Professional Responsibility
Scope
Kansas Rules of Professional Conduct governing competence, confidentiality, conflicts, fees, trust accounts, candor, and advocacy.
Core rules
- Competence and diligence require legal knowledge, skill, thoroughness, and preparation; communication requires keeping the client reasonably informed.
- Confidentiality under KRPC 1.6 is broad; disclosure is permitted to prevent reasonably certain death or substantial bodily harm and as required by law, but not to cure embarrassment.
- Conflicts: KRPC 1.7 governs current-client conflicts; KRPC 1.9 governs former clients; informed consent confirmed in writing may cure some conflicts, but not when representation is prohibited by law or involves the same matter against a former client.
- Trust funds under KRPC 1.15 must be held in trust, kept separate, and accounted for; commingling is prohibited.
- Candor under KRPC 3.3 requires correcting false statements to the tribunal; if a client testifies falsely, the lawyer must remonstrate, seek withdrawal, and disclose to the tribunal if necessary.
Worked example
Lawyer L represents Client C in a contract case. L discovers C intends to testify falsely about signing the contract. L must advise C to testify truthfully, seek to withdraw if C insists, and, under KRPC 3.3, take reasonable remedial measures, including disclosure to the court if the false testimony has been offered.
Traps
Treating confidentiality as absolute; using a conflict waiver without informed consent; commingling fees and client funds; and remaining silent when a client offers false evidence.