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Lawyer's Code of Ethics
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Flashcards
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Representing the Law Profession
Lawyers should act in a manner that promotes public confidence in the integrity and efficiency of the legal profession. Example: A lawyer avoiding any actions that could bring disrepute to the legal field.
Confidentiality
Lawyers must keep information relating to the representation of a client private unless the client gives informed consent. Example: An attorney refusing to disclose client communications to a third party.
Pro Bono Work
Lawyers should aspire to render pro bono publico (for the public good) legal services. Example: An attorney offering legal services to a non-profit organization without charge.
Respect for Legal Process
Lawyers should demonstrate respect for the legal process and for those who serve it, including judges, other lawyers, and public officials. Example: A lawyer refraining from filing frivolous claims to manipulate the legal process.
Client-Lawyer Relationship
The relationship between a lawyer and a client is based on trust, and the lawyer must work in the best interest of the client. Example: A lawyer putting the client's interests before their own, avoiding any conflict of interests.
Candor Toward the Tribunal
Lawyers must not deceive or knowingly make false statements to a tribunal or fail to correct false statements made by others. Example: An attorney correcting false information previously submitted to the court.
Diligence
A lawyer should act with reasonable diligence and promptness in representing a client. Example: An attorney consistently meeting deadlines and giving a case the attention it requires.
Conflict of Interest
Lawyers must avoid situations where a conflict of interest may arise, either between a lawyer and a client or between multiple clients. Example: An attorney declining to represent two parties who have opposing interests in the same legal matter.
Advertising
Lawyers' advertisements must be truthful and not misleading. They are prohibited from making false or unsubstantiated claims about their services. Example: An attorney's advertisement based entirely on verifiable past successes without exaggerations.
Communication
Lawyers must keep clients reasonably informed about the status of their case and promptly comply with reasonable requests for information. Example: A lawyer providing regular case updates to the client without being prompted.
Meritorious Claims and Contentions
Lawyers must only make claims or contentions that are warranted by existing law or by a non-frivolous argument for altering the existing laws. Example: A lawyer not bringing forth a claim that has no basis in fact or law.
Advocate
As an advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. Example: A defense attorney diligently defending their client in court with proper facts and legal arguments.
Improper Influence
Lawyers must not seek to influence judges, jurors, public officials, or other parties inappropriately. Example: An attorney not offering any personal benefits to a juror for a favorable decision.
Responsibilities regarding non-lawyer assistants
Lawyers must ensure that their non-lawyer employees or contractors act in accordance with the professional obligations of the lawyer. Example: A lawyer training their paralegals on the confidentiality rules of client information.
Fees
A lawyer's fee must be reasonable and clearly communicated to the client. Lawyers are not allowed to charge exorbitant fees or to take advantage of clients. Example: A lawyer explaining their billing rates and methods before starting to work for a client.
Competence
Lawyers should provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Example: A lawyer spending numerous hours staying current on case law to properly represent a client.
Impartiality and Decorum of the Tribunal
Lawyers should maintain the respect due to courts and judicial officers. Example: An attorney addressing the court in a respectful manner and adhering to court protocols.
Trial Publicity
Lawyers must manage trial publicity to prevent prejudicing court proceedings. They are restricted from making comments that can materially affect the fairness of a trial. Example: An attorney avoiding any media statements that speculate on the outcome of an ongoing trial.
Fairness to Opposing Party and Counsel
Lawyers must treat their legal opponents and their counsel with respect and fairness. Example: An attorney not taking unfair advantage of an opposing lawyer's mistake.
Transactions with Persons Other Than Clients
Lawyers should deal honestly with non-clients and should not knowingly participate in a transaction that is fraudulent, deceptive, or involves misrepresentation. Example: An attorney ensuring full disclosure and honesty during a business transaction involving non-clients.
Independence from Clients
While representing a client's interests, lawyers must maintain professional independence and not let their judgment be influenced by the client. Example: A lawyer declining to carry out a client's demand that is contrary to law or ethical rules.
Reporting Professional Misconduct
Lawyers have an obligation to report other lawyers or themselves when they know of a violation of the professional conduct rules that raises a substantial question of honesty, trustworthiness, or fitness as a lawyer. Example: An attorney reporting another lawyer's unethical practice that compromises a client's case.
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