Ethics and Professional Responsibility
What this domain tests
Ethics and Professional Responsibility tests the rules that bind lawyers and the nonlawyer staff who assist them: confidentiality, conflicts, unauthorized practice, fees and trust accounting, candor, and supervision.
Core rules
- Confidentiality under Model Rule 1.6 is broad and survives the representation. Do not discuss client matters in hallways, elevators, social media, or with family.
- A conflict check must be run before opening a matter, and nonlawyer staff must report any personal or financial conflict to the lawyer.
- Nonlawyers may not give legal advice, set fees, or select a legal strategy. Explain that you are not the lawyer and route legal questions.
- Client funds belong in a trust account, separate from firm operating funds. Keep individual ledgers, disburse only cleared funds, and reconcile monthly under Rule 1.15.
- Supervise support staff under Rule 5.3; the lawyer remains responsible for the work product.
Worked example
A settlement check arrives payable to the client and the firm. The paralegal must not deposit it into the operating account. Deposit it into the firm's trust account, record the client ledger, wait for the check to clear, then disburse the client's share and the firm's earned fee only as authorized. Reasoning: commingling and premature disbursement violate Rule 1.15 and can expose the firm to discipline.
Traps
- Giving a 'quick answer' that is legal advice.
- Using client information in a blog or social post.
- Billing for clerical tasks as attorney time.
- Notarizing a signature without the signer present.
- Depositing cost advances into operating funds.