR CASE
Page 626 and 627:
Page 628 and 629:
Page 631:
June 2010 EXPANDED MEDIA COVERAGE C
Page 634 and 635:
Ch 25, p.2 EXPANDED MEDIA COVERAGE
Page 636 and 637:
Page 638 and 639:
Page 640 and 641:
Page 643:
Page 647:
Page 651: May 2012 ADMISSION TO THE BAR Ch 31
Page 654 and 655: Ch 31, p.2 ADMISSION TO THE BAR May
Page 662 and 663: Ch 31, p.10 ADMISSION TO THE BAR Ma
Page 678 and 679: Ch 32, p.ii RULES OF PROFESSIONAL C
Page 680 and 681: Ch 32, p.2 RULES OF PROFESSIONAL CO
Page 688 and 689: Ch 32, p.10 RULES OF PROFESSIONAL C
Page 750 and 751:
Ch 32, p.72 RULES OF PROFESSIONAL C
Page 752 and 753:
Page 754 and 755:
Page 756 and 757:
Page 758 and 759:
Page 760 and 761:
Page 762 and 763:
Page 764 and 765:
Page 766 and 767:
Page 768 and 769:
Page 771:
July 2009 PROFESSIONAL CONDUCT STAN
Page 774 and 775:
Ch 33, p.2 PROFESSIONAL CONDUCT STA
Page 776 and 777:
Ch 33, p.4 PROFESSIONAL CONDUCT STA
Page 779 and 780:
May 2012 ATTORNEY DISCIPLINARY BOAR
Page 781 and 782:
Page 783 and 784:
Page 785:
Page 789 and 790:
May 2012 ATTORNEY DISCIPLINE AND RE
Page 791 and 792:
Page 793 and 794:
Page 795 and 796:
Page 797 and 798:
Page 799 and 800:
Page 801 and 802:
Page 803 and 804:
Page 805:
Page 809 and 810:
May 2012 RULES OF THE GRIEVANCE COM
Page 811 and 812:
Page 813 and 814:
Page 815:
July 2009 UNAUTHORIZED PRACTICE—C
Page 818 and 819:
Ch 37, p.2 UNAUTHORIZED PRACTICE—
Page 821 and 822:
July 2009 UNAUTHORIZED PRACTICE—R
Page 823:
July 2009 UNAUTHORIZED PRACTICE—R
Page 827 and 828:
May 2012 CLIENT SECURITY COMMISSION
Page 829 and 830:
Page 831 and 832:
Page 833 and 834:
Page 835:
Page 839 and 840:
July 2009 CLIENT SECURITY REGULATIO
Page 841:
May 2012 CONTINUING LEGAL EDUCATION
Page 844 and 845:
Ch 41, p.2 CONTINUING LEGAL EDUCATI
Page 846 and 847:
Page 849:
May 2012 CONTINUING LEGAL EDUCATION
Page 852 and 853:
Page 855:
July 2009 LAWYER TRUST ACCOUNT COMM
Page 858 and 859:
Ch 43, p.2 LAWYER TRUST ACCOUNT COM
Page 861 and 862:
July 2009 LAWYER TRUST ACCOUNT GRAN
Page 863 and 864:
Page 865 and 866:
Page 867 and 868:
Page 869 and 870:
Page 871 and 872:
Page 873 and 874:
Page 875 and 876:
Page 877:
May 2012 CLIENT TRUST ACCOUNT RULES
Page 880 and 881:
Ch 45, p.2 CLIENT TRUST ACCOUNT RUL
Page 882 and 883:
Ch 45, p.4 CLIENT TRUST ACCOUNT RUL
Page 885 and 886:
January 2012 REPORTER EXAMINING BOA
Page 887 and 888:
Page 889:
Page 893 and 894:
September 2009 COURT INTERPRETERS C
Page 895 and 896:
Page 897:
Page 901 and 902:
July 2009 INTERPRETERS’ CODE OF C
Page 903 and 904:
Page 905 and 906:
Page 907:
July 2009 OFFICE OF PROFESSIONAL RE
Page 910 and 911:
Ch 49, p.2 OFFICE OF PROFESSIONAL R
Page 913 and 914:
August 2010 IOWA CODE OF JUDICIAL C
Page 915 and 916:
Page 917 and 918:
Page 919 and 920:
Page 921 and 922:
Page 923 and 924:
Page 925 and 926:
Page 927 and 928:
Page 929 and 930:
Page 931 and 932:
Page 933 and 934:
Page 935 and 936:
Page 937 and 938:
Page 939 and 940:
Page 941 and 942:
Page 943:
July 2009 JUDICIAL QUALIFICATIONS C
Page 946 and 947:
Ch 52, p.2 JUDICIAL QUALIFICATIONS
Page 948 and 949:
Page 950 and 951:
show all

View - State of Iowa

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?