(a) A lawyer shall
not enter into a business transaction
with a client or knowingly acquire an
ownership, possessory, security or other
pecuniary interest adverse to a client
unless:
(1) the
transaction and terms on which the
lawyer acquires the interest are
fair and reasonable to the client
and are fully disclosed and
transmitted in writing in a manner
that can be reasonably understood by
the client;
(2) the client is
advised in writing of the
desirability of seeking and is given
a reasonable opportunity to seek the
advice of independent legal counsel
on the transaction; and
(3) the client
gives informed consent, in a writing
signed by the client, to the
essential terms of the transaction
and the lawyer's role in the
transaction, including whether the
lawyer is representing the client in
the transaction.
(b) A lawyer shall
not use information relating to
representation of a client to the
disadvantage of the client unless the
client gives informed consent, except as
permitted or required by these Rules.
(c) A lawyer shall
not solicit any substantial gift from a
client, including a testamentary gift,
or prepare on behalf of a client an
instrument giving the lawyer or a person
related to the lawyer any substantial
gift unless the lawyer or other
recipient of the gift is related to the
client. For purposes of this paragraph,
related persons include a spouse, child,
grandchild, parent, grandparent or other
relative or individual with whom the
lawyer or the client maintains a close,
familial relationship.
(d) Prior to the
conclusion of representation of a
client, a lawyer shall not make or
negotiate an agreement giving the lawyer
literary or media rights to a portrayal
or account based in substantial part on
information relating to the
representation.
(e) A lawyer shall
not provide financial assistance to a
client in connection with pending or
contemplated litigation, except that:
(1) a lawyer may
advance court costs and expenses of
litigation, the repayment of which
may be contingent on the outcome of
the matter; and
(2) a lawyer
representing an indigent client may
pay court costs and expenses of
litigation on behalf of the client.
(f) A lawyer shall
not accept compensation for representing
a client from one other than the client
unless:
(1) the client
gives informed consent;
(2) there is no
interference with the lawyer's
independence of professional
judgment or with the client-lawyer
relationship; and
(3) information
relating to representation of a
client is protected as required by
Rule 1.6.
(g) A lawyer who
represents two or more clients shall not
participate in making an aggregate
settlement of the claims of or against
the clients, or in a criminal case an
aggregated agreement as to guilty or
nolo contendere pleas, unless each
client gives informed consent, in a
writing signed by the client. The
lawyer's disclosure shall include the
existence and nature of all the claims
or pleas involved and of the
participation of each person in the
settlement.
(h) A lawyer shall
not:
(1) make an
agreement prospectively limiting the
lawyer's liability to a client for
malpractice unless the client is
independently represented in making
the agreement; or
(2) settle a
claim or potential claim for such
liability with an unrepresented
client or former client unless that
person is advised in writing of the
desirability of seeking and is given
a reasonable opportunity to seek the
advice of independent legal counsel
in connection therewith.
(i) A lawyer shall
not acquire a proprietary interest in
the cause of action or subject matter of
litigation the lawyer is conducting for
a client, except that the lawyer may:
(1) acquire a
lien authorized by law to secure the
lawyer's fee or expenses; and
(2) contract with
a client for a reasonable contingent
fee in a civil case.
(j) A lawyer shall
not have sexual relations with a client
unless a consensual sexual relationship
existed between them when the
client-lawyer relationship commenced.
(k) While lawyers are
associated in a firm, a prohibition in
the foregoing paragraphs (a) through (i)
that applies to any one of them shall
apply to all of them.
