Legal Ethics and Professional Responsibility: Trust and Candour
Legal ethics tests the standards that make a lawyer's work trustworthy: competence, confidentiality, loyalty, candour to the court, and the handling of client money. The rules come from statute and professional codes, enforced by disciplinary bodies and, where relevant, by courts.
Core duties
- Competence and diligence, plus communication sufficient for the client to make informed decisions; scope and fees agreed, preferably in writing.
- Confidentiality covers all information arising from the representation and generally survives termination of the retainer.
- Loyalty: no acting against a current client in a related matter; conflicts must be identified, disclosed, and cured by informed consent where the rules permit.
- Candour: a lawyer must not present false evidence or mislead the court, even on client instruction.
- Client funds belong in a separate trust account, separately accounted for, and must not be mixed with office money.
Worked example
Counsel learns during trial that the client's alibi witness intends to lie. Reasoning: the duty of candour prevails. Counsel must decline to call the witness, may not reveal the client's confidences to explain the decision, and may apply to withdraw, taking care that the application itself does not disclose privileged information.
Traps
- Treating confidentiality as absolute; it yields to consent, court orders, and the prevention of serious harm.
- Accepting a retainer that conflicts with the lawyer's own interest without disclosure.
- Commingling client money with office funds, or using one client's money for another.
- Acting for both sides of a transaction on the assumption that consent is automatic.