Professional Responsibility - Duties to Client, Court, and Third Parties
Professional Responsibility tests the Model Rules: competence, confidentiality, conflicts, fees, candor, advertising, and withdrawal. Ask what the lawyer owes the client, the court, and third parties.
Core duties
- Competence requires legal knowledge, skill, thoroughness, and preparation.
- Confidentiality under Rule 1.6 is broad; disclosure is permitted to prevent death or substantial bodily harm or to comply with law.
- Concurrent conflicts require informed consent if the representation is not prohibited; former-client conflicts require consent if substantially related.
- Candor to the tribunal prohibits false statements and requires correction of material misstatements. Advertising must not be false or misleading.
Worked example
A lawyer represents a client charged with fraud. The client tells the lawyer he intends to testify falsely. The lawyer may not counsel or assist the false testimony. The lawyer must attempt to persuade the client to testify truthfully; if the client refuses, the lawyer may seek to withdraw and must disclose the perjury to the court if it has already occurred.
Traps
Do not confuse confidentiality with the attorney-client privilege. Do not accept a conflict merely because both clients consent. Do not use candor as a license to reveal past crimes.