Ethics rules, the principles of professionalism, and sanctionable conduct are interrelated.
Lawyers have a duty to zealously represent their clients, but they do not have a duty to engage in offensive conduct that may be desired by clients. Lawyers have duties of confidentiality and honesty, but those duties do not always require pressing every advantage, such as when the lawyer knows that opposing counsel has made a material drafting error in a transactional document.
In these and many other scenarios, ethics rules, professionalism, and potentially sanctionable conduct subtly interact.
This program provides a practical guide to professionalism for the ethical lawyer.
- Interrelationship of ethics rules, professionalism, and sanctions
- Zealous representation v. needlessly embarrassing an adversary or third-party
- Reacting to an adversary's drafting errors in transactional documents
- Ethics, professionalism, and inadvertent transmission of communications
- Duty to supervise and train subordinate lawyers and staff, including to ensure courtesy to clients, opposing counsel, and courts
- Offering candid advice to clients and withdrawal when they demand offensive conduct
- Avoiding discrimination and bigotry