# Wyo. R. Prof. Conduct 1.0: Rule 1.0. Terminology

> Wyoming · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_0

## Section

- **Citation:** Wyo. R. Prof. Conduct 1.0
- **Heading:** Rule 1.0. Terminology
- **Jurisdiction:** Wyoming
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wyoming Court Rules / Rules of Professional Conduct for Attorneys at Law / Wyo. R. Prof. Conduct 1.0

## Text

(a) “Belief” or “believes” denotes that the person involved actually supposed
the fact in question to be true. A person’s belief may be inferred from
circumstances.
(b) “Conﬁdential information” is information provided by the client or
relating to the client which is not otherwise available to the public.
(c) “Conﬁrmed in writing” when used in reference to the informed consent of
a person, denotes an informed consent that is given in writing by the person or
a writing that a lawyer promptly transmits to the person conﬁrming the oral
informed consent. See paragraph (f) for the deﬁnition of “informed consent.” If
it is not feasible to obtain or transmit the writing at the time the person gives
informed consent, then the lawyer must obtain or transmit it within a
reasonable time thereafter.
(d) “Firm” or “law ﬁrm” denotes a lawyer or lawyers in a law partnership,
professional corporation, sole proprietorship or other association authorized to
practice law; or lawyers employed in a legal services organization or the legal
department of a corporation or other organization.
(e) “Fraud” or “fraudulent” denotes conduct that is fraudulent under the
substantive or procedural law of the applicable jurisdiction and has a purpose
to deceive.
(f) “Informed consent” denotes the agreement by a person to a proposed
course of conduct after the lawyer has communicated adequate information
and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
(g) “Knowingly,” “known,” or “knows” denotes actual knowledge of the fact in
question. A person’s knowledge may be inferred from circumstances.
(h) “Partner” denotes a member of a partnership, a shareholder in a law ﬁrm
organized as a professional corporation, or a member of an association
authorized to practice law.
(i) “Reasonable” or “reasonably” when used in relation to conduct by a
lawyer denotes the conduct of a reasonably prudent and competent lawyer.
of the fact in
question. A person’s knowledge may be inferred from circumstances.
(h) “Partner” denotes a member of a partnership, a shareholder in a law ﬁrm
organized as a professional corporation, or a member of an association
authorized to practice law.
(i) “Reasonable” or “reasonably” when used in relation to conduct by a
lawyer denotes the conduct of a reasonably prudent and competent lawyer.
(j) “Reasonable belief” or “reasonably believes” when used in reference to a
lawyer denotes that the lawyer believes the matter in question and that the
circumstances are such that the belief is reasonable.
(k) “Reasonably should know” when used in reference to a lawyer denotes
that a lawyer of reasonable prudence and competence would ascertain the
matter in question.
(l) “Screened” denotes the isolation of a lawyer from any participation in a
matter through the timely imposition of procedures within a ﬁrm that are
reasonably adequate under the circumstances to protect information that the
isolated lawyer is obligated to protect under these Rules or other law.
(m) “Substantial” when used in reference to degree or extent denotes a
material matter of clear and weighty importance.
(n) “Tribunal” denotes a court, an arbitrator in a binding arbitration
proceeding or a legislative body, administrative agency or other body acting in
an adjudicative capacity. A legislative body, administrative agency or other
body acts in an adjudicative capacity when a neutral official, after the
presentation of evidence or legal argument by a party or parties, will render a
binding legal judgment directly affecting a party’s interests in a particular
matter.
tion
proceeding or a legislative body, administrative agency or other body acting in
an adjudicative capacity. A legislative body, administrative agency or other
body acts in an adjudicative capacity when a neutral official, after the
presentation of evidence or legal argument by a party or parties, will render a
binding legal judgment directly affecting a party’s interests in a particular
matter.
(o) “Writing” or “written” denotes a tangible or electronic record of a
communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or video recording and electronic communication. A “signed” writing includes an electronic sound, symbol or process
attached to or logically associated with a writing and executed or adopted by a
person with the intent to sign the writing.
Comment.— Conﬁrmed in Writing. [1] If it is not feasible to obtain or
transmit a written conﬁrmation at the time the client gives informed consent,
then the lawyer must obtain or transmit it within a reasonable time thereafter.
If a lawyer has obtained a client’s informed consent, the lawyer may act in
reliance on that consent so long as it is conﬁrmed in writing within a reasonable
time thereafter.
Firm. [2] Whether two or more lawyers constitute a ﬁrm within paragraph
(d) can depend on the speciﬁc facts. For example, two practitioners who share
office space and occasionally consult or assist each other ordinarily would not
be regarded as constituting a ﬁrm. However, if they present themselves to the
public in a way that suggests that they are a ﬁrm or conduct themselves as a
ﬁrm, they should be regarded as a ﬁrm for purposes of the Rules. The terms
of any formal agreement between associated lawyers are relevant in determining whether they are a ﬁrm, as is the fact that they have mutual access to
information concerning the clients they serve. Furthermore, it is relevant in
doubtful cases to consider the underlying purpose of the Rule that is involved
ct themselves as a
ﬁrm, they should be regarded as a ﬁrm for purposes of the Rules. The terms
of any formal agreement between associated lawyers are relevant in determining whether they are a ﬁrm, as is the fact that they have mutual access to
information concerning the clients they serve. Furthermore, it is relevant in
doubtful cases to consider the underlying purpose of the Rule that is involved.
A group of lawyers could be regarded as a ﬁrm for purposes of the Rule that
the same lawyer should not represent opposing parties in litigation, while it
might not be so regarded for purposes of the Rule that information acquired
by one lawyer is attributed to another.
[3] With respect to the law department of an organization, including the
government, there is ordinarily no question that the members of the department constitute a ﬁrm within the meaning of the Rules of Professional
Conduct. There can be uncertainty, however, as to the identity of the client.
For example, it may not be clear whether the law department of a corporation
represents a subsidiary or an affiliated corporation, as well as the corporation
by which the members of the department are directly employed. A similar
question can arise concerning an unincorporated association and its local
affiliates.
[4] Similar questions can also arise with respect to lawyers in legal aid
and legal services organizations. Depending upon the structure of the
organization, the entire organization or different components of it may
constitute a ﬁrm or ﬁrms for purposes of these Rules.
Fraud. [5] When used in these Rules, the terms “fraud” or “fraudulent”
refer to conduct that is characterized as such under the substantive or
procedural law of the applicable jurisdiction and has a purpose to deceive.
This does not include merely negligent misrepresentation or negligent failure
to apprise another of relevant information. For purposes of these Rules, it is
not necessary that anyone has suffered damages or relied on the misrepresentation or failure to inform
o conduct that is characterized as such under the substantive or
procedural law of the applicable jurisdiction and has a purpose to deceive.
This does not include merely negligent misrepresentation or negligent failure
to apprise another of relevant information. For purposes of these Rules, it is
not necessary that anyone has suffered damages or relied on the misrepresentation or failure to inform.
Informed Consent. [6] Many of the Rules of Professional Conduct require
the lawyer to obtain the informed consent of a client or other person (e.g., a
former client or, under certain circumstances, a prospective client) before
accepting or continuing representation or pursuing a course of conduct. See,
e.g., Rules 1.2(c), 1.6(a) and 1.7(b). The communication necessary to obtain
such a consent will vary according to the Rule involved and the circumstances
giving rise to the need to obtain an informed consent. The lawyer must make
reasonable efforts to ensure that the client or other person possesses information reasonably adequate to make an informed decision. Ordinarily, this will
require communication that includes a disclosure of the facts and circumstances giving rise to the situation, any explanation reasonably necessary to
inform the client or other person of the material advantages and disadvantages of the proposed course of conduct and a discussion of the client’s or other
person’s options and alternatives. In some circumstances it may be appropriate for a lawyer to advise a client or other person to seek the advice of other
counsel. A lawyer need not inform a client or other person of facts or
implications already known to the client or other person; nevertheless, a
lawyer who does not personally inform the client or other person assumes the
risk that the client or other person is inadequately informed and the consent
is invalid
e appropriate for a lawyer to advise a client or other person to seek the advice of other
counsel. A lawyer need not inform a client or other person of facts or
implications already known to the client or other person; nevertheless, a
lawyer who does not personally inform the client or other person assumes the
risk that the client or other person is inadequately informed and the consent
is invalid. In determining whether the information and explanation provided
are reasonably adequate, relevant factors include whether the client or other
person is experienced in legal matters generally and in making decisions of
the type involved, and whether the client or other person is independently
represented by other counsel in giving the consent. Normally, such persons
need less information and explanation than others, and generally a client or
other person who is independently represented by other counsel in giving the
consent should be assumed to have given informed consent.
[7] Obtaining an informed consent will usually require an affirmative
response by the client or other person. In general, a lawyer may not assume
consent from a client’s or other person’s silence. Consent may be inferred,
however, from the conduct of a client or other person who has reasonably
adequate information about the matter. A number of Rules require that a
person’s consent be conﬁrmed in writing. See Rules 1.7(b) and 1.9(a). For a
deﬁnition of “writing” and “conﬁrmed in writing,” see paragraphs (o) and (c).
Other Rules require that a client’s consent be obtained in a writing signed by
the client. See, e.g., Rules 1.8(a) and (g). For a deﬁnition of “signed” see
paragraph (o).
Screened. [8] This deﬁnition applies to situations where screening of a
personally disqualiﬁed lawyer is permitted to remove imputation of a conﬂict
of interest under Rules 1.10, 1.11, 1.12 or 1.18.
[9] The purpose of screening is to assure the affected parties that conﬁdential information known by the personally disqualiﬁed lawyer remains protected
. For a deﬁnition of “signed” see
paragraph (o).
Screened. [8] This deﬁnition applies to situations where screening of a
personally disqualiﬁed lawyer is permitted to remove imputation of a conﬂict
of interest under Rules 1.10, 1.11, 1.12 or 1.18.
[9] The purpose of screening is to assure the affected parties that conﬁdential information known by the personally disqualiﬁed lawyer remains protected. The personally disqualiﬁed lawyer should acknowledge the obligation
not to communicate with any of the other lawyers in the ﬁrm with respect to
the matter. Similarly, other lawyers in the ﬁrm who are working on the matter
should be informed that the screening is in place and that they may not
communicate with the personally disqualiﬁed lawyer with respect to the
matter. Additional screening measures that are appropriate for the particular
matter will depend on the circumstances. To implement, reinforce and remind
all affected lawyers of the presence of the screening, it may be appropriate for
the ﬁrm to undertake such procedures as a written undertaking by the
screened lawyer to avoid any communication with other ﬁrm personnel and
any contact with any ﬁrm ﬁles or other information, including information in
electronic form, relating to the matter, written notice and instructions to all
other ﬁrm personnel forbidding any communication with the screened lawyer
relating to the matter, denial of access by the screened lawyer to ﬁrm ﬁles or
other information, including information in electronic form, relating to the
matter and periodic reminders of the screen to the screened lawyer and all
other ﬁrm personnel.
[10] In order to be effective, screening measures must be implemented as
soon as practical after a lawyer or law ﬁrm knows or reasonably should know
that there is a need for screening.
CLIENT-LAWYER RELATIONSHIP

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_0. Check the current official text before relying on it. Not legal advice.