The Legal Ethics Rules Attorneys Must Follow

​Legal ethics is an evolving field that sits at the foundations of law, as practiced in the United States. Legal professionals, whether lawyers or non-lawyers, must adhere to strict ethical standards to ensure a fair, transparent judicial process for all parties affected by a case, including clients, colleagues, and the court itself.

These obligations were codified in 1983 in the American Bar Association’s Model Rules of Professional Conduct, which have been adopted as ethical rules in most US states. Core areas of focus include Unauthorized Practice of Law, Duties to Clients and Clients’ Rights, Confidentiality, Conflicts of Interest, Lawyering, and Courtroom.

Within the “Duties to Clients” sphere, attorneys must never compromise loyalty throughout a case, providing zealous, diligent, competent, and communicative counsel. This includes promptly responding to calls and texts and ensuring the client is updated on their options and in a position to make informed decisions at all times. Communication failures are the number one reason clients complain about attorneys.

“Confidentiality” begins with the attorney-client privilege, which bars the required disclosure of any confidential information that the client has provided to the attorney in the process of gathering legal advice. The term “required” leaves the door open for subpoena and other law-sanctioned orders that request a provision of otherwise confidential information. Orders to produce such information can be denied, with the client invoking the attorney-client privilege, except in cases where the client has actively sought a lawyer’s assistance in committing a fraud or crime.

"Work product doctrine" is another element of confidentiality and spans the attorney’s thoughts and mental impressions of the case. Such notes and recollections are not discoverable in court by the adversary.

“Conflicts of Interest” can take various forms. For example, the lawyer should never oppose a former client in a matter that substantially relates to the earlier legal proceeding involving that client. This is because the attorney often obtains confidential information during the earlier process, which could be used against their former client.

Another conflict of interest arises when an attorney provides a client with financial assistance for litigation (this may be waived if the client is indigent or needs an advance on expenses related to courtroom proceedings). It's also imperative that an attorney not represent a client when their service will directly and negatively impact another client’s interests.

The “Lawyering” aspects of legal ethics relate to advertising and communications that are not false or misleading, with fees that are reasonable. The last facet is subjective and reflects hard-to-quantify variables such as reputation, ability, and years in the field.

“Courtroom” rules focus on limiting the communications between lawyers and judges outside the courtroom. They also prohibit lawyers from providing judges with gifts or entering into business transactions with them. It’s not permitted to attempt to sway judicial opinion in any way outside the courtroom. Additionally, attorneys cannot communicate directly with jurors at any time or in any setting, except after a case is completed.

These various ethical obligations stem from the fact that the attorney serves as a public citizen and officer of the legal system, as well as a representative of clients. This conveys broad responsibilities to the various parties involved in any judicial decision.

Leor Kweller

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