Attorneys must make decisions often while weighing ethical issues.
Vigorously representing the interests of a client is the job of an attorney. To do so he must go into the enterprise with a clear conscience. If any conflict exists in a case that would impede his work, a lawyer must seriously consider whether to take the case. The study of legal ethics helps an attorney traverse the complex grounds of attorney-client relationships.
Study Legal Ethics
Study recent decisions issued by your state bar.
The American Bar Association Model Rules spell out professional rules of conduct. Knowing these rules and how they apply will help an attorney understand numerous ethical problems ranging from conflicts of interest to handling of client funds. But your studies should also include recent professional conduct decisions issued by your state bar. These recent decisions interpret the professional code of your state bar and are essential to your practice.
Conflict of Interest
You cannot represent two clients who are locking horns in the courtroom.
Legal ethics dictate that attorneys avoid conflicts of interest between clients. This can be challenging because an attorney in private practice is expected to bring in money to the firm. So before you take a new client you need to determine if that potential client has an interest that goes against a current client. It would be wise to take a seminar on client screening to ensure that you do not represent two parties who are currently dueling in the courtroom, or two parties who have a history of grievances against each other.
While some conflicts are clear, the complex nature of corporate entities can make discovering and handling a conflict challenging. A potential corporate client may want to sue an affiliate of a corporation you currently represent on a completely different matter. In most cases, an attorney who wants to take up the new client will have to get the current client to waive objection to the representation.
Robert J. Malionek, a securities litigation attorney and partner with Latham & Watkins in New York, N.Y., advises attorneys to step lightly on conflict of interest ground. "When considering conflicts, be mindful of the client relations issues alongside the strict ethical rules," he said.
Legitimate Lawsuits
Study cases involving frivolous lawsuits.
More cases mean more money. But some cases are frivolous, and therefore not worth taking. ABA Model Rule 3.1 directs attorneys to take cases for which there is "a basis in law and in fact." You should study cases and state bar decisions involving frivolous lawsuits. In practice one simple check for a legitimate case is to run through the elements of a cause of action. If one or more of the elements is not there, you cannot win. Attempt an end-around on the court and you can be slapped with a Rule 11 sanction.
Confidentiality
A study of legal ethics teaches an attorney to maintain confidentiality.
Respecting client confidentiality is one of the fundamental rules of legal ethics. What makes this aspect challenging is that the professional rules may conflict with our personal values. A homespun sense of ethics tells us to trust the family or friends of a client. But even when someone else is paying the legal bills, your client is the one you have agreed to represent. If your client tells you not to tell someone else (a parent, for instance) what he said in a consultation, you have to keep it confidential.
Joining a New State Bar
When you join a new state bar you need to study the professional code.
While most states follow the ABA Model Rules, some have their own codes that are significantly different. If you have recently become licensed in a new state you need to study that state's professional code. These differences are especially consequential in the area of disclosing information about your client. One state may give you the option of disclosing information in a situation in which your client is planning to harm another party. In another state you may be required to disclose this information. Knowing these provisions will help lawyers steer clear of violating the rules of professional conduct.
Tags: your client, professional code, your state, conflicts interest, current client