Disciplinary Authority; Choice of Law

(a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer's conduct occurs. A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction. A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct. (b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows: (1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and (2) for any other conduct, the rules of the jurisdiction in which the lawyer's conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer's conduct will occur. (Amended effective October 1, 2005.) Comment Disciplinary Authority [1] It is longstanding law that the conduct of a lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction. Extension of the disciplinary authority of this jurisdiction to other lawyers who provide or offer to provide legal services in this jurisdiction is for the protection of the citizens of this jurisdiction. Reciprocal enforcement of a jurisdiction's disciplinary findings and sanctions will further advance the purposes of this rule. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. PROFESSIONAL RULES 108 MINNESOTA COURT RULES See Rules 6 and 22, ABA Model Rules for Lawyer Disciplinary Enforcement. A lawyer who is subject to the disciplinary authority of this jurisdiction under Rule 8.5(a) is subject to service of process in accordance with Rule 12, Rules on Lawyers Professional Responsibility. The fact that the lawyer is subject to the disciplinary authority of this jurisdiction may be a factor in determining whether personal jurisdiction may be asserted over the lawyer for civil matters. Choice of Law [2] A lawyer potentially may be subject to more than one set of rules of professional conduct that impose different obligations. The lawyer may be licensed to practice in more than one jurisdiction with differing rules, or may be admitted to practice before a particular court with rules that differ from those of the jurisdiction or jurisdictions in which the lawyer is licensed to practice. Additionally, the lawyer's conduct may involve significant contacts with more than one jurisdiction. [3] Paragraph (b) seeks to resolve such potential conflicts. Its premise is that minimizing conflicts between rules, as well as uncertainty about which rules are applicable, is in the best interests of both clients and the profession (as well as the bodies having authority to regulate the profession). Accordingly, it takes the approach of (i) providing that any particular conduct of a lawyer shall be subject to only one set of rules of professional conduct; (ii) making the determination of which set of rules applies to particular conduct as straightforward as possible, consistent with recognition of appropriate regulatory interests of relevant jurisdictions; and (iii) providing protection from discipline for lawyers who act reasonably in the face of uncertainty. [4] Paragraph (b)(1) provides that as to a lawyer's conduct relating to a proceeding pending before a tribunal, the lawyer shall be subject only to the rules of the jurisdiction in which the tribunal sits unless the rules of the tribunal, including its choice of law rule, provide otherwise. As to all other conduct, including conduct in anticipation of a proceeding not yet pending before a tribunal, paragraph (b)(2) provides that a lawyer shall be subject to the rules of the jurisdiction in which the lawyer's conduct occurred, or, if the predominant effect of the conduct is in another jurisdiction, the rules of that jurisdiction shall be applied to the conduct. In the case of conduct in anticipation of a proceeding that is likely to be before a tribunal, the predominant effect of such conduct could be where the conduct occurred, where the tribunal sits, or in another jurisdiction. [5] When a lawyer's conduct involves significant contacts with more than one jurisdiction, it may not be clear whether the predominant effect of the lawyer's conduct will occur in a jurisdiction other than the one in which the conduct occurred. So long as the lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect will occur, the lawyer shall not be subject to discipline under this rule. With respect to conflicts of interest, in determining a lawyer's reasonable belief under paragraph (b)(2), a written agreement between the lawyer and client that reasonably specifies a particular jurisdiction as within the scope of that paragraph may be considered if the agreement was obtained with the client's informed consent confirmed in the agreement. [6] If two admitting jurisdictions were to proceed against a lawyer for the same conduct, they should, applying this rule, identify the same governing ethics rules. They should take all appropriate steps to see that they do apply the same rule to the same conduct, and in all events should avoid proceeding against a lawyer on the basis of two inconsistent rules. [7] The choice of law provision applies to lawyers engaged in transnational practice, unless international law, treaties or other agreements between competent regulatory authorities in the affected jurisdictions provide otherwise. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 109 PROFESSIONAL RULES MINNESOTA COURT RULES APPENDIX 1 MAINTENANCE OF BOOKS AND RECORDS Pursuant to Rule 1.15(i), Minnesota Rules of Professional Conduct (MRPC), the Lawyers Professional Responsibility Board adopted the following as the books and records required by Rule 1.15(h), MRPC: Every attorney engaged in the private practice of law must maintain the books and records described in this Appendix to comply with the applicable provisions of the MRPC relating to funds and property received and disbursed on behalf of clients or otherwise held in a fiduciary capacity. Equivalent books and records demonstrating the same information in an easily accessible manner and in substantially the same detail are acceptable. Books and records may be prepared manually or by computer. I. Trust Account Records. The following books and records must be contemporaneously maintained for funds and property received and disbursed by an attorney in a fiduciary capacity. These books and records must be separately maintained for each individual trust account. 1. An identification of all trust accounts maintained, including the name of the bank or other financial institution, account number, account name, date account opened, and an agreement with the bank establishing each account and its interest bearing nature. A record should also be maintained showing clearly whether each such account is pooled, with net interest paid to the IOLTA program, pooled with allocation of interest, or individual, including the client name. See Rules 1.15(e)and (f)(2), MRPC. 2. A check register for each trust account that chronologically shows all deposits and checks and the balance of funds remaining in the account. a. Each deposit entry must include the date of the deposit, the amount, the identity of the client(s) for whom the funds were deposited, and the purpose of the deposit. b. Each check entry must include the date the check was issued, the check number, the payee, the amount, the identity of the client for whom the check was issued, and the purpose of the check. An attorney may not make ATM or other cash withdrawals from a trust account and may not issue trust account checks in payment of the attorney's own personal or business expenses. 3. A subsidiary ledger for each client matter in which the attorney deposits funds into a trust account. a. For every trust account transaction, attorneys must record on the appropriate client subsidiary ledger the date of deposit or disbursement, the amount of the transaction, the payee and check number (for disbursements), the purpose of the transaction, and the balance of funds remaining in the account on behalf of that client matter. An attorney shall not disburse funds from the trust account that would create a negative balance in any subsidiary ledger. b. A separate subsidiary ledger for nominal funds of the attorney held in the trust account pursuant to Rule 1.15(a)(1), MRPC, to accommodate reasonably expected bank fees and charges. The amount of an attorney's own funds in a trust account shall not exceed $200. This ledger should also record any monthly service charges not offset or waived by the bank in the same month. A separate ledger should be maintained to record interest accrued but not transferred by the bank to the IOLTA program in the same month it is credited. c. An attorney maintaining non-IOLTA accounts pursuant to Rule 1.15(f), MRPC, shall record on each client subsidiary ledger the monthly accrual of interest, and the date and amount of Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. PROFESSIONAL RULES 110 MINNESOTA COURT RULES each interest disbursement, including disbursements from accrued interest for costs of establishing and administering the account. 4. A trial balance of the subsidiary ledgers, performed on a monthly basis, which shows each client matter for which the attorney is holding funds in a trust account, the balance of funds held on behalf of each client matter as of the date of the monthly bank statement, and a total of all such client balances. No client subsidiary ledger balance should be negative at any time. If at the time a trial balance is performed, however, a negative client subsidiary ledger balance has not yet been rectified, that balance should be viewed as zero for purposes of computing the trial balance total. A negative client subsidiary ledger balance may not serve to reduce the trial balance total. 5. A reconciliation of the check register balance, the subsidiary ledger trial balance total, and the bank statement balance performed on a monthly basis. The adjusted bank statement balance is determined by adding the outstanding deposits and subtracting the outstanding checks from the monthly bank statement balance. [Sample trial balances and reconciliations are available from the Office of Lawyers Professional Responsibility.] 6. Bank statements, canceled checks, if they are provided with the bank statements, bank wire, electronic or telephone transfer confirmations, and duplicate deposit slips. Checks, fund transfer confirmations and deposit slips must be annotated with the identity of the affected client. Cash payments must be documented by a receipt countersigned by the payor, which identifies the client on whose behalf the cash payment was received. Attorneys making deposits using substitute checks pursuant to the Check Clearing for the 21st Century Act must request and retain image statements from the bank for each such deposit. For withdrawal by bank wire, electronic or telephone transfer, an attorney or law firm must create a written memorandum authorizing the transaction, signed by the attorney responsible for the transaction. The bank wire, electronic or telephone transfer must be entered in the check register and appropriate client subsidiary ledger and include all the identifying information listed in paragraphs I(2)(b) and I(3)(a) of this Appendix. 7. Electronic Record Retention. An attorney who maintains trust account records by computer must print and retain, on a monthly basis, the check register, the trial balance of the subsidiary ledgers, and the reconciliation report. In the alternative, the check register, trial balance of the subsidiary ledgers and reconciliation report may be retained in a PDF form on an electronic device separate from the one on which these materials were created. Electronic records, both those maintained contemporaneously and those retained in a PDF form, should be regularly backed up by an appropriate storage device. The frequency of the back-up procedure should be directly related to the volume of activity in the trust account. 8. A record showing all property, specifically identified, other than cash, held in trust for clients or others, except that routine files, documents and items, such as real estate abstracts, which are not expected to be held indefinitely, need not be so recorded but should be documented in the files of the lawyer as to receipt and delivery. 9. Each trust account shall be maintained in a financial institution that is authorized by federal or state law to do business in Minnesota, is located, or has a branch office located, in Minnesota, and has executed a "Trust Account Overdraft Notification and IOLTA Comparability Agreement." 10. An attorney may accept payment of trust funds by credit card. If the credit card company is unable to credit the funds to the trust account, while debiting all transactional and other fees from the attorney's business or other non-trust account, however, all credit card payments must be deposited into the attorney's business or other non-trust account. The attorney must then immediately transfer the unearned portion of the funds to a trust account. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 111 PROFESSIONAL RULES MINNESOTA COURT RULES 11. Except in the context of real estate sales transactions, an attorney shall not disburse funds from a trust account unless the bank in which the attorney maintains the trust account has made the funds available for disbursement and the instrument that is the source of the deposit has cleared the bank account on which it was issued. II. Business Account Records. An attorney or law firm must maintain at least one bank account, other than the trust account, for funds and property received and disbursed outside the attorney's fiduciary capacity. The following books and records shall be maintained for such accounts: 1. A record in the form of a fees book or file of copies of billing invoices reflecting all fees charged and other billings to clients. 2. Copies of receipts, countersigned by the payor, for all cash payments. 3. Check registers, bank statements, canceled checks, if they are provided with the bank statements, and duplicate deposit slips sufficient to establish the receipt of earned fee payments from clients, costs advanced on behalf of clients, and similar receipts and disbursements. 4. A periodic reconciliation of the checkbook balance and the bank statement balance. (Added effective September 30, 2005; amended effective June 26, 2008; amended effective July 1, 2010; amended effective June 26, 2015.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. PROFESSIONAL RULES 112 MINNESOTA COURT RULES Professionalism Aspirations1 Adopted January 11, 2001 1A summary form of these Professionalism Aspirations is included at the end of the document. This summary version is intended to permit the standards to be posted, included in literature, or otherwise made available where the entire text would be cumbersome. TABLE OF HEADNOTES Preamble I. Our Legal System A. B. C. D. E. Respect and Dignity Honesty Equal Access Education Appearance of Impropriety II. Lawyer to Client A. B. Independent Judgment Proper Conduct on Behalf of Clients III. Lawyer to Lawyer A. B. C. D. E. F. G. H. I. Courtesy and Punctuality Drafting Scheduling, Extensions, Cancellations Discovery Sanctions Opportunity to Respond Settlement Request During Trial or Hearing Conduct of Others IV. Lawyer and Judge A. B. Lawyers' Duties to Court and Administrative Tribunal The Duties of Judges, Referees, and Administrative Law Judges to Lawyers and Parties C. The Duties of Judges, Referees, and Administrative Law Judges to Each Other Summary Standards I. Our Legal System Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 113 PROFESSIONAL RULES MINNESOTA COURT RULES II III. IV. Lawyer to Client Lawyer to Lawyer Lawyer and Judge Preamble We, the judges and lawyers of Minnesota, have a special responsibility for the quality of justice. We have taken an oath to conduct ourselves in an upright and courteous manner with fidelity to the court and the client, promising no falsehood or deceit. Commensurate with this responsibility and unique oath is the obligation to conduct our affairs according to the highest standards of professionalism. The following standards reflect our commitment to professionalism. They memorialize our obligations to each other, our clients and to the people of the State of Minnesota. They are designed to raise public confidence in the legal profession and the justice system through the promotion and protection of professionalism and civility. These standards are not to be used as a basis for litigation, lawyer discipline, or court sanctions. Nothing in these standards supersedes or detracts from existing disciplinary codes or alters existing standards of conduct against which lawyer negligence may be determined. TEXT OF RULES I. Our Legal System A lawyer owes personal dignity, integrity, and independence to the administration of justice. A lawyer's conduct should be characterized at all times by personal courtesy and professional integrity in the fullest sense of those terms. A. Respect And Dignity. We will uphold the respect and dignity of judges, each member of the Bar, the law and the legal system. B. Honesty. We will conduct our affairs with candor and honesty. Our word is our bond. C. Equal Access. We will dedicate and commit ourselves to equal access to the legal system. D. Education. We will educate our clients, the public, and other lawyers regarding the spirit and letter of these Professional Aspirations. E. Appearance of Impropriety. We will always endeavor to conduct ourselves in such a manner as to avoid even the appearance of impropriety. II. Lawyer to Client A lawyer owes allegiance, learning, skill, and industry to a client. As lawyers, we shall employ appropriate legal procedures to protect and advance our clients' legitimate rights, claims, and objectives. In fulfilling our duties to each client, we will be mindful of our obligation to the administration of justice, which is a truth-seeking process designed to resolve human and societal problems in a rational, peaceful, and efficient manner. A. Independent Judgment. 1. We will be loyal and committed to our clients' lawful objectives, but will not permit that loyalty and commitment to interfere with our duty to provide objective and independent advice. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. PROFESSIONAL RULES 114 MINNESOTA COURT RULES 2. We will always be conscious of our duty to the system of justice. 3. We reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect our clients' lawful objectives. 4. We will advise our clients, if necessary, that they do not have a right to demand that we engage in abusive or offensive conduct and we will not engage in such conduct. 5. We will neither encourage nor cause clients to do anything that would be unethical or inappropriate if done by us. B. Proper Conduct on Behalf of Clients. 1. We will affirm among parties and other lawyers that civility and courtesy are expected and are not a sign of weakness. 2. We will endeavor to achieve our clients' legitimate objectives in our office practice work and in litigation as expeditiously and economically as possible. 3. We will not employ tactics that are designed primarily to delay resolution of a matter or to harass or drain the financial resources of the parties. III. Lawyer to Lawyer A lawyer owes courtesy, candor, cooperation, and compliance with all agreements and mutual understandings to opposing counsel, in the conduct of an office practice and in pursuit of the resolution of legal issues. As professionals, ill feelings between clients should not influence our conduct, attitude, or demeanor toward opposing counsel. Conduct that may be characterized as uncivil, abrasive, abusive, hostile, or obstructive impedes the fundamental goal of resolving disputes rationally, peacefully, and efficiently. A lawyer owes the same duty to an opposing party who is pro se. A. Courtesy and Punctuality. 1. We will practice our profession with a continuing awareness that our role is to advance the legitimate interests of our clients. In our dealings with others we will not reflect the ill feelings of our clients. We will treat all other counsel, parties, and witnesses in a civil and courteous manner, not only in court, but also in all other written and oral communications. 2. We will not, even when called upon by a client to do so, abuse others or indulge in offensive conduct directed to other counsel, parties, or witnesses. We will abstain from disparaging personal remarks or acrimony toward other counsel, parties, or witnesses. We will treat adverse witnesses and parties with fair consideration. 3. We will be courteous, civil and prompt in oral and written communications and punctual in honoring scheduled appearances, meetings, depositions, appointments, etc. with opposing counsel. 4. We will disagree without being disagreeable. We recognize that effective representation does not require antagonistic or obnoxious behavior. 5. We will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations or acrimony toward opposing counsel, parties, and witnesses. 6. We will not ask a witness or an opposing party a question solely for the purpose of harassing or embarrassing that individual. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 115 PROFESSIONAL RULES MINNESOTA COURT RULES 7. We will adhere to all express promises and to agreements with other counsel, whether oral or in writing, and will adhere in good faith to all agreements implied by the circumstances or local customs. B. Drafting. 1. We will not quarrel over matters of form or style, but concentrate on matters of substance. 2. We will try to achieve the common goal in the preparation of agreements. 3. When we purport to identify for other counsel or parties changes we make in documents submitted for their review, we will identify all such changes accurately. 4. We will carefully craft document production requests so they are limited to those documents we reasonably believe are necessary for the prosecution or defense of an action. We will not design production requests to place an undue burden or expense on a party. 5. We will respond to document requests reasonably and not strain to interpret the request in an artificially restrictive manner to avoid disclosure of relevant and non-privileged documents. We will not produce documents in a manner designed to hide or obscure the existence of particular documents. 6. When a draft order is to be prepared by counsel to reflect a court ruling, we will draft an order that accurately and completely reflects the court's ruling. We will promptly prepare and submit a proposed order to other counsel and attempt to reconcile any differences before the draft order is presented to the court. C. Scheduling, Extensions, Cancellations. 1. We will not arbitrarily schedule a meeting, deposition, court appearance, hearing, or other proceeding until a good faith effort has been made to schedule it by agreement. If we are unable to contact the other lawyer, we will send written correspondence suggesting a time or times that will become operative unless an informal objection is directed to us within a set reasonable time. 2. We will endeavor in good faith to honor previously scheduled trial or hearing settings, vacations, seminars, meetings or other functions that produce good faith calendar conflicts on the part of opposing counsel. We will not seek accommodation from another member of the Bar for the rescheduling of any court setting, discovery, hearing, meeting, etc. unless a legitimate need exists. 3. We will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of our clients will not be adversely affected. 4. We will not request an extension of time solely for the purpose of unjustified delay or to obtain a tactical advantage. 5. We will notify other counsel and, if appropriate, the court or other persons, at the earliest possible time when hearings, depositions, meetings, or conferences are to be canceled or postponed. D. Discovery. 1. We will make reasonable efforts to conduct discovery by agreement. 2. We will refrain from excessive and/or abusive discovery. 3. We will comply with all reasonable discovery requests. We will not resist discovery requests that are not objectionable. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. PROFESSIONAL RULES 116 MINNESOTA COURT RULES 4. We will not seek court intervention to obtain discovery that is clearly improper and not desirable. 5. We will take depositions only when actually needed to ascertain facts or information or to perpetuate testimony. We will not take depositions for the purposes of harassment or to increase litigation expenses. 6. During depositions we will ask only those questions we reasonably believe are necessary for the prosecution or defense of an action. 7. We will carefully craft interrogatories so they are limited to those matters we reasonably believe are necessary for the prosecution or defense of an action, and we will not design them to place an undue burden or expense on a party. 8. We will respond to interrogatories reasonably and will not strain to interpret them in an artificially restrictive manner to avoid disclosure of relevant and non-privileged information. 9. We will not engage in any conduct during a deposition that would not be appropriate in the presence of a judge. We will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. We will encourage witnesses to respond to all deposition questions that are reasonably understandable. 10. We will not use any form of discovery or discovery scheduling as a means of harassment. 11. We will make good faith efforts to resolve by agreement our objections to matters contained in pleadings and discovery requests and objections. E. Sanctions. We will not seek or threaten sanctions or disqualifications without first conducting a reasonable investigation and unless it is necessary for protection of our client's lawful objectives or fully justified by the circumstances. F. Opportunity to Respond. 1. We will not serve motions, pleadings or briefs in any manner that unfairly limits another party's opportunity to respond. We will not seek ex parte relief without first attempting to notify the opposing party or attorney. We will not file memoranda or affidavits that are not permitted by court rules. We will furnish opposing counsel copies of all submissions to the court either contemporaneously or as soon as practical. 2. We will not cause a default or dismissal to be entered, when we know the identity of an opposing counsel, without first making a good faith attempt to inquire about the counsel's intention to proceed. G. Settlement. 1. We will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party. 2. We will endeavor to confer early with other counsel to assess settlement possibilities. We will not falsely hold out the possibility of settlement as a means to adjourn discovery or to delay trial. H. Request During Trial or Hearing. During trial or hearing we will honor reasonable requests of opposing counsel that do not prejudice the rights of our clients or sacrifice tactical advantage. I. Conduct of Others. We will not encourage or knowingly authorize any person under our control to engage in conduct that would be improper if we were to engage in such conduct. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 117 PROFESSIONAL RULES MINNESOTA COURT RULES IV. Lawyer and Judge Lawyers and judges owe each other respect, diligence, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the court and the profession. A. Lawyers' Duties to Court and Administrative Tribunal. 1. We will speak and write civilly and respectfully in all communications with the court or administrative tribunal. 2. We will be punctual and prepared for all appearances so that all hearings, conferences, and trials may commence on time to the greatest extent possible. 3. We will be considerate of the time constraints and pressures on the court and court staff inherent in their efforts to administer justice. 4. We will not engage in any conduct that brings disorder or disruption to the courtroom or administrative hearing area. We will advise our clients and witnesses appearing in these settings of the proper conduct expected and required there and, to the best of our ability, prevent our clients and witnesses from creating disorder or disruption. 5. We will not knowingly misrepresent, mischaracterize, misquote, or miscite facts or authorities in any oral or written communication to the court or administrative hearing officer. 6. We will avoid argument or posturing through sending copies of correspondence between counsel to the court, unless specifically permitted or invited by the court. 7. Before dates for hearings or trials are set, or if that is not feasible, immediately after such dates have been set, we will attempt to verify the availability of necessary participants and witnesses so we can promptly notify the court of any problems. 8. We will act and speak civilly to all other court staff with an awareness that they, too, are an integral part of the judicial system. B. The Duties of Judges, Referees, and Administrative Law Judges to Lawyers and Parties. 1. We will be courteous, respectful, and civil to lawyers, parties, and witnesses. We will maintain control of the proceedings, recognizing that we have both the obligation and the authority to insure that all proceedings are conducted in a civil manner. 2. If we observe a lawyer being uncivil to another lawyer or others, we will call it to the attention of the offending lawyer on our own initiative. 3. We will not employ hostile, demeaning, or humiliating words in opinions or in written or oral communications with lawyers, parties, or witnesses. 4. We will be punctual in convening all hearings, meetings, and conferences; if delayed, we will notify counsel, if possible. 5. In scheduling all hearings, meetings and conferences, we will be considerate of time schedules of lawyers, parties, and witnesses. 6. We will make all reasonable efforts to decide promptly all matters presented to us for decision. 7. We will give the issues in controversy deliberate, impartial, and studied analysis and consideration. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. PROFESSIONAL RULES 118 MINNESOTA COURT RULES 8. While endeavoring to resolve disputes efficiently, we will be considerate of the time constraints and pressures imposed on lawyers by exigencies of litigation practice. 9. We recognize that a lawyer has a right and a duty to present a cause fully and properly, and that a party has a right to a fair and impartial hearing. Within the practical limits of time, we will allow lawyers to present proper arguments and to make a complete and accurate record. 10. We will not impugn the integrity or professionalism of any lawyer on the basis of the clients whom, or the causes which, a lawyer represents. 11. We will do our best to insure that court personnel act civilly toward lawyers, parties, and witnesses. 12. We will not adopt procedures that needlessly increase litigation expense. C. The Duties of Judges, Referees, and Administrative Law Judges to Each Other. 1. We will be courteous, respectful, and civil in opinions, ever mindful that a position articulated by another judge is the result of that judge's earnest effort to interpret the law and the facts correctly. 2. In all written and oral communications, we will abstain from disparaging personal remarks, criticisms, or sarcastic or demeaning comments about another colleague. 3. We will endeavor to work with other judges in an effort to foster a spirit of cooperation in our mutual goal of enhancing the administration of justice. Summary Standards I. Our Legal System A lawyer owes personal dignity, integrity, and independence to the administration of justice. A lawyer's conduct should be characterized at all times by personal courtesy and professional integrity in the fullest sense of those terms. II. Lawyer to Client A lawyer owes allegiance, learning, skill, and diligence to a client. As lawyers, we shall employ appropriate legal procedures to protect and advance our client's legitimate rights, claims, and objectives. In fulfilling our duties to each client, we will be mindful of our obligation to the administration of justice, which is a truth-seeking process designed to resolve human and societal problems in a rational, peaceful, and efficient manner. III. Lawyer to Lawyer A lawyer owes courtesy, candor, cooperation, and compliance with all agreements and mutual understandings to opposing counsel whether in the conduct of an office practice or in the pursuit of litigation. As professionals, ill feelings between clients should not influence our conduct, attitude, or demeanor toward opposing counsel. Conduct that may be characterized as uncivil, abrasive, abusive, hostile, or obstructive impedes the fundamental goal of resolving disputes rationally, peacefully, and efficiently. A lawyer owes the same duty to an opposing party who is pro se. IV. Lawyer and Judge Lawyers and judges owe each other respect, diligence, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the court and the profession. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 119 PROFESSIONAL RULES MINNESOTA COURT RULES Rules on Lawyers Professional Responsibility Effective January 1, 1977 With amendments effective through July 14, 2021 TABLE OF HEADNOTES Rule 1. 2. 3. 4. 5. 6. Definitions Purpose District Ethics Committee Lawyers Professional Responsibility Board Director Complaints 6Z. Complaints Involving Judges 7. 8. 9. District Committee Investigation Director's Investigation Panel Proceedings 10. Dispensing with Panel Proceedings 11. Resignation 12. Petition for Disciplinary Action 13. Answer to Petition for Disciplinary Action 14. Hearing on Petition for Disciplinary Action 15. Disposition; Protection of Clients 16. Temporary Suspension Pending Disciplinary Proceedings 17. Felony Conviction 18. Reinstatement 19. Effect of Previous Proceedings 20. Confidentiality; Expunction 21. Privilege; Immunity 22. Payment of Expenses 23. Supplemental Rules 24. Costs and Disbursements 25. Required Cooperation 26. Duties of Disciplined, Disabled, Conditionally Admitted, or Resigned Lawyer 27. Trustee Proceeding Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. PROFESSIONAL RULES 120 MINNESOTA COURT RULES 28. Disability Status 29. Ex Parte Communications 30. Administrative Suspension