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Professional Responsibility & Social Networking

Professional Responsibility & Social Networking. Presented July 16, 2011 by Joe Lauber Missouri Municipal Attorneys Association Summer Seminar. Serving those who serve the public. Overview of Topics. Client-Lawyer Relationships Rules 4-1.0 through 4-1.18 Transactions with Non-Clients

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Professional Responsibility & Social Networking

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  1. Professional Responsibility& Social Networking Presented July 16, 2011 by Joe Lauber Missouri Municipal Attorneys AssociationSummer Seminar Serving those who serve the public

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Municipal Revenue Sources &the Hancock Amendment Contact Information: Joe Lauber Lauber Municipal Law, LLC 1300 SW Hook Road Lee’s Summit, Missouri 64082 (816) 525-7881 jlauber@laubermunicipal.com Scan with your smart phone QR reader Serving those who serve the public

  8. About the Firm I 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.

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