Legal Ethics, Professional Conduct, and Advocacy Rules
Duties of the Lawyer
Understand the core duties: loyalty to the client, confidentiality, competence, avoidance of conflicts of interest, and candour to the court. Know the rules on fees (no contingency fees in litigation), client funds (separate accounts), and the prohibition on representing conflicting parties.
Advocacy Rules
Study courtroom conduct: duties of honesty, no misleading the court, no contact with the opposing party who is represented, and proper handling of evidence. Know the rules on advertising and solicitation, and the prohibition on sharing fees with non-lawyers.
Discipline
Understand the disciplinary process: complaints, investigation, and sanctions ranging from warning to suspension or disbarment. Know the grounds for discipline: misconduct, negligence, breach of confidentiality, and conflict of interest.
Traps
Common traps: assuming a lawyer may act for both sides with consent (generally prohibited); treating contingency fees as permissible in litigation (they are restricted); and overlooking the duty to decline a matter where a conflict exists. Questions also test whether a lawyer may reveal client confidences to defend against a fee claim - limited disclosure may be permitted.
Rule of thumb
When in doubt on an ethics question, choose the answer that protects the client's confidence and the integrity of the court, even at cost to the lawyer.