MPRE Subject Outline

The MPRE tests your knowledge and understanding of the ethical rules and professional standards that govern lawyers and judges in the United States. The exam is based primarily on the ABA Model Rules of Professional Conduct, the ABA Model Code of Judicial Conduct, and generally accepted principles derived from federal and state case law. The following outline summarizes the major subject areas tested on the MPRE and the approximate percentage of questions that may appear from each topic.

I. REGULATION OF THE LEGAL PROFESSION (6–12%)

A. Powers of Courts and Other Bodies to Regulate Lawyers
Courts, especially state supreme courts, hold the inherent power to regulate lawyers. While legislatures can pass laws that affect attorneys, the judiciary has ultimate authority over who can practice law, how lawyers are disciplined, and what ethical rules govern the profession. The ABA Model Rules serve as a national model, but each state adopts its own version.

B. Admission to the Profession
To be admitted to the bar, an applicant must demonstrate good moral character and fitness, pass the bar examination, and meet all state-specific requirements. States may impose reasonable admission requirements but cannot discriminate based on race, religion, or national origin. Residency requirements have been struck down as unconstitutional, and lawyers admitted in one state may seek admission in another through reciprocity or the UBE score transfer process.

C. Regulation After Admission — Lawyer Discipline
Once admitted, lawyers remain subject to ongoing oversight by state disciplinary authorities. Misconduct can result in sanctions ranging from a private reprimand to disbarment. Discipline is triggered by violations of the state's rules of professional conduct, and lawyers can be disciplined in any jurisdiction where they are licensed, even for conduct that occurred in another state.

D. Mandatory and Permissive Reporting of Professional Misconduct
Under Model Rule 8.3, a lawyer who knows that another lawyer has committed a violation that raises a substantial question about that lawyer's honesty, trustworthiness, or fitness must report it to the appropriate disciplinary authority. However, a lawyer is not required to report if the information is protected by confidentiality obligations to a client. Reporting of judicial misconduct follows a similar structure.

E. Unauthorized Practice of Law: By Lawyers and Nonlawyers
Only licensed attorneys may practice law, and both lawyers and nonlawyers can be subject to unauthorized practice rules. A lawyer who is not admitted in a jurisdiction cannot simply begin practicing there without authorization. Nonlawyers, such as document preparers or legal tech companies, may not provide legal advice or perform legal services traditionally reserved for licensed attorneys. Lawyers also cannot assist nonlawyers in the unauthorized practice of law.

F. Multijurisdictional Practice
A lawyer admitted in one state may temporarily practice in another state under certain conditions, such as associating with local counsel, being authorized by federal law, or handling matters reasonably related to their home state practice. However, a lawyer cannot establish a permanent office or hold themselves out as admitted in a state where they are not licensed. Pro hac vice admission allows temporary court appearances in a foreign jurisdiction with the court's permission.

G. Fee Division with a Nonlawyer
Lawyers are generally prohibited from sharing legal fees with nonlawyers. This rule protects the independence of the legal profession and prevents nonlawyers from having a financial stake in legal matters. Exceptions exist for paying employee benefits to a nonlawyer employee, purchasing a deceased lawyer's practice, and court-awarded fees shared with a nonprofit organization. The rule does not prohibit paying nonlawyers a salary or bonus unconnected to specific fees.

H. Law Firm and Other Forms of Practice
Lawyers may practice in various settings including solo practice, law firms, government agencies, corporations, and nonprofit organizations. They may not, however, form a partnership with a nonlawyer if any part of the practice involves the practice of law. Nonlawyers also cannot own or control a law firm, although some jurisdictions are beginning to explore limited exceptions to this rule.

I. Responsibilities of Partners, Managers, Supervisory and Subordinate Lawyers
Partners and managing lawyers have a duty to establish reasonable policies and procedures to ensure that all lawyers in the firm comply with the rules of professional conduct. A supervisory lawyer is responsible for the conduct of a subordinate if they order the conduct, ratify it, or fail to take reasonable remedial action when they know of it. A subordinate lawyer is not excused from misconduct simply because they were following a supervisor's instructions, unless the matter involved a reasonable resolution of an arguable question of professional duty.

J. Restrictions on Right to Practice
A lawyer generally cannot enter into an agreement that restricts their right to practice law after leaving a firm. Non-compete clauses in law firm partnership or employment agreements are prohibited because they interfere with clients' freedom to choose their counsel. The only recognized exceptions are agreements incident to the sale of a law practice, and certain retirement benefit agreements.

II. THE CLIENT-LAWYER RELATIONSHIP (10–16%)

A. Formation of the Client-Lawyer Relationship
A client-lawyer relationship is formed when a person reasonably believes that a lawyer has agreed to provide legal services, even if no formal agreement or fee arrangement exists. A lawyer may decline to represent someone but must be careful not to create a reasonable expectation of representation through their words or conduct. Once formed, the relationship carries significant duties of loyalty, confidentiality, and competence.

B. Scope, Objective, and Means of the Representation
The client controls the objectives of the representation, what outcome they want, while the lawyer controls the means by which those objectives are pursued. Within those roles, the lawyer has professional discretion over litigation strategy and legal tactics. The scope of representation can be limited by mutual agreement as long as the limitation is reasonable and the client gives informed consent.

C. Decision-Making Authority: Actual and Apparent
Clients have actual authority to make fundamental decisions such as whether to settle, plead guilty, or waive a jury trial. Lawyers have authority to make day-to-day tactical decisions. Apparent authority arises when a third party reasonably believes a lawyer has authority to act on a client's behalf even if the client never explicitly granted it, and the client may be bound by those actions.

D. Counsel and Assistance Within the Bounds of the Law
A lawyer may advise a client about the legal consequences of any course of action, including actions that are technically legal but ethically questionable. However, a lawyer cannot assist a client in conduct the lawyer knows to be criminal or fraudulent. The lawyer may counsel the client about the legal and moral dimensions of a decision, but ultimately the client makes the choice.

E. Termination of the Client-Lawyer Relationship
A lawyer must withdraw from representation if continued representation would require violating ethical rules or if the lawyer is discharged by the client. A lawyer may withdraw for other reasons, such as the client's failure to pay fees, as long as withdrawal does not cause material harm to the client. Upon termination, the lawyer must take reasonable steps to protect the client's interests, including returning the file and any unearned fees.

F. Client-Lawyer Contracts
The terms of the client-lawyer relationship, including the fee arrangement, can be memorialized in a contract. These agreements must be fair and reasonable and must be fully understood by the client. Contingency fee agreements and any changes to an existing fee agreement must generally be in writing. Courts may scrutinize and modify fee agreements that are found to be unconscionable or obtained through overreaching.

G. Communications with the Client
A lawyer must keep the client reasonably informed about the status of the matter and promptly respond to reasonable requests for information. The lawyer must explain matters sufficiently so the client can make informed decisions. This duty applies throughout the representation, and a lawyer cannot simply go silent or delay communicating bad news.

H. Fees
Lawyer fees must be reasonable, taking into account factors such as the time involved, the difficulty of the matter, the lawyer's experience, and the customary fee in the area. Contingency fees must be in writing and are not permitted in criminal cases or in domestic relations matters where the fee is contingent on a divorce or property settlement. Referral fees between lawyers in different firms are permitted only if the client consents and the total fee is reasonable.

III. CLIENT CONFIDENTIALITY (6–12%)

A. Attorney-Client Privilege
The attorney-client privilege is an evidentiary rule that protects confidential communications made between a client and their lawyer for the purpose of seeking or providing legal advice. The privilege belongs to the client and can only be waived by the client. It survives the end of the representation and even the death of the client in most circumstances. The privilege does not apply to communications made in furtherance of a future crime or fraud.

B. Work-Product Doctrine
The work-product doctrine protects materials prepared by a lawyer in anticipation of litigation from discovery by the opposing party. Unlike the attorney-client privilege, the work-product doctrine can be overcome if the opposing party shows substantial need and inability to obtain the information by other means. Opinion work product, reflecting the lawyer's mental impressions, conclusions, and legal theories, enjoys near-absolute protection and is almost never discoverable.

C. Professional Obligation of Confidentiality: General Rule
Under Model Rule 1.6, a lawyer must not reveal information relating to the representation of a client unless the client gives informed consent, disclosure is impliedly authorized, or an exception applies. This duty is broader than the attorney-client privilege. It covers all information related to the representation, regardless of its source. The duty continues after the representation ends.

D. Disclosures Expressly or Impliedly Authorized by Client
A client may expressly consent to disclosure of confidential information. Implied authorization exists when disclosure is reasonably necessary to carry out the representation, for example, sharing information with co-counsel or support staff. A lawyer does not need explicit permission for every disclosure that is a normal and necessary part of representing the client.

E. Other Exceptions to the Confidentiality Rule
Model Rule 1.6 permits but generally does not require a lawyer to reveal confidential information to prevent reasonably certain death or substantial bodily harm, to prevent or rectify a crime or fraud that uses the lawyer's services, or to establish a claim or defense in a dispute with the client. Some states have expanded these exceptions, and a few make certain disclosures mandatory rather than permissive.

IV. CONFLICTS OF INTEREST (12–18%)

A. Current Client Conflicts: Multiple Clients and Joint Representation
A lawyer cannot represent two clients whose interests are directly adverse without the informed consent of both. Even when interests are not directly adverse, a conflict exists if there is a significant risk that representation of one client will materially limit the lawyer's representation of another. Joint representation is permissible only when the lawyer reasonably believes they can represent all clients competently and loyally, and all affected clients give informed written consent.

B. Current Client Conflicts: Lawyer's Personal Interest or Duties
A conflict arises when a lawyer's personal interests, whether financial, emotional, or otherwise, could interfere with their duty to a client. For example, a lawyer should not represent a client in a matter where the lawyer has a personal financial stake in the outcome. Lawyers must also avoid letting outside duties to third parties compromise their loyalty to the client.

C. Former Client Conflicts
A lawyer who has previously represented a client cannot later represent another person in the same or a substantially related matter if that new client's interests are materially adverse to the former client. This rule protects confidential information learned during the prior representation. The former client can waive this restriction with informed consent.

D. Prospective Client Conflicts
When a person consults with a lawyer about possible representation but no relationship is ultimately formed, the lawyer may still owe duties to that person. The lawyer cannot use confidential information learned during that consultation against the prospective client, and may be disqualified from taking on adverse representation if they received significantly harmful information.

E. Imputed Conflicts
When one lawyer in a firm has a conflict of interest, that conflict is generally imputed to all other lawyers in the firm. As a result, none of them can take on the conflicted matter. However, some conflicts can be cured by screening the conflicted lawyer from the matter, particularly when the conflict arose from a prior government position or prior firm. Personal interest conflicts of one lawyer are not always imputed to the entire firm.

F. Acquiring an Interest in Litigation
A lawyer generally cannot acquire a proprietary interest in the cause of action or subject matter of a client's litigation. This rule prevents the lawyer's financial interests from distorting their professional judgment. Exceptions include taking a contingency fee and obtaining a lien to secure a fee, both of which are expressly permitted.

G. Business Transactions with Clients
A lawyer who enters into a business transaction with a client must ensure the terms are fair and fully disclosed in writing, advise the client in writing to seek independent legal counsel, and obtain the client's informed written consent. This rule applies whenever the lawyer and client are on opposite sides of a business deal or investment, and reflects the heightened risk of overreaching due to the trust the client places in the lawyer.

H. Third-Party Compensation and Influence
When a third party pays a lawyer's fee, such as an insurer paying for a policyholder's defense, the lawyer must still represent the actual client's interests, not the payor's. The lawyer cannot allow the third party to direct or regulate the representation without the client's consent. Confidentiality owed to the client is not affected by the fact that someone else is paying the bill.

I. Lawyers Currently or Formerly in Government Service
Government lawyers cannot use their public position to gain private advantage, and former government lawyers face strict restrictions on switching sides in matters they were personally and substantially involved in while in government. These restrictions can sometimes be imputed to the lawyer's new private firm, though screening may cure the imputation in some circumstances.

J. Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral
A lawyer who previously served as a judge, arbitrator, or mediator is prohibited from representing anyone in connection with a matter in which they personally and substantially participated. This rule prevents the misuse of information gained in a neutral role. A former judge joining a law firm may be screened from disqualifying matters to avoid imputing the conflict to the entire firm.

V. COMPETENCE, LEGAL MALPRACTICE, AND OTHER CIVIL LIABILITY (6–12%)

A. Maintaining Competence
Model Rule 1.1 requires lawyers to maintain the legal knowledge, skill, thoroughness, and preparation necessary for competent representation. This includes keeping current with changes in the law and legal practice, including the benefits and risks of relevant technology. Competence is not a one-time standard achieved at admission as it is an ongoing obligation throughout a lawyer's career.

B. Competence Necessary to Undertake Representation
Before accepting a new matter, a lawyer must assess whether they have the competence to handle it. A lawyer who lacks the necessary expertise may still take the case if they can acquire the needed competence through study, associate with a competent co-counsel, or refer the client to someone better suited. Taking on a matter beyond one's abilities without taking remedial steps is an ethical violation.

C. Exercising Diligence and Care
Under Model Rule 1.3, a lawyer must act with reasonable diligence and promptness in representing a client. This means following through on matters, not neglecting cases, meeting deadlines, and pursuing the client's interests with commitment. Procrastination and lack of follow-through are among the most common bases for disciplinary complaints.

D. Civil Liability to Client, Including Malpractice
A lawyer can be sued by a client for malpractice if the lawyer's negligent conduct caused the client to suffer harm. The client must prove that the lawyer owed a duty, breached the standard of care, and that the breach was the proximate cause of actual damages. In litigation malpractice cases, the client often must prove a "case within a case" that they would have won the underlying matter but for the lawyer's negligence.

E. Civil Liability to Nonclients
In limited circumstances, a lawyer may owe a duty of care to a nonclient, such as an intended beneficiary of a will the lawyer negligently drafted. Courts apply various tests to determine when this duty extends beyond the client, and the rules vary significantly by jurisdiction. A lawyer is generally not liable to opposing parties unless the lawyer committed fraud or other intentional wrongdoing.

F. Limiting Liability for Malpractice
A lawyer cannot prospectively limit their malpractice liability to a client unless the client is independently represented in making the agreement. This rule prevents lawyers from using their position of trust to extract unfair waivers of liability. However, a lawyer may settle a malpractice claim with a former client, as long as the client has had the opportunity to seek independent advice.

G. Malpractice Insurance and Risk Prevention
While most jurisdictions do not require lawyers to carry malpractice insurance, some require disclosure to clients when the lawyer is uninsured. Good risk management practices, such as maintaining clear communication, documenting decisions, calendaring deadlines, and using engagement letters, significantly reduce malpractice exposure. Competent representation and sound office management are the best defenses to a malpractice claim.

VI. LITIGATION AND OTHER FORMS OF ADVOCACY (10–16%)

A. Meritorious Claims and Contentions
A lawyer must not bring or defend a proceeding unless there is a non-frivolous basis in law and fact for doing so. Under Model Rule 3.1, a lawyer can assert any argument that is warranted by existing law or by a non-frivolous argument for its modification. In criminal defense, a lawyer may put the prosecution to its proof even without an affirmative defense theory. This rule mirrors Federal Rule 11 in civil litigation.

B. Expediting Litigation
A lawyer must make reasonable efforts to expedite litigation consistent with the client's interests. This means not filing unnecessary motions, seeking unwarranted delays, or taking other actions designed purely to harass or burden the opposing party. While a client may benefit from some delay, a lawyer cannot use dilatory tactics that have no legitimate strategic purpose.

C. Candor to the Tribunal
A lawyer must not make false statements of fact or law to a court, fail to disclose directly adverse controlling legal authority, or offer evidence the lawyer knows to be false. This duty of candor overrides a client's instructions. A lawyer cannot knowingly present false testimony even if the client demands it. If a client insists on testifying falsely, the lawyer must take remedial action, including potentially withdrawing.

D. Fairness to Opposing Party and Counsel
A lawyer must not unlawfully obstruct an opposing party's access to evidence, make frivolous discovery requests, or engage in conduct intended to disrupt the tribunal. This rule prohibits destruction of evidence, improper contact with witnesses, and harassment of opposing counsel. Zealous advocacy for a client does not justify unfair or dishonest tactics against the other side.

E. Impartiality and Decorum of the Tribunal
A lawyer must not attempt to improperly influence a judge, juror, or other official, and must maintain appropriate decorum in all proceedings. This includes prohibitions on ex parte communications with a judge about a pending matter and attempting to communicate with jurors during or after trial in prohibited ways. Treating the court and all its participants with respect is a core professional obligation.

F. Trial Publicity
A lawyer must not make public statements about a pending case that the lawyer knows or reasonably should know will have a substantial likelihood of materially prejudicing the proceeding. This rule balances free speech rights against the right to a fair trial. Prosecutors are held to a particularly strict standard given the power of the government and the risk of prejudicing potential jurors.

G. Lawyer as Witness
A lawyer generally cannot serve as both an advocate and a witness in the same proceeding. If a lawyer is likely to be a necessary witness, they should not accept the representation, or must withdraw. Exceptions exist when the lawyer's testimony relates to an uncontested matter, the nature and value of legal services rendered, or when disqualification would cause substantial hardship to the client.

VII. TRANSACTIONS AND COMMUNICATIONS WITH PERSONS OTHER THAN CLIENTS (2–8%)

A. Truthfulness in Statements to Others
A lawyer must not make knowingly false statements of material fact or law to third parties in the course of representing a client. Importantly, certain statements, such as a party's negotiating position or the lowest settlement amount a client will accept, are not considered statements of material fact under the rules and are thus not prohibited. However, outright lies about facts or the law cross the line.

B. Communications with Represented Persons
A lawyer cannot communicate directly with a person who is represented by counsel about the subject of the representation without that counsel's consent. This rule protects represented parties from being approached and potentially exploited by opposing counsel without the protection of their own attorney being present. It applies regardless of who initiates the contact or what the represented person wishes.

C. Communications with Unrepresented Persons
When dealing with a person who is not represented by counsel, a lawyer must not give that person the impression that the lawyer is disinterested or acting in the person's interest, and must not give legal advice other than to get a lawyer. The rule protects unrepresented individuals from being misled or taken advantage of by sophisticated legal counsel working against their interests.

D. Respect for Rights of Third Persons
In representing a client, a lawyer cannot use means that have no substantial purpose other than to embarrass, delay, or burden a third person. A lawyer also cannot use legally improper methods to obtain evidence from third parties or violate their legal rights. This rule reflects the broader duty lawyers have to the justice system and to basic fairness, beyond just their obligations to their client.

VIII. DIFFERENT ROLES OF THE LAWYER (4–10%)

A. Lawyer as Advisor
When acting as an advisor, a lawyer must provide candid and honest legal advice, even when that advice is not what the client wants to hear. A lawyer may also refer to moral, economic, and social considerations when those factors are relevant to the client's decision. Giving honest counsel, rather than just telling the client what they want, is one of the most important functions a lawyer serves.

B. Lawyer as Evaluator
A lawyer may be asked to evaluate a legal matter on behalf of a third party, such as preparing a legal opinion for a lender or auditor. In doing so, the lawyer must be honest and thorough in their assessment, even though they are technically working at the client's request. If the evaluation will be adverse to the client's interests, the lawyer should assess whether they can proceed and whether the client's informed consent is required.

C. Lawyer as Negotiator
In negotiations, a lawyer represents the client's interests and is permitted to be a strong advocate. However, the lawyer may not make knowing misrepresentations of material fact. Puffery and statements about a party's negotiating position are generally not treated as actionable misrepresentations, but outright false factual claims are prohibited even in the adversarial context of negotiation.

D. Lawyer as Arbitrator, Mediator, or Other Third-Party Neutral
When a lawyer serves as a neutral, such as a mediator or arbitrator, they are no longer acting as an advocate and must be impartial. The lawyer must disclose any circumstances that could affect their impartiality and must not later represent any party in connection with the matter. This role requires a fundamentally different mindset than advocacy, and the ethical rules treat it accordingly.

E. Prosecutors and Other Government Lawyers
Prosecutors occupy a unique role in the legal system. Their duty is not simply to win, but to seek justice. A prosecutor must not bring charges without probable cause, must disclose exculpatory evidence, must not seek to obtain waivers of rights from unrepresented defendants, and must exercise discretion and fairness throughout the process. These heightened obligations reflect the enormous power that prosecutors wield over individuals' lives and liberty.

F. Lawyer Appearing in Nonadjudicative Proceedings
When a lawyer represents a client before a legislative body or administrative agency, rather than in a courtroom, the same core duties of candor and fairness apply. The lawyer must disclose their representative capacity and must not make false statements. The advocacy role is somewhat different in these settings, but the lawyer's ethical obligations remain in full force.

G. Lawyer Representing an Entity or Other Organization
When a lawyer represents a corporation or other organization, the client is the entity itself, not the individual officers, directors, or employees. When the interests of the organization and its individual constituents conflict, the lawyer must act in the organization's best interest, which may mean reporting misconduct up the chain of command or even to the board of directors. In extreme cases involving ongoing serious harm, the lawyer may need to withdraw.

IX. SAFEKEEPING FUNDS AND OTHER PROPERTY (2–8%)

A. Establishing and Maintaining Client Trust Accounts
Lawyers must maintain separate trust accounts, often called IOLTA accounts, to hold client funds and must keep these accounts separate from the lawyer's own funds. The rules governing trust accounts are among the most strictly enforced in legal ethics, and mishandling client funds is one of the most common causes of disbarment. Proper recordkeeping and regular reconciliation of trust accounts are essential obligations.

B. Safekeeping Funds and Other Property of Clients
A lawyer who receives funds or property belonging to a client must promptly notify the client, keep the property safe and identifiable, and promptly deliver it to the client when requested. The lawyer must maintain detailed records of all client funds received and disbursed. Even small or inadvertent errors in handling client funds can result in serious disciplinary consequences.

C. Safekeeping Funds and Other Property of Third Persons
Lawyers sometimes hold funds that belong to third parties, such as settlement proceeds owed to a medical provider or a lienholder. These funds must also be handled with great care and cannot be released until the dispute over entitlement is resolved. The lawyer cannot simply hand everything over to the client if the lawyer knows a third party has a legitimate claim to some portion of the funds.

D. Disputed Claims
When there is a dispute between the client and a third party over funds held by the lawyer, the lawyer must hold the disputed portion in trust until the dispute is resolved. The undisputed portion must be promptly distributed to whichever party is entitled to it. The lawyer cannot use the existence of a dispute as an excuse to withhold funds to which the client or a third party is clearly entitled.

X. COMMUNICATIONS ABOUT LEGAL SERVICES (4–10%)

A. Advertising and Other Public Communications About Legal Services
Lawyers may advertise their services, but all communications about legal services must be truthful and not misleading. False or deceptive advertising, including misleading comparisons to other lawyers, unjustified claims of superiority, or promises of results, is prohibited. Advertisements must typically include the name of at least one responsible lawyer or firm, and many states have additional filing or disclaimer requirements.

B. Solicitation: Direct Contact with Prospective Clients
Lawyers are prohibited from directly soliciting prospective clients through live in-person, telephone, or real-time electronic contact when the primary purpose is pecuniary gain, unless the person is a lawyer or has a prior relationship with the lawyer. This rule is designed to prevent high-pressure tactics that could overpower a vulnerable person's judgment. Written solicitations are generally permitted but must comply with specific requirements, including disclosure that they are advertising materials.

C. Group Legal Services
Lawyers may participate in group or prepaid legal service plans that use solicitation to enroll members, as long as the plan does not otherwise violate the rules of professional conduct. These plans allow access to legal services through organizations like unions or employers, and the rules accommodate them as a legitimate way to expand access to legal representation for people who might not otherwise be able to afford it.

D. Referrals
A lawyer may not give anything of value to a person for recommending the lawyer's services, with a few narrow exceptions such as participating in a nonprofit referral service or paying the reasonable cost of advertising. Referral fees between lawyers in different firms are permitted under certain conditions, but paying laypeople for client referrals is generally prohibited because it could compromise the independence of the referral and the quality of the client's representation.

E. Communications Regarding Fields of Practice and Specialization
Lawyers may communicate that they practice in certain areas of law, but they may not claim to be a certified specialist unless they have been certified by an approved organization and the communication identifies the certifying organization. Claiming specialization without proper certification is misleading and could cause a client to choose a lawyer based on a false credential.

XI. LAWYERS' DUTIES TO THE PUBLIC AND THE LEGAL SYSTEM (2–4%)

A. Voluntary Pro Bono Service
Model Rule 6.1 encourages lawyers to provide at least 50 hours of pro bono legal services per year to those who cannot afford representation. While this is aspirational rather than mandatory under the Model Rules, it reflects the legal profession's special obligation to ensure access to justice. Some states have moved toward mandatory reporting of pro bono hours, though true mandatory pro bono requirements remain rare.

B. Accepting Appointments
A lawyer should not seek to avoid appointments by a court to represent a person unless there is good cause, such as a conflict of interest or an unreasonable financial burden. Accepting court appointments, even in difficult cases, is part of the lawyer's duty to the legal system. Refusing appointments without legitimate reason undermines the administration of justice.

C. Serving in Legal Services Organizations
A lawyer may serve as a director or officer of a legal services organization even if that organization serves people whose interests may conflict with the interests of the lawyer's clients, as long as the lawyer does not participate in decisions that would adversely affect a client. This rule allows lawyers to give back to their communities and support access to justice efforts without automatic disqualifying conflicts.

D. Law Reform Activities Affecting Client Interests
A lawyer may support and work on law reform activities, such as lobbying for legislative changes, even if the reform might benefit a client's interests as well. The lawyer does not have to disclose that a client might benefit from the reform unless the benefit would be direct and specific. This rule allows lawyers to participate in the democratic process and advocate for systemic change without being disqualified by tangential connections to clients.

E. Criticism of Judges and Adjudicating Officials
Lawyers have free speech rights, including the right to criticize judges and court decisions. However, a lawyer may not make statements that the lawyer knows to be false about the qualifications or integrity of a judge or other official, and may not make statements that are recklessly made without regard for their truth or falsity. Honest and good-faith criticism of the judiciary is protected, but knowingly false attacks on judicial integrity are not.

F. Political Contributions to Obtain Engagements or Appointments
A lawyer or firm cannot make political contributions for the purpose of obtaining government legal engagements or appointments to public positions. This rule, often called the "pay-to-play" prohibition, is designed to prevent corruption and the appearance that government legal business is being bought. Even legal campaign contributions can violate this rule if they are made with a corrupt intent to secure legal work.

G. Improper Influence on Government Officials
A lawyer cannot attempt to influence a government official through means that violate applicable law, including bribery or other improper inducements. Beyond outright bribery, the rule covers any attempt to improperly leverage access, relationships, or favors to influence the outcome of official decisions. This applies whether the lawyer is seeking action on behalf of a client or for personal gain.

H. Assisting Judicial Misconduct
A lawyer who knows of judicial conduct that raises a substantial question as to the judge's fitness for office should inform the appropriate authority. A lawyer also should not assist or cover up misconduct by a judge. This obligation parallels the duty to report lawyer misconduct and reflects the legal profession's broader responsibility to protect the integrity of the entire justice system.

XII. JUDICIAL CONDUCT (2–8%)

A. Maintaining the Independence and Impartiality of the Judiciary
Judges must uphold and promote the independence, integrity, and impartiality of the judiciary. A judge should not be influenced by personal relationships, political pressure, or outside interests when making decisions. The public's confidence in the justice system depends on the perception, as well as the reality, that judges decide cases based on the law and facts alone.

B. Performing the Duties of Judicial Office Impartially, Competently, and Diligently
Judges must be faithful to the law, competent in the legal matters before them, and diligent in managing their dockets. This includes treating all parties and counsel with courtesy and respect, maintaining order in the courtroom, and deciding matters without undue delay. A judge who is rude, biased in demeanor, or who lets cases languish violates these core duties of judicial office.

C. Ex Parte Communications
A judge generally may not communicate with one party or their counsel about a pending matter without the knowledge and participation of all other parties. Ex parte communications, even seemingly innocent ones, undermine the appearance of impartiality and can compromise the fairness of the proceeding. Narrow exceptions exist for administrative scheduling matters or emergencies, but these must be handled carefully and the other party must be informed promptly.

D. Disqualification
A judge must disqualify themselves from any proceeding in which their impartiality might reasonably be questioned, including cases involving a personal financial interest, a close family relationship with a party, prior involvement in the matter, or a known personal bias. Disqualification protects not only the fairness of the specific proceeding but also public confidence in the judiciary. Some disqualifications can be waived by the parties after full disclosure.

E. Extrajudicial Activities
Judges may engage in extrajudicial activities, such as teaching, writing, speaking, and participating in civic organizations, as long as those activities do not interfere with their judicial duties or create an appearance of partiality. Judges are restricted in their political activities and may not personally solicit campaign contributions, though they can have committees do so on their behalf. A judge must also be careful that outside compensation and gifts do not create conflicts with their judicial role.