Professional Responsibility Violations in General
Common violations include:
- Conflicts of interest. This occurs where the same lawyer or firm is representing both sides in a lawsuit, or previously represented one side. In countries with the adversarial system of justice, a conflict of interest violates the right of each client to the undivided, zealous loyalty of his lawyer. Conflicts may also occur if the lawyer's ability to represent a client is materially limited by the lawyer's loyalty to another client, a personal relationship, or other reasons.
- Incompetent representation. Attorneys have a duty to provide competent representation, and the failure to observe deadlines or conduct thorough research is considered a breach of ethics.
- Mishandling of client money. Clients often advance money to lawyers for a variety of reasons. The money must be kept in special client trust accounts until it is actually earned by the lawyer or spent on court fees or other expenses.
- Fee-splitting arrangements. Attorneys may not split fees with non-attorneys, or with other attorneys who have not worked on the matter for which the client is represented.
- Disclosure of confidential information. Lawyers are under a strict duty of confidentiality to keep information received in the course of their representations secret. Absent law to the contrary, lawyers may not reveal or use this information to the detriment of their clients.
- Communication with represented parties. An attorney may not communicate directly with a person who they know to be represented by counsel with respect to a matter for which the attorney is seeking to communicate. For example, in a civil suit, the plaintiff's attorney may not speak to the defendant directly if the attorney knows that the defendant is represented by counsel without their attorney's express consent.
- Improper solicitation and advertising. Attorneys generally may not solicit business by personally offering their services to potential clients who are not already close friends or family members. Advertising by attorneys is also strictly regulated, to prevent puffery and other misleading assertions regarding potential results.
Read more about this topic: Professional Responsibility
Famous quotes containing the words professional, violations and/or general:
“I hate the whole race.... There is no believing a word they say—your professional poets, I mean—there never existed a more worthless set than Byron and his friends for example.”
—Arthur Wellesley, 1st Duke Wellington (1769–1852)
“The peace loving nations must make a concerted effort in opposition to those violations of treaties and those ignorings of humane instincts which today are creating a state of international anarchy and instability from which there is no escape through mere isolation or neutrality.... When an epidemic of physical disease starts to spread, the community approves and joins in a quarantine of the patients in order to protect the health of the community against the spread of the disease.”
—Franklin D. Roosevelt (1882–1945)
“General jackdaw culture, very little more than a collection of charming miscomprehensions, untargeted enthusiasms, and a general habit of skimming.”
—William Bolitho (1890–1930)