Legal Ethics and Professional Responsibility
Core duties
Lawyers owe duties to clients (competence, diligence, communication, confidentiality, loyalty, avoiding conflicts of interest), to courts (candor, no frivolous claims, no false evidence), to third parties (no fraud or misrepresentation), and to the profession (integrity, advertising rules, fees). Attorney-client privilege protects confidential communications; it belongs to the client and survives termination. Confidentiality is broader than privilege. Conflicts of interest require disclosure and consent, or withdrawal where consent is unavailable.
Conduct rules
Competence includes legal knowledge, skill, preparation, and, where appropriate, technology. Fees must be reasonable; contingency fees are restricted in criminal and certain family matters. Client funds must be held in trust and kept separate. Withdrawal is permitted or required in specified circumstances, and a lawyer must avoid prejudice to the client. Candor to the tribunal requires correcting false statements and disclosing adverse legal authority. Pro bono service and continuing education are encouraged or required.
Traps
- Confusing confidentiality with privilege; privilege is narrower and evidentiary.
- Assuming a conflict is cured by consent in all cases; some conflicts are non-consentable.
- Missing that a lawyer may not assist client fraud or perjury.
- Treating fee agreements as unenforceable if not in writing; many jurisdictions require writing for contingency fees.
- Overlooking the duty to communicate settlement offers.
Rule of thumb
When in doubt, ask: Whose interest is at stake, and would disclosure or withdrawal protect it?
Worked example
A lawyer discovers the client intends to testify falsely. The lawyer must counsel against it and, if the client persists, may seek to withdraw and must take reasonable steps to prevent the false testimony, without disclosing privileged communications beyond what the rules permit.