Legal Ethics and Professional Conduct
Core concepts
Understand the advocate's duties to the court, to the client, to opponents, and to the profession. Study confidentiality, conflict of interest, competence, and diligence. Learn the rules on fees, referral, and advertising. Cover honesty in pleadings, candour to the court, and the duty not to mislead. Know disciplinary procedure and sanctions.
Traps
Questions test the conflict between client interest and duty to the court. Confidentiality survives the retainer but may yield to a court order. A lawyer may not act where a conflict exists, even with consent in some cases. Zealous advocacy does not permit misleading the court. Withdrawal requires leave and protection of the client's interests.
Worked example
A client admits past perjury to his lawyer. The lawyer must not disclose it but must not continue to rely on that evidence. He should advise the client to correct the record; if refused, he may seek to withdraw without disclosing the reason.
Rule of thumb
When duties clash, duty to the court prevails over client interest; confidentiality yields only to law or informed consent.