Mango Bar Code of Practice

[Malliki]

MANGO BAR CODE OF PRACTICE

PREAMBLE
The Rules of Professional Conduct are rules of reason. Some rules, generally cast in the term "may," are permissive and define areas under the rules in which the Advocate has professional discretion. No disciplinary action should be taken when the Advocate chooses not to act or acts within the bounds of such discretion. Other rules define the nature of relationships between the Advocate and others. The rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define an Advocate's professional role.

RULE I - ADVOCATE-CLIENT RELATIONSHIP

1.1 Competence
An Advocate shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. An Advocate must have passed the Mango Bar Exam before beginning to practice.

1.2 Scope of Representation
(a) Advocate to Abide by Client's Decisions. An Advocate shall abide by a client's decisions concerning the objectives of representation. An Advocate shall abide by a client's decision whether to make or accept an offer of settlement of a matter. In a criminal case, the Advocate shall abide by the client's decision, after consultation with the Advocate, as to a plea to be entered, and whether the client will testify.

(b) Criminal or Fraudulent Conduct. An Advocate shall not counsel a client to engage, or assist a client, in conduct that the Advocate knows or reasonably should know is criminal or fraudulent. However, an Advocate may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law.

(c) Limitation on Advocate's Conduct. When an Advocate knows or reasonably shou know that a client expects assistance not permitted by the Rules of Professional Conduct or by law, the Advocate shall consult with the client regarding the relevant limitations on the Advocate's conduct.

1.3 Diligence
An Advocate shall act with reasonable diligence and promptness in representing a client.

1.4 Communication
(a) Informing Client of Status of Representation. An Advocate shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.

(b) Duty to Explain Matters to Client. An Advocate shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

1.5 Fees

(a) Illegal, Prohibited, or Clearly Excessive Fees. An attorney shall not enter into an agreement for, charge, or collect an illegal, prohibited, or clearly excessive fee. A fee is clearly excessive when:
(1) after a review of the facts, an Advocate of ordinary prudence would be left with a definite and firm conviction that the fee exceeds a reasonable fee for services provided to such a degree as to constitute clear overreaching or an unconscionable demand by the attorney; or

(2) the fee is sought or secured by the Advocate by means of intentional misrepresentation or fraud upon the client, a nonclient party, or any court, as to either entitlement to, or amount of, the fee.

1.6 Confidentiality of Information

(a) Consent Required to Reveal Information. An Advocate shall not reveal information relating to representation of a client except as stated in subsections (b) and (c), unless the client consents after disclosure to the client.

(b) When Advocate Must Reveal Information. An Advocate shall reveal such information to the extent the Advocate reasonably believes necessary:

(1) to prevent a client from committing a crime;

(2) when ordered to do so by the Imperial Judex (or other duly appointed representative).

(c) When Advocate May Reveal Information. An Advocate may reveal such information to the extent the Advocate reasonably believes necessary:

(1) to serve the client's interest unless it is information the client specifically requires not to be disclosed;

(2) to establish a defense to a criminal charge or civil claim against the Advocate based upon conduct in which the client was involved;

(3) to respond to allegations in any proceeding concerning the Advocate's representation of the client; or

(4) to comply with the Code of Practice.

(d) Limitation on Amount of Disclosure. When disclosure is mandated or permitted, the Advocate shall disclose no more information than is required to meet the requirements or accomplish the purposes of this rule.

1.7 Conflict of Interests

(a) Representing Adverse Interests. An Advocate shall not represent a client if the representation of that client will be directly adverse to the interests of another client, unless:

(1) the Advocate reasonably believes the representation will not adversely affect the Advocate's responsibilities to and relationship with the other client; and

(2) each client consents after consultation.

Rule 2 - General Code of Conduct

2.1 Prohibitions
All Mango Bar members and Advocates shall not:
(a) knowingly make a false statement of material fact or law; or

(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by rule 1.6;

(c) violate or attempt to violate the Code of Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(d) commit a criminal act that reflects adversely on the Advocate's honesty, trustworthiness, or fitness as a Advocate in other respects;

(e) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

(f) state or imply an ability to influence improperly a government agency or official;

(g) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law;

(h) fail to respond, in writing, to any official inquiry by a disciplinary agency, when such agency is conducting an investigation into the Advocate's conduct;

(i) fail to act professionally in any hearing involving the Imperial Judex. Acting professionally includes, but is not limited to:
i) communicating in proper English
ii) addressing the Arbiter and the other participants of the hearing with respect
iii) refraining from violating general "netiquette" (i.e. CAPSLOCK, excessive punctuation!!!)

2.2 Punishments
When an Advocate of the Bar violates the Code of Conduct, the Arbiter (or other duly appointed representative) may choose to impose any or all of the following sanctions, depending on the nature of the offense:
(a) Warning
(b) Fine
(c) Temporary Suspension from Practice
(d) Disbarment