Legal Ethics and Professional Responsibility
Legal Ethics and Professional Responsibility tests the duties of Liberian lawyers: competence, confidentiality, conflicts, candor, fees, trust accounts, advertising, and discipline. The Supreme Court regulates admission and professional discipline, with the Liberian National Bar Association active in the profession.
Core rules
- A lawyer must provide competent representation, act diligently, and communicate with the client.
- Confidentiality protects information relating to the representation and continues after the relationship ends. Exceptions are narrow, such as client consent or preventing serious harm.
- A concurrent conflict exists when representation of one client is directly adverse to another or materially limits the lawyer's responsibilities. The lawyer must decline unless the conflict is consentable, both clients give informed consent, and the lawyer reasonably believes competent representation is possible.
- Candor to the tribunal requires disclosing adverse legal authority and avoiding false statements. A lawyer may not counsel or assist fraud.
- Fees must be reasonable. Client funds must be kept separately and not commingled with the lawyer's own money.
- Advertising must not be false or misleading.
Worked example
Lawyer L is asked to represent both Buyer and Seller in a land sale. Their interests are directly adverse on price, title, and risk. L must decline unless the conflict is consentable, both give informed consent, and L reasonably believes the joint representation can be competent and loyal. In litigation, joint representation is generally nonconsentable. If L proceeds without proper consent, discipline may follow.
Traps
Do not assume client consent cures every conflict. Do not commingle trust funds. Do not disclose client information to defend a fee dispute unless the rules permit it. Avoid misleading advertising. Confidentiality survives termination.