"Potpourri" of Ethics
A lawyer shall act with this in representing a client, ensuring they carry out the representation with dedication and zeal.
What is reasonable diligence and promptness?
- Rule 1.3 (diligence)
A "concurrent conflict of interest" exists under two conditions. Name one.
What is when the representation of one client will be directly adverse to another client, or there is a significant risk that the representation will be materially limited by the lawyer's other responsibilities?
- Rule 1.7 – Conflict of Interest: current clients
This quality of representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary
What is competent representation?
- Rule 1.1 Competence.
A lawyer shall not knowingly make a false statement of this to a tribunal.
What is a "statement of fact or law"?
- Rule 3.3(a)(3): Candor to the Tribunal
If one Army lawyer is disqualified from a matter due to a personal conflict, the disqualification is generally not imputed to others in the office if the disqualified lawyer is properly subjected to this procedure.
What is "Screening"?
- Rule 1.0(r) (Screening)
Army lawyers will hold property of clients or third persons only when this is the case.
What is "when doing so is necessary to further the representation of the client"
- Rule 1.15(a) (safekeeping property.)
A lawyer shall not have sexual relations with a client unless this condition is met
What is "unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced"?
- Rule 1.8(j) (Conflict of Interest: Current Clients: Specific Rules)
This is the client served by the Army lawyer, unless detailed or assigned to represent another client.
What is the Department of the Army?
- Rule 1.13 – Department of the Army as a Client
This is what a lawyer must do if they know that a person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to a proceeding.
What is "take reasonable remedial measures, including, if necessary, disclosure to the tribunal"?
- Rule 3.3(b): Candor to the Tribunal
A subordinate lawyer does not violate the Rules if they act in accordance with a supervisory lawyer's reasonable resolution of this.
What is "an arguable question of professional duty"?
- Rule 5.2(b) (Responsibilities of a Subordinate Lawyer)
An Army lawyer must get this before engaging in the practice of law outside the Department of the Army.
What is prior and proper written authorization from the appropriate Senior Counsel
- Rule 5.5 (unauthorized practice of law)
This is what a lawyer who has formerly represented a client must obtain before representing another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client
What is informed consent, confirmed in writing, from the former client?
- Rule 1.9 (Duties to former clients)
A lawyer SHALL reveal information relating to the representation of a client to prevent this.
What is "reasonably certain death or substantial bodily harm"
- Rule 1.6(b)(1) – Confidentiality of Information
A lawyer is prohibited from unlawfully obstructing another party's access to this.
What is evidence?
- Rule 3.4(a): Fairness to Opposing Counsel and Evidence
A lawyer is responsible for another lawyer's violation of the Rules if they order the conduct or do this with knowledge of the specific conduct.
What is "ratifies the conduct involved"?
- Rule 5.1(c) (Responsibilities of Senior Counsel and Supervisory Lawyers)
A lawyer generally cannot act as an advocate at a trial where they are likely to be a necessary witness, with three exceptions. Name one of them.
What is: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship on the client?
- Rule 3.7 – Lawyer as Witness
The rules provide special conflict of interest guidance for these two categories of government personnel.
Who are former and current government officers and employees?
- Rule 1.11 (Special Conflicts of Interest for Former and Current Government Officers and Employees)
When a client's capacity to make decisions is diminished, a lawyer has a duty to maintain this type of relationship as much as possible.
What is a normal client-lawyer relationship?
- Rule 1.14 – Client with Diminished Capacity
A lawyer must disclose this to the tribunal, even if it is adverse to their client's position, if it is from the controlling jurisdiction and opposing counsel has failed to disclose it.
What is legal authority?
- Rule 3.3(a)(2) (Candor Toward the Tribunal)
This concept applies when an Army lawyer performs duties that are not the practice of law but are related to their position, subjecting them to the Rules of Professional Conduct.
"law-related duties"?
- Rule 5.7 (Responsibilities Regarding Non-Law and Law-Related Duties)
A lawyer having knowledge that another lawyer has committed a violation of the rules that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects, shall take this action.
What is "inform the appropriate professional authority"?
- Rule 8.3(a) (Reporting Professional Misconduct)
A lawyer related to another lawyer as a parent, child, sibling, or spouse shall not represent a client in a matter directly adverse to a person whom the lawyer knows is represented by the other lawyer unless this is obtained.
What is informed consent from each client after consultation regarding the relationship
- Rule 1.8 (Conflict of Interest: Current Clients: Specific Rules)
The name for the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks and reasonably available alternatives.
What is "Informed consent"
- Rule 1.18(d)(1) – Duties to Prospective Clients
This is what a lawyer who receives a document or Electronically stored information relating to the representation of their client and knows it was inadvertently sent must do.
What is "promptly notify the sender"?
- Rule 4.4(b): Respect for Rights of Third Parties
A supervisory Army lawyer is responsible for ensuring this for a subordinate lawyer, per an augmented rule.
What is making appropriate efforts to ensure the subordinate lawyer is properly trained and competent to perform assigned duties?
- Rule 5.1(d) (Responsibilities of Senior Counsel and Supervisory Lawyers)