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Professional Responsibility & Ethics
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Reporting Professional Misconduct
Lawyers must report another lawyer's or judge's professional misconduct if it raises a substantial question as to their honesty, trustworthiness, or fitness as a lawyer in other respects, pursuant to Rule 8.3 of the ABA Model Rules of Professional Conduct.
Limitation on Withdrawing Representation
Once representation has commenced, a lawyer typically must seek permission from the tribunal to withdraw, ensure no material harm comes to the client, and give reasonable notice, based on Rule 1.16 of the ABA Model Rules.
Gifts From Clients
Lawyers are typically not allowed to accept a significant gift from a client or prepare an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer is related to the client, as stated in Rule 1.8(c) of the ABA Model Rules.
Fiduciary Duty
Lawyers have a duty to act in the best interests of their clients, with loyalty, and not to commingle client funds with their own, as required by Rule 1.8 and Rule 1.15 of the ABA Model Rules.
Nonprofit and Court-Annexed Limited Legal Service Programs
Lawyers may participate in programs that offer short-term legal services without the expectation of further representation, a practice encouraged for wider access to legal services, as mentioned in Rule 6.5 of the ABA Model Rules.
Disqualification of Judge
A judge must disqualify themselves in any proceeding in which their impartiality might reasonably be questioned, including cases of personal bias or conflict of interest, as per the ABA Model Code of Judicial Conduct.
No Contingency Fees in Criminal or Divorce Cases
Lawyers are prohibited from charging contingency fees in the context of criminal defense and domestic relations matters when it is contingent upon securing a divorce or upon the amount of alimony or support, as specified in Rule 1.5(d) of the ABA Model Rules.
Ex Parte Communications
Engaging in private communications with a judge or juror during a proceeding without the presence of all parties is generally prohibited to maintain fairness, as governed by Rule 3.5(b) of the ABA Model Rules.
Prosecutor's Special Responsibilities
As representatives of justice, prosecutors have special duties such as to refrain from prosecuting a case without probable cause and to make sure the defendant is accorded procedural justice, as outlined in Rule 3.8 of the ABA Model Rules.
Dealing with Unrepresented Persons
A lawyer must not give the impression that they are disinterested when dealing with an unrepresented person and must not provide legal advice other than advising them to secure counsel, according to Rule 4.3 of the ABA Model Rules.
Conflict of Interest
Occurs when an attorney's representation of one client is directly adverse to another client, or when there is a significant risk that the representation will be materially limited by responsibilities to another client, former client, or a personal interest. Governed by Rule 1.7 of the ABA Model Rules.
Law Firm Responsibilities
Law firms have ethical obligations to implement measures ensuring that all lawyers within the firm adhere to professional norms and ethical standards, as codified in Rule 5.1 of the ABA Model Rules.
Multijurisdictional Practice of Law
Lawyers may face limitations when practicing in jurisdictions where they are not licensed. However, they may be allowed to practice temporarily under certain conditions, as explained in Rule 5.5 of the ABA Model Rules.
Withdrawal from Litigation
Rule 1.16 of the ABA Model Rules governs the conditions under which a lawyer can or must withdraw from representing a client, including scenarios involving client's illegal conduct or fundamental disagreement with the client.
Attorney-Client Privilege
A legal principle that keeps communications between an attorney and their client confidential and exempts them from being presented as evidence in court. The rule includes provisions such as Rule 1.6 of the ABA Model Rules of Professional Conduct which outlines the confidentiality of information.
Use of Privileged Information for Personal Gain
It is unethical for lawyers to use information protected by attorney-client privilege for their personal benefit or to harm a client, a standard underscored in Rule 1.6 and the law of evidence.
Responsibilities Regarding Nonlawyer Assistants
According to Rule 5.3 of the ABA Model Rules, lawyers are responsible for ensuring their nonlawyer employees' conduct is compatible with professional obligations of the lawyer.
Respect for Third Parties
In representing a client, a lawyer must be respectful toward non-client individuals and must not engage in behavior involving dishonesty, fraud, or interference with the administration of justice, as per Rule 4.4 of the ABA Model Rules.
Duty of Competence
A lawyer has a duty to provide competent representation, which requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation, as stated in Rule 1.1 of the ABA Model Rules.
Confidentiality of Information
A lawyer is prohibited from revealing information relating to the representation of a client unless the client gives informed consent, the disclosure is implicitly authorized, or certain exceptions apply, in accordance with Rule 1.6 of the ABA Model Rules.
Competence in Legal Technology
Lawyers are expected to maintain sufficient understanding of technology as it applies to the practice of law and the safeguarding of confidential information, as this is implied under the duty of competence in Rule 1.1 of the ABA Model Rules.
Assisting Client in Fraudulent Activity
A lawyer must not assist a client in conduct that the lawyer knows to be fraudulent or illegal and is required to withdraw from representation if necessary, according to Rule 1.2(d) of the ABA Model Rules.
Expediting Litigation
Lawyers have a responsibility to avoid delaying tactics and to make reasonable efforts to expedite litigation consistent with the interests of the client, under Rule 3.2 of the ABA Model Rules.
Duty to the Court
A lawyer's obligation to be honest with the court, avoid frivolous claims, and report another lawyer's misconduct if it raises a substantial question as to that lawyer's honesty or fitness, according to Rule 3.1 and Rule 8.3 of the ABA Model Rules.
Appearance of Influence
Legal professionals must not try to influence judges, jurors, court officials, or other public officials by means prohibited by law or attempting to give the impression of being able to improperly influence them, outlined by various rules including Rule 8.4 of the ABA Model Rules.
Duty to Reject Certain Cases
Lawyers have an ethical obligation to reject cases when the legal claim or defense of the client is not warranted under existing law, unless there is a basis for changing the law, aligned with Rule 3.1 of the ABA Model Rules.
Duty of Candor
The ethical obligation of a lawyer not to lie and to be truthful to the tribunal, including the duty to correct false evidence, under Rule 3.3 of the ABA Model Rules of Professional Conduct.
Advertising and Solicitation Rules
Lawyers must not make false or misleading communications about the lawyer or the lawyer’s services and must not use solicitation that involves coercion, harassment, or undue influence, in line with Rule 7.1 and 7.3 of the ABA Model Rules.
Use of Information to Disadvantage of Client
Lawyers cannot use information relating to the representation of a client to the disadvantage of the client unless the client gives informed consent, as required by Rule 1.8(b) of the ABA Model Rules.
Work-Product Doctrine
A protection given to materials prepared by or for an attorney in preparation for trial which are shielded from discovery by the opposing counsel. This principle is widely agreed upon in legal systems and is found in Rule 1.9 of the ABA Model Rules.
Unauthorized Practice of Law
A lawyer shall not practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction, as prescribed by Rule 5.5 of the ABA Model Rules.
Sexual Relations with Clients
Lawyers are generally prohibited from engaging in sexual relationships with their clients because it can compromise the attorney-client relationship and is often considered an abuse of power, as detailed in Rule 1.8(j) of the ABA Model Rules.
Division of Fees with Non-Lawyers
Lawyers are forbidden from sharing legal fees with non-lawyers except in specific circumstances determined by statutes or court rule, according to Rule 5.4(a) of the ABA Model Rules.
Maintenance of Independence
Lawyers are required to make decisions independent of outside influences to maintain their professional integrity, as advocated by Rule 5.4 of the ABA Model Rules of Professional Conduct.
Safekeeping Property
Attorneys must keep the property of clients or third persons separate from their own property, and complete records must be kept, as required by Rule 1.15 of the ABA Model Rules.
Offering Evidence Known to be False
Lawyers must refuse to offer evidence they know is false and, if already presented, they must take reasonable remedial measures including, if necessary, disclosure to the tribunal, as mandated by Rule 3.3 of the ABA Model Rules.
Informed Consent
A client's agreement to a proposed course of action after a lawyer has communicated adequate information and explanation about the material risks and reasonably available alternatives, as per Rule 1.4 of the ABA Model Rules of Professional Conduct.
Pro Bono Publico Work
Lawyers are encouraged, and in some jurisdictions required, to provide a certain amount of free legal service to those unable to pay, in line with the ethos of Rule 6.1 of the ABA Model Rules of Professional Conduct.
Judicial Impartiality and Independence
Judges are expected to maintain their impartiality and must not be swayed by external influences, as described in the ABA Model Code of Judicial Conduct, ensuring fair justice.
Avoiding Impropriety and the Appearance of Impropriety
Lawyers and judges are required to avoid behavior that could reflect poorly on their ability to perform duties impartially, fairly, and ethically, as dictated by the ABA Model Code of Judicial Conduct.
Trial Publicity
Rule 3.6 of the ABA Model Rules restricts lawyers from making statements that they know, or should know, will have a substantial likelihood of materially prejudicing an adjudicative proceeding.
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