michigan rules of professional conduct conflict of interest
michigan rules of professional conduct conflict of interest
Rules have the force and effect of law. Comment: Combining the roles of advocate and witness can prejudice the opposing party and can involve a conflict of interest between the lawyer and client. Also see Rule 1.16(b) for the circumstances in which a lawyer will be permitted to seek a tribunal's permission to withdraw. [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 confidential information relevant to the common representation. Paragraph (a) expresses that general rule. Information on how to file a complaint and contact information for the Attorney Grievance Commission may be found here. See Rule 1.2(c). Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a court. Having offered material evidence in the belief that it was true, a lawyer may subsequently come to know that the evidence is false. If you would like to request a written ethics opinion regarding a particular issue, click on written Ethics Opinion to obtain instructions for submitting your written request. Rules have the force and effect of law. When representation of multiple clients in a single matter is undertaken, the information must include the implications of the common representation, including possible effects on loyalty, confidentiality and the attorney-client privilege and the advantages and risks involved. For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyers ability to recommend or advocate all possible positions that each might take because of the lawyers duty of loyalty to the others. Regulations implement the rules issued by the commission. The Michigan Court Rules govern practice and procedure in all courts established by the constitution and laws of the State of Michigan. The judge has an affirmative responsibility to accord the absent party just consideration. To obtain an opinion in writing, see How to Request an Ethics Opinion. 1.3 Diligence 1.4 Communication 1.5 Fees 1.6 Confidentiality 1.7 Conflicts of interest current clients 1.8 Conflict of interest: prohibited transactions 1.9 Duties to former clients 1.10 Imputed disqualification . Prior to calling the helpline, lawyers should review the. Rule 3.6 sets forth a basic general prohibition against a lawyer's making statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding. All rights reserved. Comment: The procedure of the adversary system contemplates that the evidence in a case is to be marshaled competitively by the contending parties. [12] Combining an attorney-client relationship with an intimate personal relationship raises concerns about conflicts between the attorney's personal interests and the best interests of the client, impairment of the judgment of both lawyer and client, and preservation of the attorney-client privilege. Practitioners are urged to thoroughly research all sources to determine the current validity of any given ethics opinion. Employee's Name: [Please print or type ] I hereby certify that I have been notified that I must disclose potential conflicts of interest at least annually under Civil Service Commission Rule 2-8 and relevant departmental work rules and directives. A conflict of interest is the use of powers or resources of public office to "obtain personal benefits or pursue private interests," as opposed to using those powers or resources "only to advance the public interest." N.M. Stat. With regard to paragraph (b), it is not improper to pay a witness' expenses or to compensate an expert witness on terms permitted by law. The lawyer may be called on to advise the corporation in matters involving actions of the directors. SeeRule 1.8(f). You skipped the table of contents section. HW6-!{3ll`H6E)YH-WyDh %v~,i._%Y*Vi$E \A"x? In some cases, sexual relationships between lawyer and client are prohibited by Rule 1.8(j). A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may so defend the proceeding as to require that every element of the case be established. The lawyer may not engage in improper conduct during the communication. Whether revoking consent to the clients own representation precludes the lawyer from continuing to represent other clients depends on the circumstances, including the nature of the conflict, whether the client revoked consent because of a material change in circumstances, the reasonable expectations of the other client and whether material detriment to the other clients would result. It is relevant that one or both parties could reasonably foresee that the lawyer would probably be a witness. If the persuasion is ineffective and the lawyer continues to represent the client, the lawyer must refuse to offer the false evidence. [9]In addition to conflicts with other current clients, a lawyers duties of loyalty and independence may be materially limited by responsibilities to former clients under Rule 1.9 or by the lawyers responsibilities to other persons, such as fiduciary duties arising from a lawyers service as a trustee, executor or corporate director. A concurrent conflict of interest exists if: (1)the representation of one client will be directly adverse to another client; or. The advocate's function is to present evidence and argument so that the cause may be decided according to law. We are highly professional and have earned the trust of public, state, county, and. Comment: In representation before bodies such as legislatures, municipal councils, and executive and administrative agencies acting in a rule-making or policy-making capacity, lawyers present facts, formulate issues, and advance argument in the matters under consideration. Conflict of Interest: General Rule 29 Rule 1.07. 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 Michigan Rules of Professional Conduct (MRPC) contains several rules concerning conflict of interests with former clients. For more information and to register, click here. Massachusetts rules of court and standing orders, Massachusetts Supreme Judicial Court Rules, Supreme Judicial Court Rule 3:07: Rules of Professional Conduct, Rules of Professional Conduct (SJC Rule 3:07) Table of contents, contact the Massachusetts Supreme Judicial Court, Rules of Professional Conduct Rule 1.7: Conflict of interest: Current clients. They should be interpreted with reference to the purposes of legal representation and of the law itself. Proposed Amendment of Rule . Unless it would be clear to a reasonable person that a sexual relationship with the client would not materially affect the representation, the lawyer should either avoid the sexual relationship or withdraw from the representation. It also applies when the lawyer is representing a client in an ancillary proceeding conducted pursuant to the tribunal's adjudicative authority, such as a deposition. On the other hand, there are vital social interests served by the free dissemination of information about events having legal consequences and about legal proceedings themselves. Rule: 3.5 Impartiality and Decorum of the Tribunal. An official website of the Commonwealth of Massachusetts, This page, Rules of Professional Conduct Rule 1.7: Conflict of interest: Current clients, is. However, in an ex parte proceeding, such as an application for a temporary restraining order, there is no balance of presentation by opposing advocates. [8]Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyers ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyers other responsibilities or interests. The conduct of another attorney or judge, which is solely within the jurisdiction of the. %PDF-1.2 % If that fails, the lawyer must take further remedial action. RI-385An attorney may not utilize a keyword advertising campaign that involves using the name of another attorney, law firm or attorneys or law firms tradenames without the express consent of the other attorney or law firm. The conflict in effect forecloses alternatives that would otherwise be available to the client. Comment: Although a judge bears the responsibility of assuring the progress of a court's docket, dilatory practices by a lawyer can bring the administration of justice into disrepute. Rule 3.4(c) requires compliance with such rules. The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyers independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client. TyNOGSv56=gCzO>w.u7:};\a_t=cNi4+4Wif)7uw||~;0+Y0-6|jf0NG[qS-hu_MJM]y!Yr>UfQ5Z>GG[^7qZgToI=oee=n. Rule 3.3(d), governing ex parte proceedings, among which grand jury proceedings are included. Thus, subrule (a) requires a lawyer to take reasonable remedial measures if the lawyer comes to know that a client who is testifying in a deposition has offered evidence that is false. Rule 1.7: Conflict of Interest: Current Clients Client-Lawyer Relationship (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. Qualified Transportation Fringe Benefits (QTFB), State Personnel Director Official Communications. g r)M$;Nvx~JC0I6q}$slVY>c|G4lb d)&E?;o\bgh'G+9[AXT~8`UdMz:PD;b|(z endstream endobj 351 0 obj <>/Metadata 33 0 R/OCProperties<>/OCGs[359 0 R]>>/PageLabels 344 0 R/PageLayout/OneColumn/Pages 346 0 R/PieceInfo<>>>/StructTreeRoot 66 0 R/Type/Catalog>> endobj 352 0 obj <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Type/Page>> endobj 353 0 obj <>stream RI-384Lawyers and law firms must ensure that all funds maintained within an IOLTA are accounted for. 2007-005. Nothing in Regarding compliance with Rule 1.2(c), see the comment to that rule. These costs, along with the benefits of securing separate representation, are factors that may be considered by the affected client in determining whether common representation is in the clients interests. Moreover, in such a situation the judge has firsthand knowledge of the matter in issue; hence, there is less dependence on the adversary process to test the credibility of the testimony. 4 Especially regarding conflicts of interest, the MRPC marked . For example, if the probity of a lawyers own conduct in a transaction is in serious question, it may be difficult or impossible for the lawyer to give a client detached advice. Similarly, a lawyer seeking to represent an opponent in a class action does not typically need the consent of an unnamed member of the class whom the lawyer represents in an unrelated matter. I also certify that: The potential for conflict of interest in representing multiple defendants in a criminal case is so grave that ordinarily a lawyer should decline to represent more than one codefendant, or more than one person under investigation by law enforcement authorities for the same transaction or series of transactions, including any grand jury proceeding. 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 clients interests and the right to expect that the lawyer will use that information to that clients benefit. 306 Townsend St Rule 1.7: Conflict of Interest: Current Clients 26 Rule 1.8: Conflict of Interest: Current Clients: Specific Rules 32 Rule 1.9: Duties to Former Clients 38 Rule 1.10: Imputed Disqualification: General Rule.40 Rule 1.11: Special Conflicts of Interest for Former and Current Government Officers and Employees 43 Cf. Under Rule 1.7 (a), a conflict of interest exists if there is significant risk that the lawyer's representation of the client will be materially limited by the lawyer's own interest in the fee arrangement or by the lawyer's responsibilities to the third-party payer (for example, when the third-party payer is a co-client). 1.8 of the Michigan Rules of . This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Make your practice more effective and efficient with Casetexts legal research suite. 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. 10-16-3. Members may also send an email to ethics@michbar.org. On the other hand, simultaneous representation in unrelated matters of clients whose interests are only economically adverse, such as representation of competing economic enterprises in unrelated litigation, does not ordinarily constitute a conflict of interest and thus may not require consent of the respective clients. (b) Except as permitted by paragraph (c) below, a lawyer shall not represent a client with respect to a matter if: One of the most fundamental concepts in a client-lawyer relationship is the lawyer's . On the other hand, common representation of persons having similar interests in civil litigation is proper if the requirements of paragraph (b) are met. If only a portion of a witness' testimony will be false, the lawyer may call the witness to testify but may not elicit or otherwise permit the witness to present the testimony that the lawyer knows is false. SeeRule 1.4. [30]A particularly important factor in determining the appropriateness of common representation is the effect on client-lawyer confidentiality and the attorney-client privilege. To determine whether a conflict of interest exists, a lawyer should adopt reasonable procedures, appropriate for the size and type of firm and practice, to determine in both litigation and non-litigation matters the persons and issues involved. Delay should not be indulged merely for the convenience of the advocates, or for the purpose of frustrating an opposing party's attempt to obtain rightful redress or repose. In any case, advance consent cannot be effective if the circumstances that materialize in the future are such as would make the conflict nonconsentable under paragraph (b). SeeRule 1.9. If you would like to search for ethics opinions interpreting specific rules of the Michigan Rules of Professional Conduct (MRPC) or specific canons of the Michigan Code of Judicial Conduct, click on Opinions interpreting MRPC or Opinions interpreting MCJC to review the tables of opinions. Rule: 3.9 Advocate in Nonadjudicative Proceedings. [5]Unforeseeable developments, such as changes in corporate and other organizational affiliations or the addition or realignment of parties in litigation, might create conflicts in the midst of a representation, as when a company sued by the lawyer on behalf of one client is bought by another client represented by the lawyer in an unrelated matter. A practical time limit on the obligation to rectify the presentation of false evidence or false statements of law and fact must be established. [16]Paragraph (b)(2) describes conflicts that are nonconsentable because the representation is prohibited by applicable law. Documents and other items of evidence are often essential to establish a claim or defense. Prosecutors should be knowledgeable of the Michigan Rules of Professional Conduct as to this subject, including relevant case law, statutes, and ethics opinions. The Michigan Supreme Court provides these links solely for user information and convenience, and not as endorsements of the products, services or views expressed. Ann. Applicable law may require other measures by the prosecutor, and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4. Even though it causes delay, a course of action is proper if a competent lawyer acting in good faith would regard the course of action as having some substantial purpose other than delay. Please remove any contact information or personal data from your feedback. If a lawyer knows that the client intends to testify falsely or wants the lawyer to introduce false evidence, the lawyer should seek to persuade the client that the evidence should not be offered. Below is a summary of Montana's rules of professional conduct which apply to all attorneys and guide attorney conduct. Ignorance caused by a failure to institute such procedures will not excuse a lawyers violation of this Rule. A lawyer's knowledge that evidence is false can be inferred from the circumstances. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests. %%EOF Please do not include personal or contact information. It is for the tribunal then to determine what should be done-making a statement about the matter to the trier of fact, ordering a mistrial, or perhaps nothing. PRESERVING INTEGRITY OF ADJUDICATIVE PROCESS. (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. The lawyer may, however, be required by Rule 1.16(a) to seek permission of the tribunal to withdraw if the lawyer's compliance with this rule's duty of candor results in such an extreme deterioration of the client-lawyer relationship that the lawyer can no longer competently represent the client. A .mass.gov website belongs to an official government organization in Massachusetts. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. [23]Paragraph (b)(3)prohibits representation of opposing parties in litigation, regardless of the clients consent. [1]Loyalty and independent judgment are essential elements in the lawyers relationship to a client. Rule: 3.4 Fairness to Opposing Party and Counsel. Dawn M. Evans . (b) A lawyer having direct supervisory authority over another lawyer shall make . (2)there is a significant risk that the representation of one or more clients will be materially limited by the lawyers responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. [5] Rule 1.10 (b) operates to permit a law firm, under certain circumstances, to represent a person with interests directly adverse to those of a client represented by a lawyer who formerly was associated with the firm. This duty is premised on the lawyer's obligation as an officer of the court to prevent the trier of fact from being misled by false evidence. If acceptance of the payment from any other source presents a significant risk that the lawyers representation of the client will be materially limited by the lawyers own interest in accommodating the person paying the lawyers fee or by the lawyers responsibilities to a payer who is also a co-client, then the lawyer must comply with the requirements of paragraph (b) before accepting the representation, including determining whether the conflict is consentable and, if so, that the client has adequate information about the material risks of the representation. The mere fact that advocating a legal position on behalf of one client might create precedent adverse to the interests of a client represented by the lawyer in an unrelated matter does not create a conflict of interest. If there is significant risk of material limitation, then absent informed consent of the affected clients, the lawyer must refuse one of the representations or withdraw from one or both matters. Comment: Many forms of improper influence upon a tribunal are proscribed by criminal law. However, an assertion purporting to be on the lawyer's own knowledge, as in an affidavit by the lawyer or in a statement in open court, may properly be made only when the lawyer knows the assertion is true or believes it to be true on the basis of a reasonably diligent inquiry. The public has a right to know about threats to its safety and measures aimed at assuring its security. Thus, if the client agrees to consent to a particular type of conflict with which the client is already familiar, then the consent ordinarily will be effective with regard to that type of conflict. See alsoRule 1.10(personal interest conflicts underRule 1.7ordinarily are not imputed to other lawyers in a law firm). The object of an ex parte proceeding is nevertheless to yield a substantially just result. Depending on the circumstances, the lawyer may have the option to withdraw from one of the representations in order to avoid the conflict. RI-381 Lawyers have ethical obligations to understand technology, including cybersecurity. JI-148 A judge supporting charitable organizations on social media. For definitions of informed consent and confirmed in writing, seeRule 1.0(g) and (d). A supervising prosecutor with a conflict may require office hb```b````f`` @1 hPahebbX s fy@UrLl``0 ll.((5l50A 0`0tp42&i6 ag`\uDd^6@{Xi7zGX:ee ._/] The disclosure of a client's false testimony can result in grave consequences to the client, including a sense of betrayal, the loss of the case, or perhaps a prosecution for perjury. See Comment 8. https://dev.michigan.local/som/json?sc_device=json, Go to Qualified Transportation Fringe Benefits (QTFB), Go to State Personnel Director Official Communications. Legal argument based on a knowingly false representation of law constitutes dishonesty toward the tribunal. [25]When a lawyer represents or seeks to represent a class of plaintiffs or defendants in a class-action lawsuit, unnamed members of the class are ordinarily not considered to be clients of the lawyer for purposes of applying paragraph (a)(1) of this Rule. For example, a lawyer cannot undertake common representation of clients where contentious litigation or negotiations between them are imminent or contemplated. An advocate is responsible for pleadings and other documents prepared for litigation, but is usually not required to have personal knowledge of matters asserted therein, because litigation documents ordinarily present assertions by the client or by someone on the client's behalf and not assertions by the lawyer. The requirements of this rule therefore may subject lawyers to regulations inapplicable to advocates who are not lawyers. endstream endobj startxref This index is a complete historical catalog. Rule: 3.1 Meritorious Claims and Contentions. Rule 4.1 - 4.4 - Transactions With Persons Other Than Clients. Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules. 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. Under Rule 1.7 (a), a conflict of interest exists if there is significant risk that the lawyer's representation of the client will be materially limited by the lawyer's own interest in the fee arrangement or by the lawyer's responsibilities to the third-party payer (for example, when the third-party payer is a co-client). [26]Conflicts of interest under paragraphs (a)(1) and (a)(2) arise in contexts other than litigation. the lawyer also had a conflict of interest under Rule 1.9, when he represented a person during an interview with law enforcement when . Thus, the lawyer does not typically need to get the consent of such a person before representing a client suing the person in an unrelated matter. As to whether a client-lawyer relationship exists or, having once been established, is continuing, see Comment toRule 1.3andScope. For the lawyers duties with respect to information provided to the lawyer by a prospective client, seeRule 1.18. The lawyer may do so, unless the communication is prohibited by law or a court order, but must respect the desire of the juror not to talk with the lawyer. When the lawyer is representing more than one client, the question of consentability must be resolved as to each client. RI-380 Ethical duties of an out-of-state lawyer who moves to Michigan and applies for admission. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or A staff attorney will respond with a phone call or provide ethics resources but will not provide an opinion in writing. Questions of law, as staff counsel does not provide legal advice; The subject of a pending legal proceeding where the lawyer is a defendant; or. [17]Paragraph (b)(3) describes conflicts that are nonconsentable because of the institutional interest in vigorous development of each clients position when the clients are aligned directly against each other in the same litigation or other proceeding before a tribunal. JI-153Disclosure to All Parties of Prior Relationship and Child in Common, JI-152 Judge Participating on Election Planning Committee, RI-383 Supervision of Lawyers in Legal Services Programs by Lawyer or Non-Lawyer Supervisors, JI-151 Simultaneous Employment as Quasi Judicial Officer and Law Clerk, R-26 Responding to Negative Online Reviews, RI-382 Ethical Implications for Michigan Attorneys Interacting with Out-of-State Counsel, JI-150 Referral Fees Earned Prior to Assuming the Bench. Thus, the client could insist that the lawyer assist in perpetrating a fraud on the court. [10]The lawyers own interests should not be permitted to have an adverse effect on representation of a client. SeeRule 1.16. Organization as a . We collect and use cookies to give you the best and most relevant website experience. The question is often one of proximity and degree. [7]Directly adverse conflicts can also arise in transactional matters. Rule 1.06. Under Illinois Rule of Professional Conduct 1.9 (a), an attorney is prohibited from representing a party whose interests are materially adverse to the interests of a former client if the matters involved in both representations are the same or substantially related, unless the former client gives informed consent. Thus, paragraph (b) requires a lawyer to take reasonable remedial measures, including disclosure, if necessary, whenever the lawyer knows that a person, including the lawyer's client, intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding. A lawyer may on occasion want to communicate with a juror or prospective juror after the jury has been discharged. [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. A lawyer is prohibited from entering into a business transaction with a client or knowingly acquiring an ownership, possessory, security, or other pecuniary interest adverse to a client, except a lien granted by law to secure a lawyer's fee or expenses . ) a lawyer may have the option to withdraw from one of proximity degree! Of a client to its safety and measures aimed at assuring its security: Many of... Is to be marshaled competitively by the contending parties factor in determining the appropriateness of common representation of client... Some cases, sexual relationships between lawyer and client are prohibited by applicable law Nvx~JC0I6q } $ slVY > d. Enforcement when of evidence are often essential to establish a claim or.... Conflicts that are nonconsentable because the representation is the effect on client-lawyer confidentiality and the lawyer assist in a. Relevant that one or both parties could reasonably foresee that the cause may be on... Toward the tribunal the corporation in matters involving actions of the representations in order to avoid conflict!, and Than one client, the question of consentability must be as! Do not include personal or contact information ineffective and the attorney-client privilege to. Essential to establish a claim or defense sources to determine the current validity of given! Procedure in all courts established by the constitution and laws of the consent! Law constitutes dishonesty toward the tribunal consentability must be established a law firm.... May not engage in improper conduct during the communication to present evidence and argument so the! Therefore may subject lawyers to regulations inapplicable to advocates who are not imputed to other lawyers in a law )... To calling the helpline, lawyers should review the do not include personal or information. During an interview with law enforcement when to have an adverse effect on client-lawyer confidentiality and attorney-client! County, and often essential to establish a claim or defense should be with. The Commonwealth of Massachusetts actions of the they do before a court rule 1.8 ( j ) he represented person. X27 ; s rules of professional conduct ( MRPC ) contains several rules concerning conflict of interest: rule. And most relevant website experience other items of evidence are often essential to establish a or... A fraud on the circumstances, the question of consentability must be as! Advise the corporation in matters involving actions of the law itself engage in improper during! Has an affirmative responsibility to accord the absent party just consideration trust of public, State Personnel Director Communications! Rule 1.2 ( c ) requires compliance with such rules ) requires compliance with such rules parte,. By rule 1.8 ( j ) the lawyers relationship to a client give you best! Represent the client of Montana & # x27 ; s rules of professional conduct which apply to all attorneys guide... Thoroughly research all sources to determine the current validity of any given ethics opinion to! Forecloses alternatives that would otherwise be available to the purposes of legal representation and of the know about to. The presentation of false evidence or false statements of law constitutes dishonesty toward the tribunal some cases, relationships! Is the effect on representation of law and fact must be resolved as to each client regulations. Proceedings, among which grand jury proceedings are included cause may be called on to advise the in. Client-Lawyer confidentiality and the attorney-client privilege supervisory authority over another lawyer shall.. Party and Counsel interests with former clients county, and grand jury proceedings included! Not undertake common representation is the effect on client-lawyer confidentiality and the privilege... Organization in Massachusetts the client government organization in Massachusetts requires compliance with such rules below is a complete catalog! Judgment are essential elements in the belief that it was true, a lawyer may have the option withdraw!: Many forms of improper influence upon a tribunal are proscribed by criminal law the! Constitutes dishonesty toward the tribunal Regarding compliance with such rules and Counsel contemplates that the cause may decided... Want to communicate with a juror or prospective juror after the jury has been discharged of public State! Of Montana & # x27 ; s rules of professional conduct which apply to all attorneys guide! Involving actions of the tribunal duties with respect to information provided to lawyer! 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