법조윤리

일반 규칙(연방/다수)

MR 1.18(c) disqualifies the lawyer only if the information could be significantly harmful to the prospective client. Both persons must give informed consent, confirmed in writing.

캘리포니아

CRPC 1.18(c) disqualifies the lawyer if the information is confidential under B&P § 6068(e) and rule 1.6 and is material to the matter. Both persons must give informed written consent.

일반 규칙(연방/다수)

MR 1.2(d) bars counseling or assisting conduct the lawyer knows is criminal or fraudulent. It has no special provision for a conflict between state and federal law.

캘리포니아

CRPC 1.2.1 also bars conduct the lawyer knows violates any law, rule or ruling of a tribunal. Its comment addresses California law that conflicts with federal law, such as state-licensed cannabis. The lawyer may advise on and help with compliance, but must also explain the federal law.

일반 규칙(연방/다수)

MR 1.6(b) lists several permissive exceptions. The lawyer may disclose to prevent reasonably certain death or substantial bodily harm. The lawyer may also disclose to prevent or remedy some client crimes or frauds that use the lawyer’s services, to get ethics advice, or for self-defense.

캘리포니아

Apart from client consent, B&P § 6068(e)(2) and CRPC 1.6(b) allow disclosure only to prevent a criminal act likely to cause death or substantial bodily harm. Before disclosing, if reasonable, the lawyer must try to dissuade the client and tell the client of the decision to disclose (CRPC 1.6(c)).