Legal Ethics and Professional Responsibility
Legal Ethics and Professional Responsibility
This domain tests the lawyer’s duties to clients, courts, third parties, and the profession. Questions often present a conflict, a confidentiality problem, or a candor issue and ask what the lawyer must do, may do, or must refuse to do.
Core rules
- Competence and diligence: Handle matters with the knowledge, skill, thoroughness, and preparation reasonably necessary; keep the client informed and abide by decisions reserved to the client.
- Confidentiality: Do not reveal information relating to the representation without informed consent, except to prevent reasonably certain death or substantial bodily harm, to comply with law or court order, or to defend against a claim by the client. Confidentiality is broader than privilege.
- Conflicts: A concurrent conflict exists when representation of one client will be directly adverse to another or materially limited by duties to another. Informed consent, confirmed in writing, may cure some conflicts; some are non-consentable.
- Candor to the court: Do not knowingly make false statements, offer false evidence, or fail to disclose adverse legal authority in the controlling jurisdiction. If a client insists on testifying falsely, the lawyer must seek to withdraw and may disclose only what is necessary to prevent fraud on the court.
- Property and fees: Keep client funds separate, account promptly, and charge reasonable fees.
Worked example
Lawyer L represents Company C in a contract dispute. L also advises Director D personally on a separate matter that could affect D’s liability to C. If L’s advice to D could be materially limited by L’s duty to C, a concurrent conflict exists. L must disclose the conflict to both, explain the risks, obtain informed consent confirmed in writing, and reasonably believe competent representation is possible. If the matters are directly adverse in litigation, consent may be unavailable.
Traps
Do not equate confidentiality with attorney-client privilege; privilege is an evidence rule and narrower. Do not assume written consent cures every conflict. Do not reveal client secrets to “correct” a client’s false statement beyond what is necessary. Do not commingle client funds.