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876 KB
Extraction Summary
7
People
1
Organizations
2
Locations
0
Events
2
Relationships
8
Quotes
Document Information
Type:
Legal document
File Size:
876 KB
Summary
This document is a page from a legal filing, specifically from case 1:20-cr-00330-AJN, filed on April 16, 2021. It outlines several of the Florida Bar’s Rules of Professional Conduct (FRPC) that are applicable to attorneys practicing before the court. The page details the rules for Competence (FRPC 4-1.1), Diligence (FRPC 4-1.3), and Candor in Dealing with Others (FRPC 4-4.1), providing explanations and context from the official comments to these rules.
People (7)
| Name | Role | Context |
|---|---|---|
| lawyer | Legal Professional |
Mentioned throughout as the subject of professional conduct rules regarding competence, diligence, and candor.
|
| client | Recipient of Legal Services |
Mentioned as the party a lawyer represents and owes duties of competence and diligence to.
|
| general practitioner | Type of Lawyer |
Mentioned as a baseline for required proficiency in many instances.
|
| government attorneys | Government Lawyer |
Mentioned in a footnote as being subject to state laws and court rules.
|
| federal prosecutor | Government Lawyer |
Mentioned in a footnote as representing the people of the United States rather than an individual client.
|
| U.S. Attorney | Government Lawyer |
Mentioned in a footnote citation regarding duties.
|
| Attorney General | Government Official |
Mentioned in a footnote citation as representing the United States in legal matters.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Florida Bar | Professional Association |
Mentioned as the source of the Rules of Professional Conduct (FRPC) that attorneys practicing before the court are su...
|
Locations (2)
| Location | Context |
|---|---|
|
Implicitly mentioned through the 'Florida Bar's Rules of Professional Conduct'.
|
|
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Mentioned in footnotes as the entity represented by the federal prosecutor and the Attorney General.
|
Relationships (2)
The document outlines the lawyer's duties of competence (FRPC 4-1.1), diligence (FRPC 4-1.3), and candor (FRPC 4-4.1) owed to or in the course of representing a client.
A footnote states that the federal prosecutor's 'client' is not an individual but rather the people of the United States.
Key Quotes (8)
"the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field in question, the preparation and study the lawyer is able to give the matter, and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field."Source
— Comment to FRPC 4-1.1
(Listing factors relevant to determining a lawyer's competence.)
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Quote #1
"[i]n many instances the required proficiency is that of a general practitioner."Source
— Comment to FRPC 4-1.1
(Describing the standard of competence required.)
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Quote #2
"[t]he required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more extensive treatment than matters of lesser complexity and consequence."Source
— Comment to Rule 4-1.1
(Explaining how the stakes of a matter affect the required level of competence.)
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Quote #3
"A lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor."Source
— Comment to FRPC 4-1.3
(Explaining the duty of diligence.)
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Quote #4
"zeal"Source
— Comment to FRPC 4-1.3
(Describing the required level of advocacy for a client.)
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Quote #5
"to press for every advantage that might be realized for a client."Source
— Comment to FRPC 4-1.3
(Stating what a lawyer is not required to do, despite the duty of zealous advocacy.)
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Quote #6
"[m]isrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements,"Source
— Comment to FRPC 4-4.1
(Explaining what constitutes a misrepresentation under the rule of candor.)
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Quote #7
"[w]hether a particular statement should be regarded as one of fact can depend on the circumstances."Source
— Comment to FRPC 4-4.1
(Clarifying how to determine if a statement is one of fact.)
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Quote #8
Full Extracted Text
Complete text extracted from the document (3,312 characters)
Case 22-1426, Document 77, 06/29/2023, 3536038, Page158 of 258
SA-156
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 156 of 348
SA-156
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 156 of 348
is subject to all rules of the court.199 Attorney Admission Rule 6(b)(2)(A) makes clear that attorneys practicing before the court are subject to the Florida Bar’s Rules of Professional Conduct (FRPC). Moreover, the choice-of-law provisions contained within the relevant state’s rules of professional conduct make the FRPC applicable to their conduct.
1. FRPC 4-1.1 – Competence
FRPC 4-1.1 requires that a lawyer provide competent representation to a client.200 Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. A comment to the rule clarifies that the factors relevant to determining a lawyer’s competence to handle a particular matter include “the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field in question, the preparation and study the lawyer is able to give the matter, and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field.” The comment further notes that “[i]n many instances the required proficiency is that of a general practitioner.” With respect to particular matters, competence requires inquiry into and analysis of the factual and legal elements of the problem. The comment to Rule 4-1.1 explains that “[t]he required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more extensive treatment than matters of lesser complexity and consequence.”
2. FRPC 4-1.3 – Diligence
FRPC 4-1.3 specifies that a lawyer should act with reasonable diligence and promptness in representing a client. A comment to this rule explains, “A lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor.” A lawyer must exercise “zeal” in advocating for the client, but is not required “to press for every advantage that might be realized for a client.”
3. FRPC 4-4.1 – Candor in Dealing with Others
FRPC 4-4.1 prohibits a lawyer from knowingly making a false statement of material fact or law to a third person during the course of representation of a client. A comment to this rule explains that “[m]isrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements,” and “[w]hether a particular statement should be regarded as one of fact can depend on the circumstances.”
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199 See also 28 U.S.C. § 530B(a), providing that government attorneys are subject to state laws and state and local federal court rules governing attorneys in each state where the government attorney engages in his duties.
199 See also 28 U.S.C. § 530B(a), providing that government attorneys are subject to state laws and state and local federal court rules governing attorneys in each state where the government attorney engages in his duties.
200 The federal prosecutor does not have an individual “client,” but rather represents the people of the United States. See generally 28 U.S.C. § 547 (duties of U.S. Attorney); 28 C.F.R. § 0.5(b) (the Attorney General represents the United States in legal matters).
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