NG Bar Final Professional Ethics flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Duty to court

Counsel must not deceive the court, must cite adverse authority, and must correct any misstatement of law or fact previously made, even where this harms the client's position.

Client confidentiality

Information acquired in the professional relationship may not be disclosed without consent, court order, or to prevent a crime likely to cause death or serious harm.

Conflict of interest

A lawyer must decline or withdraw from a matter where a personal or former-client interest creates a substantial risk of materially limiting representation of the current client.

Duty of competence

A lawyer must possess and maintain the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation undertaken, including research and continuing education.

Reasonable fee

Fees must reflect the time, difficulty, skill required, customary charges, and result obtained; excessive or unconscionable fees are professional misconduct.

Contingency fee limits

Contingency arrangements are prohibited in criminal cases and in domestic relations matters where public policy forbids them; the agreement must be in writing.

Communication with represented party

A lawyer may not communicate about the subject of representation directly with a party known to be represented by counsel, absent that counsel's consent or legal authorization.

Withdrawal from representation

Once proceedings commence, withdrawal requires leave of court; counsel must protect client interests, return papers, and refund unearned fees.

Prosecutorial duty of fairness

A prosecutor must disclose exculpatory evidence, avoid inflaming the tribunal, and not pursue charges lacking probable cause; the role seeks justice, not convictions.

Advocate as witness

A lawyer generally may not act as advocate and witness in the same matter, except on formal matters or where testimony concerns uncontested issues.

Duty to account

Client funds must be kept in a separate client account, accounted for promptly, and not mixed with the lawyer's own money.

Advertising restrictions

Advertising must be dignified and truthful; solicitation of clients, payment of referral fees for cases, and misleading claims about competence or results are prohibited.

Privilege versus confidence

Legal professional privilege is a rule of evidence protecting communications from disclosure in court; confidentiality is a broader ethical duty covering all client information.

Conflict check procedure

Before accepting a retainer, counsel must run a conflict check against current and former clients, personal interests, and family interests, and document the outcome.

Informed consent

A client's agreement to a course of action must be given after full disclosure of material facts, risks, and alternatives, and must be voluntarily made.

Duty of diligence

Counsel must pursue a matter with reasonable promptness, keep the client informed, and respond to communications without unreasonable delay.

Candour to tribunal

Counsel must not offer evidence known to be false, must correct false statements, and must not mislead the court on the law or the facts.

Acting without instructions

Counsel must act on the client's instructions and may not compromise or settle a matter without authority, except where emergency requires protective steps.

Confidentiality exceptions

Disclosure is permitted to prevent a crime likely to cause death or serious harm, to defend against a client's claim, or where statute or court order compels it.

Referral fee prohibition

A lawyer may not pay or receive a fee for referring a client to another lawyer, except a division of fees with a lawyer who shares responsibility for the matter.

Fee division between lawyers

Fees may be divided with another lawyer only if the client consents, the total fee is reasonable, and the division reflects the work done or responsibility assumed.

Safeguarding client property

Client documents and property must be kept safely, returned on request, and not used to pressure the client into settling a fee dispute.

Duty to report misconduct

A lawyer who knows of another lawyer's misconduct that raises a substantial question of honesty or fitness must report it to the disciplinary body.

Unauthorized practice

A lawyer may not assist a non-lawyer in the unauthorized practice of law, share fees with a non-lawyer, or allow a non-lawyer to control professional judgment.

Personal interest conflict

A lawyer may not act where the lawyer, a family member, or a business associate has a financial or personal interest that could affect the representation.

Purchase of client property

A lawyer may not purchase client property in litigation except by court order or statute, to avoid exploitation of the fiduciary relationship.

Former client conflict

A lawyer may not act against a former client in a substantially related matter where the former client's confidences could be used to their disadvantage.

Duty of courtesy

Counsel must treat the court, opposing counsel, and witnesses with courtesy and must not use abusive language or obstructive tactics.

Truthfulness in negotiation

A lawyer must not make false statements of material fact or law in negotiation, though estimates of price or settlement value are permissible.

Supervisory responsibility

A lawyer must ensure that junior lawyers and non-lawyer staff act in conformity with professional obligations and must not ratify their misconduct.

Mandatory continuing education

Lawyers must keep professional knowledge current through continuing legal education and must not accept work beyond their competence without adequate preparation.

Client communication duty

A lawyer must keep the client reasonably informed about the status of the matter and explain matters sufficiently for the client to make informed decisions.