ETHICS AND THE LAWYERS OF JOHN GRISHAM

A)       Solicitation

            Rule 7.3: Direct Contact with Prospective Clients

            (a)       A lawyer shall not solicit, by any form of direct contact, in-person or otherwise, professional employment from a prospective client with whom the lawyer has no family or prior professional relationship when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain.

            (1)       The Rainmaker:

B)        Confidentiality

            Rule 1.6: Confidentiality of Information

            (a)       A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph (b).

            (b)       A lawyer may reveal such information to the extent the lawyer reasonably believes necessary:

                        (1)       to prevent the client from committing a criminal act . . . .

            (1)       A Time to Kill:                        (a)

                                                                        (b)

                                                                        (c)

            (2)       The Pelican Brief:

            (3)       The Firm:                               (a)

                                                                        (b)

C)       Taping Conversations

            Rule 4.4:         Respect for Rights of Third Persons

In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

            Rule 8.4:         Misconduct

            It is professional misconduct for a lawyer to . . . .

                        B)        commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

                        C)        engage in conduct involving dishonesty, fraud, deceit or misrepresentation . . . .

            (1)       The Client:                  (a)

                                                            (b)

            (2)       The Rainmaker:          (a)

                                                            (b)

D)       The Obligation to Prevent Fraud on the Court

            Rule 3.3: Candor Toward the Tribunal

            (a)       A lawyer shall not knowingly . . . .

                        (4)       offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.

            (1)       The Client:

E)        Wills, Lawyers and Beneficiaries

            Rule 1.2(a): Scope of Representation

A lawyer shall abide by a client’s decisions concerning the objectives of representation . . .

            Rule 1.8(c): Conflict of Interest: Prohibited Transactions

A lawyer shall not prepare an instrument giving the lawyer or a person related to the lawyer as parent, child, sibling, or spouse any substantial gift from a client, including a testamentary gift, except where the client is related to the donee.

            (1)       The Rainmaker:

F)       Attorney - Client Relationship

Rule 1.1: Competence

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

            Rule 1.2(a): Scope of Representation

A lawyer shall abide by a client’s decisions concerning the objectives of representation . . .

            Rule 1.7(b): Conflict of Interests: General Rule

A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s own interests, unless: . . . .

            (1)       The Chamber:

G)      Fees

Rule 1.5(a): A lawyer’s fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following: . . . .

            (1)       The Firm:

H)       Advice for Young Lawyers

            Preamble, A Lawyer’s Responsibilities

            ¶6        . . . . 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        . . . . Within the framework of these Rules many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules . . . .

            Scope

            ¶2        . . . . The rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law . . . .

            (1)       The Rainmaker:

Howard W. Brill

Fall Judicial College

October 21, 2004

CLE disk#1