ABA Rules of Ethics Flashcards
Competence
An attorney should be competent to handle a legal matter, and be familiar with the area of law of the case. They can hire co-counsel to ensure adequate representation.
Diligence/Unwarranted Delay
An attorney should act with due diligence on a case. A paralegal can assist an attorney by acting promptly on assigned tasks.
Fees
Fees should be “reasonable.” This varies according to the services performed, the experience of the attorney, and the standards of the community.
Crime or Fraud by Attorney
An attorney may be sanctioned if he or she engages in conduct that is criminal or fraudulent.
Crime or Fraud by Client
An attorney may not counsel the client to engage in a crime or fraud.
Frivolous Legal Positions
An attorney may not assert a frivolous claim or defense, or present a defense or claim that he or she knows is not true.
Safekeeping Property
An attorney holding money or property belonging to a client must keep it separate from the attorney’s holdings.
False Statements and Failure to Disclose
An attorney may not make false statements. An attorney must disclose relevant information and authority, even if that information and authority are damaging to the client.
Withdrawal
An attorney must ask the court for permission if she wishes to withdraw from a case.
Attorney/Client Privilege
Communication with the client must remain confidential even after the death of a client.
Attorney Work Product
Material prepared in anticipation of litigation is not discoverable.
Inadvertent Disclosure of Confidential Information
An attorney must make reasonable efforts to ensure that confidential information is not accidentally disclosed. Even if the disclosure is accidental, the attorney may still be found culpable.
Conflicts of Interest
An attorney should not engage in business transactions with a client. An attorney should not accept gifts from a client. An attorney should not engage in sex with a client. An attorney should not take a case in which she has a personal bias. An attorney should not engage in multiple representation, unless the parties are informed of the risks and agree in writing. An attorney should not take a case involving a former client who is a present adversary. When changing jobs, attorneys must ensure they have no access to information in the new firm regarding previous representation from the old firm. This is often called a “Chinese Wall.” An attorney must check each case the firm accepts for conflicts. The stipulations above extend to legal staff.
Communication with the Other Side
An attorney may not communicate with the client from the opposing side, unless the opposing counsel agrees or the opposing party represents himself.
Solicitation
An attorney may not solicit work from specific prospective clients when the attorney may have a monetary motive for doing so.
Advertising
An attorney may advertise as long as the advertisement is not misleading.
Reporting Professional Misconduct
An attorney who knows that another attorney is engaging in professional misconduct must report such conduct to the appropriate authority.
Appearance of Impropriety
An attorney is not supposed to engage in activity that might have the appearance of being unethical or improper.
Unauthorized Practice of Law
An attorney may not assist a nonlawyer in the unauthorized practice of law.
Paralegals, Secretaries, and Other Legal Staff
An attorney may delegate virtually any task to a staff member as long as the attorney takes responsibility for the staff’s conduct and work product. The only tasks that the staff may not perform are giving legal advice and/or acting in a legally representative capacity.
