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Case 22-1426, Document 77, 156 3536038, Page158 of 258 Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 156 of 348 is subject to all rules of the court.!”? Attorney Admission Rule 6(b)(2)(A) makes clear that attorneys practicing before the court are subject to the Florida Bar’s Rules of Professional Conduct (FRPC). Moreover, the choice-of-law provisions contained within the relevant state’s rules of professional conduct make the FRPC applicable to their conduct. 1. FRPC 4-1.1 — Competence FRPC 4-1.1 requires that a lawyer provide competent representation to a client.?° Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. A comment to the rule clarifies that the factors relevant to determining a lawyer’s competence to handle a particular matter include “the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field in question, the preparation and study the lawyer is able to give the matter, and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field.” The comment further notes that “[i]n many instances the required proficiency is that of a general practitioner.” With respect to particular matters, competence requires inquiry into and analysis of the factual and legal elements of the problem. The comment to Rule 4-1.1 explains that “[t]he required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more extensive treatment than matters of lesser complexity and consequence.” 2. FRPC 4-1.3 — Diligence FRPC 4-1.3 specifies that a lawyer should act with reasonable diligence and promptness in representing a client. A comment to this rule explains, “A lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor.” A lawyer must exercise “zeal” in advocating for the client, but is not required “to press for every advantage that might be realized for a client.” 3. FRPC 4-4.1 — Candor in Dealing with Others FRPC 4-4.1 prohibits a lawyer from knowingly making a false statement of material fact or law to a third person during the course of representation of a client. A comment to this rule explains that “[mJisrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements,” and “[w]hether a particular statement should be regarded as one of fact can depend on the circumstances.” ie See also 28 U.S.C. § 530B(a), providing that government attorneys are subject to state laws and state and local federal court rules governing attorneys in each state where the government attorney engages in his duties. 200 The federal prosecutor does not have an individual “client,” but rather represents the people of the United States. See generally 28 U.S.C. § 547 (duties of U.S. Attorney); 28 C.F.R. § 0.5(b) (the Attorney General represents the United States in legal matters). 130 DOJ-OGR-00021330