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Questions tagged [professional-ethics]

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Pleading Not Guilty when you are guilty [duplicate]

As I understand it, a criminal defense lawyer is an officer of the court. As such, he is not allowed to lie. If a lawyer knows that his client is guilty of the charge, can he still plead not guilty ...
Bob's user avatar
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2 votes
0 answers
98 views

Can lawyers perform actions for the sole purpose of delay if the client is facing the death penalty?

This answer contains the remark: Lawyers are also officers of the court and are specifically prohibited from taking actions in litigation with the sole purpose of delay. (The analysis would be ...
adam.baker's user avatar
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-4 votes
2 answers
102 views

Does spamming violate ethics rules for attorneys? [closed]

Fairly often, lawyers (or people claiming to be lawyers) post advertisements as answers on Law Stack Exchange questions. Sometimes they include an actual answer to the question (usually written by ...
Someone's user avatar
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1 vote
2 answers
1k views

Is privilege often misused to mean confidential?

It seems to me that these two terms may be completely different and yet they often seem to be used in an interchangeable and anyway an overlapping manner. Under data protection laws, data controllers ...
TylerDurden's user avatar
0 votes
1 answer
116 views

Can a US govt lawyer become judge?

Can a person who has an attorney-client relationship with the US Government (typically, an licensed lawyer employed by the govt) ethically become a judge in the US? If so, how is the apparent conflict ...
Jaredo Mills's user avatar
0 votes
1 answer
67 views

Can a government lawyer's duty of loyalty be ended in Canada?

I assume the following: A lawyer employed by the Government of Canada (GC) has an attorney-client relationship with GC. The "attorney" is the lawyer, the "client" is "...
Jaredo Mills's user avatar
1 vote
1 answer
96 views

Can a terminated commission based legal representation relationship give rise to expectation damages in England?

Meet Alice. She has a legal claim against Bob. She contracted Larry the lawyer to represent her in this matter and essentially run the case for her on a no win no fee percentage of damages commission ...
TylerDurden's user avatar
1 vote
1 answer
125 views

Prosecutor Disqualified for False Statements

I am looking for specific cases where a prosecutor was disqualified for making false statements or violated professional conduct rules. I have seen cases where they were disqualified for conflicts.
Mike Jkdkd's user avatar
-2 votes
1 answer
200 views

How can a lawyer represent a guilty client? [duplicate]

This is specifically referring to the circumstance where a lawyer knows for a fact that their client is guilty through whatever means, and the client is pleading not guilty. So I have often heard that ...
jesse_b's user avatar
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0 votes
2 answers
100 views

Is a lawyer required to discuss adjournment requests with a client before consenting?

If an attorney receives a request from opposing counsel to adjourn an upcoming hearing, (which would then be communicated to the court as a joint letter) does he need to consult with his client or can ...
lgshost's user avatar
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2 votes
0 answers
100 views

When can a party to a case bring snacks for the bailiffs?

Reportedly, A judge has rejected an offer from actress Gwyneth Paltrow's legal team to "bring in treats" for courtroom security at her trial in Utah. This is a civil action in a District ...
alexg's user avatar
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1 answer
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Why is it considered unethical for a barrister to communicate with another side or even their own client, directly?

Obviously there are exceptions to this provision, like ones who are "direct access"-licensed, but why does that in itself even require special licensing qualifications to be permitted? And ...
TylerDurden's user avatar
1 vote
2 answers
180 views

Can county court judges have separate jobs in private firms as solicitors?

Suppose a solicitor in a private firm is appointed as a judge. Are they allowed to continue working as a solicitor in a parallel private capacity? What provisions exist in the way of mitigations to ...
TylerDurden's user avatar
6 votes
1 answer
365 views

What should a lawyer do if they are confident their client is committing perjury?

Let's say a client confesses one thing to their lawyer, but at trial makes a radically different claim when asked while under oath. The difference is substantial and likely to affect the result of ...
dsollen's user avatar
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-1 votes
2 answers
122 views

Can a Lawyer represent a client in a business deal where he knows that his client is being screwed over?

Two people are partnering to purchase a business deal. A lawyer is representing Partner A. The lawyer knows that Partner A is being screwed over by Partner B, i.e. Partner B has no money to contribute,...
James's user avatar
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15 votes
1 answer
4k views

Can someone who has been disbarred act as a scribe for a disabled lawyer?

I'm watching Better Call Saul right now and I'm at the bit where It got me thinking: if someone were disbarred, would it be legal under US law for them to do act as a disabled lawyer's eyes or hands? ...
0x777C's user avatar
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7 votes
1 answer
1k views

Is it common/normal for barristers of the same chambers to represent opposing sides in a case?

The case of Rakusen v Jepson was recently heard in the UKSC. Appellant Rakusen was represented by Tom Morris of Landmark Chambers, the respondents meanwhile by Edward Fitzpatrick of Garden Court. ...
TylerDurden's user avatar
3 votes
1 answer
68 views

General Practice doctors and the law on reporting colleagues

In the UK, if one GP believes another GP has acted in a dishonest manner in their actions, for example by providing a diagnosis that is known to be false, does the first GP have a legal duty to report ...
jim's user avatar
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7 votes
1 answer
2k views

A prosecutor and a defense attorney have a romantic relationship. What consequences could happen if caught?

Perhaps more of a question concerning legal culture than individual laws. I am writing a story with this as a subplot, and I want to know what could happen to either party if a judge/prosecutor's ...
Miko's user avatar
  • 171
24 votes
3 answers
10k views

Is a lawyer allowed to follow a client's instructions to hide evidence?

The police arrested a suspect linked to sexual assaults. The police searched his home. It sounds like initially the search warrants were very limited in scope but they widened as things turned up. ...
TreVon's user avatar
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6 votes
1 answer
835 views

Can an attorney give legal advice on a federal issue to an out-of-state client?

Can a lawyer in one state give advice to a client in another state if only federal law is relevant?
Someone's user avatar
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-7 votes
1 answer
203 views

Why is it legal for professors to present out-of-date information as practical and fact, when doctors are expected to give patients the latest cures?

Why is it illegal for doctors to not give the latest cure, keep in touch with the latest cures, find everything for the patient, but professors do not lose a practicing license as a result of teaching ...
user avatar
1 vote
2 answers
89 views

What are the ethics of recommending the best possible lawyer for the other party?

Suppose that Sam Scientist has just invented some technology with potential for great commercial value. Lacking the resources to develop the technology, she approaches BigCorp. It's in the best ...
Steve V.'s user avatar
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0 votes
1 answer
58 views

Standards for determining whether an unrepresented third party is adverse or not

How is it determined whether an unrepresented third party is "adverse" or not? (This is "adverse" with respect to the counsel's client.) For example, imagine a husband and wife are ...
Cicero's user avatar
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4 votes
1 answer
277 views

Can there ever be a conflict between law and professional ethics in the practice of law?

Tl;dr version. The so-called "ethics/law divide" is often discussed in the context of non-legal professions. Does such a divide exist in the practice of law or is it a contradiction? The ...
Robert Columbia's user avatar
0 votes
0 answers
84 views

Ola and Uber charging too much?

Uber and Ola takes a 20% cut from the total fare. Is this legally too much? What percent cut is good to take from the driver for connecting them with people legally and ethically? Refer: Indian limits ...
Profile name's user avatar
7 votes
1 answer
2k views

Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

I find this detail in the recent Novak Djokovic's Australian visa saga quite interesting. On Monday, 10 January 2022, when Judge Kelly delivered his decision to reinstate Djokovic's visa, Christopher ...
Greendrake's user avatar
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4 votes
4 answers
442 views

Why did US law go with inadmissibility, and not reactionary punitive action, to prevent illegal evidence collection?

As I've understood it, the exclusionary rule is a prophylactic rule aimed to prevent the cultivation of illegal evidence collection by removing the utility of illegally-collected evidence through ...
user110391's user avatar
4 votes
2 answers
182 views

Would this constitute commingling of funds?

Question about IOLA accounts (IOLA = Interest on Lawyer Account Fund, see iola.org/about-iola). (IOLA is called IOLTA in some states.) Our client has to pay restitution to Walmart. It has taken me ...
aparente001's user avatar
12 votes
2 answers
1k views

Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?

I've been informed by a law firm that they are required by national regulations of the solicitors' authority to collect a landlord's name and address (not the address of the property in question, but ...
Dmitri's user avatar
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3 votes
2 answers
240 views

Are there any legal requirements or regulations for a private university to prohibit sexual relationships between faculty and students?

Hypothetically speaking, could a private university in the USA not prohibit consensual sexual relations between students and faculty because their policy did not include it or the wording in said ...
TehKaoZ's user avatar
  • 133
0 votes
1 answer
84 views

UK house purchase lawyer not answering timeline/status questions

In the process on buying a property and apparently there is a mistake in the lease document and it has to be amended. Also I asked several time if there are other things to do in order to close the ...
asasa178's user avatar
  • 509
-5 votes
1 answer
120 views

About protecting the time and energy of a startup team against the irresponsibility of academic growth centers or private accelerators [closed]

I have seen some rejection about my and other startups project form the Startup accelerator or Academic incubator, which is taking the team's works and energy. For example, I have one green startup ...
Soheil Paper's user avatar
-4 votes
2 answers
71 views

Legal Ethics: Government lawyers giving legal advice & ABA rule 4.3?

I submitted a request for information to a government agency and got back an answer from a lawyer that seems to constitute legal advice prohibited under DC bar rule 4.3. Would a government (law ...
Burt_Harris's user avatar
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-1 votes
4 answers
316 views

How do defence lawyers get away with saying "he didn't do it" when they only can prove the uncertainty that he did?

Following various criminal trials (like this one) I often see defence lawyers claim that the defendant unequivocally did not commit the crime whereas they do not actually present (or claim to have) ...
Greendrake's user avatar
  • 27.5k
3 votes
0 answers
111 views

How can a US lawyer ethically work in the cannabis industry?

I live in California and I have seen ads for "cannabis attorneys" who specialise in helping the "legal" (under state law) cannabis industry/business (they often have names and ...
curiouscalifornian's user avatar
5 votes
2 answers
4k views

Does putting a dollar in a lawyer's pocket entitle you to attorney client privilege (like Saul Goodman from breaking bad)

Breaking Bad Season 2 Episode 8, Saul Goodman tells Walt and Jesse (who just kidnapped him) to put a dollar in his pocket so they'll have attorney-client privilege. first things first you're gonna ...
sevensevens's user avatar
  • 1,525
0 votes
1 answer
180 views

Standards for legal professionals responding promptly to clients?

As an example, The Rules of Professional Conduct for the Supreme Court of Pennsylvania state: 1.4 Communication (a) A lawyer shall: ... (4) A lawyer should promptly respond to or acknowledge client ...
Kenny Evitt's user avatar
-1 votes
1 answer
70 views

Developing similar apps, games, etc. on Google Play Store or App Store

I am planning to develop similar apps, games, etc., which may free or non-free, on Google Play Store or App Store and to earn money with methods such as ads, sale on same stores, etc. To be clearer I'...
arastirma hesap's user avatar
5 votes
3 answers
337 views

How does lawyers' duty of fidelity to court work?

Rules of conduct and client care for lawyers say in Chapter 13: The overriding duty of a lawyer acting in litigation is to the court concerned. Subject to this, the lawyer has a duty to act in the ...
Greendrake's user avatar
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7 votes
1 answer
1k views

"Does not put forward a case inconsistent with the confession" of guilt

In New Zealand, duties of defence lawyers require them to "not put forward a case inconsistent with the confession" if the defendant confesses his/her guilt to them (13.13.2(a)). What ...
Greendrake's user avatar
  • 27.5k
1 vote
1 answer
82 views

Can a lawyer be charged with Custodial interference pursuant to ARS 13-1302?

The law is stated here If a lawyer or a nonlawyer provides legal advice to family member, advocating they take a child out of state, without filing an order of protection, an emergency order, petition ...
LawCurious's user avatar
0 votes
0 answers
51 views

Special treatment for LE family member?

Is preferential treatment illegal? If LE can employ a judgement call into decision making, are there established limits?
EveryoneKnows's user avatar
2 votes
2 answers
612 views

Lawyer knows trial is hopeless but tells client they can win

(Hypothetical) Rob is charged with a crime. His lawyer, upon receiving discovery, realises that they are very unlikely to win the trial if they plead not guilty, that the best course of action for Rob ...
Greendrake's user avatar
  • 27.5k
1 vote
3 answers
222 views

How friendly are learned friends supposed to be during court breaks?

In a courtroom, just when everyone arrives before the hearing, how common or expected is it for the opposing lawyers to shake hands (covid aside) and have small talk pretending (or really being) ...
Greendrake's user avatar
  • 27.5k
2 votes
1 answer
98 views

Besides politics, is there a reason that William Barr has not faced any disciplinary action?

For reference, my background is a professional engineer and within this field we're beholden to a code of ethics that obligates certain duties paramount regardless of the law. Periodically, the ...
Pyrotechnical's user avatar
3 votes
2 answers
70 views

Is there a difference in a lawyer's culpability between "negative" and "positve"malpractice?

By "negative" malpractice, I mean sins of omission, such as missing a deadline, or omitting a key document from a filing. By "positive" malpractice, I mean a sin of commission, ...
Libra's user avatar
  • 6,478
0 votes
2 answers
116 views

23&me used in criminal investigations?

...Ok not literally. But 23 & me analyses your DNA and can tell you roughly where your genetics are from and in particular, could point towards a particular race of person. We know that DNA ...
Leonhard Euler's user avatar
1 vote
1 answer
95 views

Is it an ethics violation for an attorney in one state to send a confidential email to their client, an unlicensed attorney& the opposing counsel?

If the content of this email specifically shows the licensed lawyer telling the unlicensed lawyer that "obtaining [the father's] past employment files for child support purposes is an option.&...
LawCurious's user avatar
0 votes
0 answers
43 views

Am I obligated to chase after someone to pay them? [duplicate]

We hired a tree removal service to remove some trees from our property. The bill was paid for by the solar company that installed our solar service. The solar company sent us a check for the tree ...
user99201's user avatar
  • 101