Themis Essay 870 Flashcards
A lawyer shall not make or offer an agreement in which
a broad restriction on the lawyer’s right to practice is part of the settlement of a controversy, except when such a restriction is approved by a tribunal or governmental entity.
The Virginia Rules prohibit a lawyer from agreeing not to represent
other clients in connection with settling a claim on behalf of a current client.
The Virginia Rules contain an exception permitting restrictions on practice if
approved by a tribunal or government entity.
A lawyer must withdraw if continuing the representation will
violate the Virginia Rules.
If an attorney must withdraw from representation, she should immediately:
(i) notify the client of her withdrawal from representation as required by the Rules;
(ii) seek leave of the court to do so; and
(iii) take reasonable measures to minimize the harm to the client resulting from the termination of representation.
To minimize harm to a client upon withdrawal, a lawyer should take steps to:
(i) protect the client’s confidentiality;
(ii) return the client’s files, attorney work product, records, and any unearned fees; and
(iii) assist the client while they seek to secure new counsel to avoid or minimize material harm to the client’s interests.
Agreeing to engage in and hide un-ethical behavior is
far more culpable behavior than an inadvertent ethical violation.
Lawyers and judges have a duty to report a fellow lawyer’s serious misconduct to the appropriate professional authority when
the lawyer or judge has reliable information that another lawyer has committed misconduct that raises a substantial question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.
