Professional Ethics and Attorney Discipline
Core concepts
Know the core duties: competence, diligence, confidentiality, loyalty, avoidance of conflicts of interest, candor to the tribunal, and fairness to opposing counsel. Understand the attorney-client privilege and its limits (future crime, client consent, court order). Study conflict rules: concurrent conflicts (between current clients, or personal interest) and successive conflicts (former clients). Learn the rules on fees, trust accounts, and safekeeping of client property. Understand the duty to decline or withdraw from representation when continued service would violate law or ethics, and the limits on disclosure of client information. Know the disciplinary process and the range of sanctions.
Traps
Examiners test whether a conflict is waivable - informed consent may cure some conflicts but not those that would materially limit representation or involve prohibited transactions. Another trap is confidentiality versus privilege: confidentiality is broader and survives the relationship; privilege is an evidentiary rule. Watch for questions on candor: counsel may not present evidence known to be false.
Rule of thumb
When a conflict appears, ask: Is it current or former client? Is it consentable? Would it materially limit the representation? If consent is possible, obtain informed written consent; if not, decline or withdraw.
Worked example
A lawyer represents two co-defendants whose defenses are antagonistic. Each may consent, but if the conflict is non-consentable because defenses directly conflict, the lawyer must withdraw from both.