Professional Ethics, Confidentiality, and Disciplinary Rules
Duties to the client and court
A judicial scrivener or court professional must act competently, diligently, and in the client’s best interest within the law. Confidentiality covers all information learned in the relationship, including after the relationship ends. Conflicts of interest must be checked before acceptance and throughout the matter; a concurrent conflict requires informed consent or withdrawal. Fees must be reasonable, disclosed, and not contingent on improper conduct. Client funds must be held separately and accounted for.
Discipline
Misconduct includes dishonesty, unauthorized disclosure, commingling funds, practicing beyond competence, and failing to communicate. Discipline may range from reprimand to suspension or disbarment. Courts may also refer conduct for criminal investigation.
Worked example. A scrivener accepts a matter, then learns that the opposing party is a long-standing client in an unrelated case. The two matters are not substantially related, but the second client’s confidential information could be relevant. The scrivener must disclose the conflict, obtain informed consent from both, or decline. If the matters are substantially related, consent may be insufficient and withdrawal is required.
Traps
- Disclosing client information to family or staff without authority.
- Commingling client and office funds.
- Assuming a conflict disappears because the client consents orally.
- Advertising outcomes in a misleading way.