Ethics, Professional Responsibility, and Conflicts of Interest
Core Duties
A candidate must understand the duties of competence, diligence, communication, confidentiality, loyalty, and candor to the tribunal. Know the difference between confidential information and privileged communications, and the exceptions permitting disclosure to prevent serious harm or to comply with law. Understand the duty of competence includes technological awareness where relevant.
Conflicts of Interest
Study concurrent conflicts (directly adverse, material limitation) and the requirements for informed consent confirmed in writing. Understand former-client conflicts, imputation across a firm, and screening. Know the rules on business transactions with clients, gifts, and personal interests. Understand the prohibition on representing both sides in litigation.
Fees, Trust, and Advertising
Understand reasonableness of fees, the prohibition on contingent fees in criminal matters, and the strict handling of client trust funds, including commingling prohibitions and recordkeeping. Know the limits on advertising, solicitation, and referral fees, and the rules on withdrawing from representation.
Traps and Rule of Thumb
Traps: assuming a conflict is cured by disclosure alone (consent must be informed and often written); confusing confidentiality with privilege; overlooking imputed disqualification. Rule of thumb: when loyalty and interest collide, ask whether a reasonable lawyer would believe the representation could be materially limited. If yes, obtain informed consent or decline.