Advocate Ethics and Professional Conduct
What this domain tests
This domain tests the Code of Professional Ethics of Advocates and the Law on Advocates: loyalty, confidentiality, conflicts of interest, competence, fees, advertising, and relations with courts and colleagues. Ethical questions usually turn on a concrete conflict or confidentiality risk.
Core rules
- Loyalty requires the advocate to act in the client’s lawful interests and avoid personal or third-party interests that could affect judgment.
- A conflict check must be done before accepting the mandate. A current-client conflict generally cannot be cured by consent; a former-client conflict requires careful analysis of whether confidential information is relevant.
- Advocate secrecy continues after the retainer ends and after the client’s death. It covers documents, communications, and information obtained from third parties in the matter.
- Fees must be agreed in writing and be reasonable. Contingency fees in criminal defense are restricted or prohibited; an advocate must not tie compensation to a particular procedural outcome where the law forbids it.
- Advertising must be truthful and dignified. Promising guaranteed results, disclosing client identities, or implying official status is improper.
Worked example
An advocate is asked to represent a company against a former client she advised on the same contract. She should decline: the matters are substantially related, and she may possess confidential information material to the new dispute. The former client’s consent does not automatically cure the risk because the new client’s interests are directly adverse. She should document the conflict check and refer the company to independent counsel.
Traps that cost marks
Believing client consent cures every conflict; assuming confidentiality ends at termination; accepting a percentage of a criminal fine; and using client names in marketing without specific authorization.