Topic: Government lawyer doing consulting work for private company Digest: A government agency lawyer, doing work on behalf of the government in connection with a software contract between the agency and a private company, may not also work as a consultant to the private company to help it provide such software to other agencies unless … Continued

Topic: Limited scope representation in criminal cases Digest: A law firm may not enter into a retainer agreement in a criminal matter limiting the scope of the firm’s services to pretrial work unless (i) the limitation is reasonable under the circumstances, (ii) the client gives informed consent, and (iii) the limitation is not prejudicial to … Continued

Topic: Frivolous arguments to a court; withdrawal. Digest: A lawyer is ethically prohibited from presenting a frivolous argument to a court. If the lawyer cannot find a non-frivolous basis on which to proceed with a client’s motion and the client persists on putting before the court arguments the lawyer believes to be frivolous, the lawyer … Continued

Topic: Lawyer paying for recommendation Digest: A lawyer may not participate in an internet lawyer-client matching service that vouches for the lawyer’s credentials, competence and effectiveness, and recommends the lawyer as the “best lawyer” for the needs of the potential client. Rules: 5.4(a), 7.1(a), 7.2(a) FACTS: 1. The inquirer is a lawyer who wishes to … Continued

Topic: Public Defender’s Obligation as to Closed Files and Transfer of Files upon De-Funding of Program Digest: Absent the client’s informed consent, a public defender may not deliver open or closed client files to the assigned counsel program. Rather, the public defender’s office must facilitate the transfer of open client matters to the client or … Continued