serving those who serve the public professional responsibility & social networking presented...
TRANSCRIPT
Serving those who serve the public
Professional Responsibility& Social Networking
Presented July 16, 2011 by Joe Lauber
Missouri Municipal Attorneys Association
Summer Seminar
Overview of Topics
Client-Lawyer Relationships
Rules 4-1.0 through 4-1.18
Transactions with Non-Clients
Rules 4-4.1 through 4-4.4
Law Firms and Associations
Rules 4-5.1 through 4-5.7
Information about Legal Services
Rules 4-7.1 through 4-7.6
Maintaining the Integrity of the Profession
Rules 4-8.1 through 4-8.5
Client-Lawyer Relationships
Rule 4-1.6 Confidentiality of Information
Info relating to representation
Rule 4-1.7 Conflict of Interest (current client)
Directly adverse Materially limited
Rule 4-1.8 Prohibited Transactions
Use of client information Family relationships
Rule 4-5.5 (Law Firms & Associations)
Unauthorized Practice of Law What is the jurisdiction? Systematic and continuous presence
Client-Lawyer Relationships
Rule 4-1.9 Conflict of Interest (former client)
Same or substantially related matter
Rule 4-1.16 Declining Representation
“Shall” withdraw vs. “may” withdraw
Without material adverse effect
Rule 4-1.18 Duty to Prospective Client
Discussing the possibility of forming a client-lawyer relationship
Interests materially adverse Same or substantially similar
matter
Transactions with Non-Clients
Rule 4-4.1 Truthfulness in Statements to
Others No false statements of material fact Can’t fail to disclose material fact
Rule 4-8.4(c) (Misconduct) No dishonesty, fraud, deceit, or
misrepresentation
Rule 4-4.2 Communication with represented
party Subject of representation Knows to be represented
Rule 4-4.3 Dealing with Unrepresented Parties
Do not state or imply disinterested Reasonable efforts to correct
misunderstanding
Information About Legal Services
Rule 4-7.1 Communications Regarding Services
No false or misleading communication Material misrepresentation of fact or law or omission of
fact Creates unjustified expectation about results No unsubstantiated comparisons
Rule 4-7.2 Advertising
Is social networking covered by “public media”? Keep a copy and record of where and when used for two
years after last dissemination Include the name of at least one lawyer responsible for
content
Rule 4-7.3 Direct Contact with Prospective Clients
No in-person or by live telephone contact unless family or prior professional relationship
Limits on solicitation
Rule 4-7.4 Communicating Fields of Practice
Can communicate fields of law No “specialization”– exceptions
Serving those who serve the public
Municipal Revenue Sources &the Hancock Amendment
Contact Information:Joe LauberLauber Municipal Law, LLC1300 SW Hook RoadLee’s Summit, Missouri 64082(816) [email protected]
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About the FirmI established Lauber Municipal Law, LLC, for the purpose of serving local governmental entities of all types and sizes. I have dedicated my entire career to the representation of municipal clients— I have excelled in my practice as a public law attorney starting with “big firm” experience in the public law practice group at one of Kansas City’s largest law firms, then a practice focused exclusively on Missouri economic development law at the region’s busiest bond firm, before returning to a general municipal practice at a boutique municipal law firm in the Kansas City metro area. I can serve your community as its general counsel (City Attorney) or as special counsel for technical issues like economic development incentive approvals, annexation, elections, impeachments, and appellate work.
My goal through Lauber Municipal Law, LLC, is to meld my previous experience together to provide a high-quality, “big firm” work product, while providing the flexibility, personal responsiveness, and cost effectiveness of a small firm. I completely understand public entities’ needs to obtain the most effective representation possible while considering the fact that these services are compensated from a budget made up of public funds. As the motto for Lauber Municipal Law, LLC, states: I am proud to serve those who serve others. My sincere desire is to make that job easier and less stressful for the elected officials and administrative staffs of these entities.