Professional Responsibility

Introduction

Professional responsibility governs the conduct of lawyers in the United States. The ABA Model Rules of Professional Conduct (MRPC) , adopted in 1983 and regularly amended, serve as the model for state ethical rules in nearly every jurisdiction. The rules address the duties that lawyers owe to clients, the courts, and the public. Professional responsibility is enforced through state bar disciplinary proceedings and malpractice liability.

The Attorney-Client Relationship

The attorney-client relationship is created when a client reasonably believes that a lawyer has agreed to provide legal services. The relationship imposes duties of competence, diligence, communication, and confidentiality.

MRPC 1.1 requires that a lawyer provide competent representation —the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. MRPC 1.3 requires diligence —acting with reasonable promptness in representing a client. MRPC 1.4 requires communication —keeping the client reasonably informed about the status of the matter.

Conflicts of Interest

MRPC 1.7 prohibits representation that involves a concurrent conflict of interest unless the lawyer reasonably believes that effective representation will not be materially limited and the client gives informed consent. A conflict exists when the representation of one client is directly adverse to another client or when there is a significant risk that the lawyer’s responsibilities to a client will be materially limited.

MRPC 1.8 prohibits specific transactions between lawyers and clients, including business transactions, gifts, and sexual relationships. MRPC 1.9 addresses duties to former clients, prohibiting representation adverse to a former client in the same or substantially related matter unless the former client consents.

Confidentiality

MRPC 1.6 generally prohibits a lawyer from revealing information relating to the representation of a client. The rule reflects the principle that clients must be able to communicate fully and frankly with their lawyers without fear of disclosure.

Exceptions to the confidentiality rule permit disclosure to prevent reasonably certain death or substantial bodily harm, to prevent the client from committing a crime or fraud that would cause substantial injury, and to comply with law or court order.

Candor Toward the Tribunal

MRPC 3.3 requires that a lawyer be candid with the tribunal. The lawyer must not knowingly make a false statement of fact or law, must disclose adverse legal authority not disclosed by opposing counsel, and must take remedial measures if the lawyer discovers that false evidence has been offered.

MRPC 3.4 addresses fairness to opposing parties and counsel. The rule prohibits obstructing access to evidence, falsifying evidence, and counseling or assisting a witness to testify falsely.

Conclusion

Professional responsibility rules govern every aspect of law practice. The duties of competence, diligence, communication, confidentiality, and loyalty define the lawyer’s obligations to clients. The rules on conflicts of interest, candor toward the tribunal, and fairness to opposing parties ensure the integrity of the legal system. Disciplinary enforcement and malpractice liability provide accountability for professional misconduct.