NCA Professional Responsibility key terms

The duty to possess and apply the legal knowledge, skill, thoroughness, and preparation reasonably necessary to represent a client, or to decline or withdraw from work you cannot handle adequately.

The duty to pursue a client's matter with reasonable promptness and commitment, avoiding neglect, missed deadlines, and unexplained delay in communications or filings.

The duty to keep a client reasonably informed about case status, promptly answer reasonable requests for information, and explain matters enough for the client to make informed decisions.

The broad ethical duty not to reveal information relating to the representation of a client, covering both privileged and non-privileged information learned during the engagement.

An evidence rule protecting confidential communications between client and lawyer made to obtain legal advice, preventing compelled disclosure by the client or the lawyer.

An evidence protection for materials a lawyer prepares in anticipation of litigation, shielding opinions, mental impressions, and strategy from discovery by opposing parties.

A situation where a lawyer's own interests, or duties to another client or former client, create a substantial risk that representation will be materially limited or disloyal.

Arises when representing two current clients whose interests are directly adverse, or when representation of one is materially limited by duties to another current client or third party.

Arises when a lawyer moves to a matter substantially related to a prior client's representation, where the new client's interests are materially adverse to the former client's.

The rule that one lawyer's disqualifying conflict generally extends to every lawyer in the same firm, subject to screening and waiver exceptions in defined circumstances.

A client's agreement to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks and reasonably available alternatives.

The obligation to act solely for the client's benefit in a matter, avoiding personal interests, side deals, or relationships that could compromise independent professional judgment.

The overarching obligation of trust and good faith a lawyer owes a client, encompassing loyalty, confidentiality, safekeeping of property, and avoidance of self-dealing.

A dealing between lawyer and client that is permissible only if fair, fully disclosed in writing, and the client is advised to seek independent counsel and consents.

A segregated account, often interest-bearing for the client's benefit, where a lawyer holds client or third-party funds and must keep them separate from personal or firm money.

The improper mixing of client funds with the lawyer's own money or firm operating funds, prohibited even briefly and even when the client owes the lawyer fees.

The duty to identify, label, and securely hold client or third-party property, deliver it promptly when entitled, and render a full accounting on request.

The arrangement setting the basis or rate of the lawyer's fee, which must be communicated to the client, preferably in writing, before or within a reasonable time after starting work.

A fee payable only if the client obtains a recovery, usually a percentage of the amount recovered, requiring a written agreement and disclosure of the calculation method.

The standard requiring fees to reflect factors such as time, difficulty, skill, results, customary charges, and the nature of the client relationship, prohibiting clearly excessive charges.

A payment to secure a lawyer's availability, which may be earned on receipt or held as an advance against future work and kept in trust until earned.

The agreed boundaries of what the lawyer will and will not handle, which may be limited by client consent but cannot include assisting in fraud or illegal conduct.

A client whose ability to make considered decisions is impaired, requiring the lawyer to maintain a normal relationship as far as possible and protect the client's interests.

The end of the lawyer-client relationship, whether by completion of the matter, withdrawal, discharge by the client, or other lawful means, triggering duties to return files and refund unearned fees.

A lawyer's exit from a representation, which is mandatory when continuing would violate ethics rules and otherwise permitted only where it causes no material prejudice to the client.

The duty of honesty to a court, including disclosing adverse legal authority not cited by opposing counsel and refusing to offer evidence the lawyer knows is false.

The requirement that a lawyer assert only claims and defenses supported by law or by a good-faith argument for extension, modification, or reversal of existing law.

The duty to avoid obstructing another party's access to evidence, falsifying evidence, or making frivolous discovery requests, and to comply with reasonable requests for information.

Contact with a judge, juror, or other tribunal member about a pending matter without notice to opposing counsel, generally prohibited except as authorized by law or court rule.

Rules governing lawyer marketing, permitting truthful, non-misleading advertising while restricting in-person or live solicitation of prospective clients for pecuniary gain.

Advertising or client communication that contains false statements of material fact or omits facts necessary to avoid creating a misleading impression about the lawyer or services.

A payment to a person for recommending a lawyer's services, generally prohibited except for recognized reciprocal referral arrangements or payments to a lawyer's own firm.

Providing legal services without a license, assisting a nonlawyer in doing so, or practicing in a jurisdiction where the lawyer is not admitted to practice.

Limited permission for an out-of-state lawyer to provide legal services in a jurisdiction on a temporary basis, such as for a particular matter or in association with local counsel.

Temporary admission of an out-of-state lawyer to appear in a particular case before a court, typically requiring a sponsoring local lawyer and court approval.

A lawyer's duty to make reasonable efforts to ensure that subordinate lawyers and nonlawyer staff conform their conduct to the professional rules.

Conduct violating the ethics rules, including criminal acts reflecting on honesty, fraud, deceit, misrepresentation, and conduct prejudicial to the administration of justice.

Civil exposure for a lawyer's negligent or intentional failure to meet the standard of care owed to a client, typically proven through expert testimony on professional norms.

The duty to inform the appropriate professional authority when a lawyer knows another lawyer has committed a violation raising a substantial question about honesty, trustworthiness, or fitness.