Evidence and Legal Ethics / Professional Responsibility
Core concepts
Evidence covers relevance, admissibility, burdens and standards of proof, witness testimony, documentary evidence, and expert opinion. Ethics covers confidentiality, conflicts of interest, competence, and candor to the tribunal.
Traps
Questions often test whether privileged communications are admissible; attorney-client privilege survives termination of the relationship. Another trap is the duty of confidentiality versus the duty to disclose to the court. Watch for conflicts of interest arising from representing both sides.
Worked example
A lawyer learns of a client's past crime during representation. The duty of confidentiality generally bars disclosure unless an exception applies. Rule of thumb: identify the duty (confidentiality, candor, competence) before deciding.
Exam strategy
For ethics questions, name the duty, the exception, and the consequence; for evidence, test relevance before admissibility.