Legal Ethics
Introduction
Legal ethics governs the professional conduct of lawyers. The ABA Model Rules of Professional Conduct provide the framework for ethical rules adopted by state supreme courts. Legal ethics addresses the lawyer’s duties to clients, the court, and the public. The disciplinary system enforces ethical rules through sanctions ranging from private reprimand to disbarment.
The Tripartite Relationship
Legal ethics is organized around the lawyer’s duties to three groups: clients, the legal system, and third parties. To clients, the lawyer owes duties of competence, diligence, communication, confidentiality, and loyalty. To the legal system, the lawyer owes duties of candor, fairness, and respect for the administration of justice. To third parties, the lawyer owes duties of truthfulness and fairness.
Conflicts of Interest
MRPC 1.7 prohibits representation that involves a concurrent conflict of interest. The duty of loyalty requires that lawyers avoid representing clients with adverse interests unless the lawyer reasonably believes that effective representation will not be materially limited and the clients give informed consent.
MRPC 1.8 prohibits specific transactions between lawyers and clients, including entering into business transactions, soliciting gifts, and having sexual relationships with clients. MRPC 1.9 addresses duties to former clients, prohibiting representation adverse to a former client in substantially related matters.
Confidentiality and Disclosure
MRPC 1.6 requires lawyers to maintain the confidentiality of information relating to client representation. The rule has exceptions for: preventing reasonably certain death or substantial bodily harm; preventing the client from committing a crime or fraud likely to result in substantial injury; and complying with law or court order.
Advertising and Solicitation
MRPC 7.1-7.5 regulate lawyer advertising and solicitation. Advertising must not be false or misleading. Solicitation —direct contact with prospective clients —is subject to restrictions, particularly when the prospective client is in need of legal services in a personal injury or wrongful death matter.
Pro Bono Service
MRPC 6.1 encourages lawyers to provide pro bono legal services to persons of limited means. The rule states an aspirational goal of fifty hours of pro bono service per year. Many state bar associations have pro bono reporting requirements and recognition programs.
Conclusion
Legal ethics provides the professional standards that govern lawyer conduct. The duties of competence, confidentiality, loyalty, and candor define the lawyer’s obligations. The disciplinary system enforces these standards, and pro bono service reflects the profession’s commitment to access to justice.