NG Bar Final Professional Ethics key terms

A rule protecting confidential communications between a lawyer and client from compelled disclosure. It belongs to the client, who alone may waive it, and it survives the end of the retainer.

The broader professional duty not to reveal information learned during the professional relationship without authorization. It is wider than privilege, applies in more settings, and outlasts the engagement.

A situation where a lawyer's duties to one client, or a personal or financial interest, could materially and adversely affect representation of another client. It requires disclosure, analysis, and often written consent.

A client's agreement to a course of action after the lawyer has explained the material risks and reasonably available alternatives, in language the client understands, and given the client room to consider it.

The principle that one lawyer's disqualifying conflict can be attributed to every lawyer in the same firm, preventing the whole firm from acting unless an exception or screening arrangement applies.

A formal arrangement that isolates a conflicted lawyer from a matter, typically by restricting access to files and barring participation in fees. It may cure imputed conflicts in defined circumstances.

Arises when a lawyer's new matter is substantially related to earlier work for a former client and would harm that client's interests. The former client's consent may permit the new representation.

A conflict involving two current clients, such as directly adverse interests or materially limited representation. It usually requires informed consent from both clients, confirmed in writing.

A deal between lawyer and client, including lending, borrowing, or investing. It demands full disclosure, fair terms, written consent, and independent advice, and scrutiny increases where the lawyer drafts the terms.

The lawyer's obligation to act loyally and in the client's best interest, placing the client's interests above the lawyer's own. It underpins confidentiality, competence, and conflict rules.

The obligation to avoid conflicts that compromise independent judgment and to pursue the client's objectives free of competing personal or third-party interests. It continues through the representation and beyond in limited respects.

Providing legal services with the knowledge, skill, thoroughness, and preparation reasonably necessary for the matter, or associating with someone who has them. It includes keeping current with relevant law and practice.

Pursuing a matter with reasonable promptness and commitment, meeting deadlines, and keeping the client informed. It does not require perfection but forbids neglect and unreasonable delay.

The duty to keep the client reasonably informed about significant developments, respond to reasonable requests for information, and explain matters enough for informed decisions.

The agreed boundaries of what the lawyer will and will not handle. Lawyers should define limits at the outset, ideally in writing, and consult the client before expanding or narrowing the work.

A written record confirming the terms of representation, including scope, fees, costs, client responsibilities, and how the relationship may end. It reduces later disputes over expectations.

A fee payable only from a recovery, usually a percentage. It must be reasonable, agreed in writing, and is generally barred in criminal and certain domestic-relations matters.

The requirement that fees be fair considering time, difficulty, skill required, customary charges, results, time limits, and the nature of the relationship. Unreasonable or clearly excessive charges are prohibited.

The contract setting out how the lawyer will be paid, covering rate structure, billing frequency, cost responsibility, and any retainer. Ambiguity in it is generally construed against the drafter.

Money paid up front to secure a lawyer's availability or to be applied against future work. Whether it is earned on receipt or held in trust depends on its stated purpose.

A separate account holding client or third-party funds, kept apart from the lawyer's own money. Records must be accurate and funds promptly delivered to those entitled to them.

Mixing client funds with the lawyer's personal or operating money in the same account. It is prohibited except for small amounts needed to cover bank charges.

The duty to hold client and third-party property, including documents and funds, with care, to identify it clearly, and to return it promptly when requested or no longer needed.

The duty not to knowingly make false statements of law or fact, offer false evidence, or fail to disclose adverse controlling authority. It overrides the client's wish to win at any cost.

A position lacking any basis in law or fact, or asserted mainly to harass or delay. Lawyers must not bring or maintain such claims, though they may advance good-faith arguments for changing existing law.

The advocate's commitment to pursue the client's lawful objectives vigorously within the bounds of the law and professional rules. Zeal never authorizes deception, harassment, or disregard of court orders.

Controlling legal precedent that is directly against the client's position. A lawyer must disclose it to the tribunal when the opposing side has not, unless privileged information is involved.

Contact with a judge or juror about a pending matter without the other parties present. It is generally prohibited because it undermines fairness and the appearance of impartiality.

Seeking to sway a judge, juror, or official through means outside proper legal argument, such as gifts, personal appeals, or contact with represented parties. Prohibited as undermining the justice system.

A lawyer may not contact a party the lawyer knows to be represented by counsel about the matter without that counsel's consent, unless authorized by law or a tribunal order.

The obligation to inform the appropriate authority when a lawyer knows of another lawyer's violation that raises a substantial question about honesty, trustworthiness, or fitness, subject to confidentiality limits.

A lawyer's duty to disclose their own misconduct to the relevant authority when it raises a substantial question about honesty, trustworthiness, or fitness. It does not extend to minor or self-corrected errors.

Conduct violating the rules of professional conduct, including crimes reflecting dishonesty or fitness, fraud, misrepresentation, and conduct prejudicial to the administration of justice.

A penalty imposed by a regulatory body for professional misconduct, ranging from private admonition and public reprimand to suspension or disbarment, sometimes with conditions or restitution.

Removal of a lawyer from a matter or from practice, either by a tribunal because of a conflict or misconduct, or as a licensing consequence. It may be temporary or permanent.

Providing legal services, such as advice or representation, without a license where one is required. Lawyers must also avoid assisting non-lawyers in doing so.

A lawyer's duty to ensure subordinate lawyers and non-lawyer staff comply with professional rules, through training, instruction, and reasonable oversight. Failure can itself be misconduct.

Ending the lawyer-client relationship, either permissively when good cause exists or mandatorily when continuing would violate rules or law. The lawyer must protect the client's interests during transition.

Required termination of representation when continuing would violate a rule or law, or when the lawyer's mental or physical condition materially impairs the ability to represent the client.