Advocate Ethics and Professional Conduct
Core duties
An advocate owes duties to the client, the court, the profession, and the public. Master independence, confidentiality (including after the relationship ends), conflict-of-interest rules, competence, diligence, and honesty. Know the rules on fees, advertising, referral arrangements, and the handling of client funds. Understand the advocate's duty not to mislead the court and to respect the dignity of the profession.
Conflicts and confidentiality
A conflict arises when the advocate's own interest or another client's interest may materially affect representation. The advocate must decline or obtain informed consent where permitted. Confidentiality covers all information learned in the relationship; exceptions are narrow and typically require client consent or legal compulsion.
Discipline
Know the grounds for disciplinary liability, the bodies that hear complaints, and the sanctions (warning, reprimand, suspension, disbarment). Understand procedural guarantees in disciplinary proceedings.
Traps
Common traps: assuming confidentiality ends with the mandate; accepting a case with a clear conflict; and treating the duty to the client as superior to the duty to the court. Another trap is confusing disciplinary liability with civil liability for malpractice.
Rule of thumb
When ethics and advantage conflict, ask: would I be comfortable explaining this to the bar and the court? If not, decline.