Questions tagged [professional-ethics]

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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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3 votes
2 answers
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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) ...
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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 ...
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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 ...
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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 ...
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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'...
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6 votes
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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 ...
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"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 ...
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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 ...
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Special treatment for LE family member?

Is preferential treatment illegal? If LE can employ a judgement call into decision making, are there established limits?
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3 votes
2 answers
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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 ...
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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) ...
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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 ...
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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, ...
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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 ...
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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.&...
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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 ...
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3 votes
1 answer
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In Washington state must a doctor report things that happened in the past?

Are Washington state's mandated reporting requirements triggered if a doctor discovers that their adult patient had been abused in the past? What if there are no longer any 'protected populations' at ...
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Examples of Unethical Experimental Studies

I am teaching ethics in a statistics class. I am looking for examples when deceptive statistical evidence was caught or attempted to be used. For example, is there an example of a party who had ...
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1 vote
1 answer
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Can a person secure an entity's former employee to act as an expert witness against them?

In federal court, is there any ethical or evidentiary rule that prohibits a person from using that entity's former employee as an expert witness against them? For context, I would like to use a ...
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1 vote
1 answer
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Job interview presentation about patented work by previous employer

In the interview process of some tech companies there is a time slot allocated for a presentation to the members of the team, which is expected to be about a topic you have directly worked on. Some ...
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A sitting judge is claiming to represent a client against me. Should I file a bar complaint?

We recently had to fire an employee for cause. After we sent an email to the former employee asking for a password to an account that belonged to the business, we received a reply from a person who ...
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2 votes
1 answer
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What role, if any, would unethical behavior play in a malpractice case?

My understanding, as a layman, is that a lawyer need not obtain the "best" or optimal result for a client, only a "reasonable" result. In academic terms, a lawyer need not earn an "A." A "C" is ...
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Why are lawyer referral fees considered "unethical?"

According to this article the Avvo lawyer referral program was ruled unethical. the Avvo website offers an impermissible referral service, in violation of Rules of Professional Conduct 7.2(c) and 7.3(...
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Ethics question when a possible crime is involved in litigation

The simple background is that someone has misspent some money that they weren't really authorized for. We are gearing up and may soon be plaintiffs and this person will become a defendant. The ...
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Canadian Lawyer Ethics

In Canada/Ontario, lawyers are bound by the Law Society of Upper Canada. Is there some specific statute/law/code that one can cite that prevents lawyers from harassing clients of the other party in ...
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What bar ethics restrictions are there on lawyers commenting on current legal cases?

In the United States, what bar ethics restrictions are there on lawyers publicly commenting on ongoing legal cases in which they represent no parties? Since different state bars might have different ...
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1 answer
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Cross examination ethics

Due to an ongoing case, I was wondering the following. Can any complaint be made if a barrister suggests something plainly absurd (e.g. the witness made it up when there is CCTV evidence) and also ...
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2 answers
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Is it possible to request a copy of my client file from the public defender and district attorney office?

I have a disposition hearing for a new case and I would like to present evidence, particularly from conversations between my public defender and my doctor and the DA and my doctor, from an old case. ...
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AR Code § 21-8-402 (2018)

I am concerned the wording that appears in 21-8-402 5.B.vii may be too vague. Included below for your convenience. (vii) (a) Anything with a value of one hundred dollars ($100) or less. (...
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Ex-parte communication between a Judge and Prosecutor - ethical breach or canon violation?

I was the defendant in a case and had the strange feeling that the Judge and Prosecutor were very friendly. After the hearing and verdict (not in my favor) I found online, that while the case was ...
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1 vote
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Does a GP sending patient info to a hospital without asking for consent violate medical ethics?

So, let’s say that you went to a General Practitioner (GP) about some pain, got some tests done, and they told you that you were fine; all the tests came back normal. Then, some time later, they look ...
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1 answer
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what if two words in a law or act are being used but are contradictory? [closed]

specifically within the adam walsh act, in florida, it allows the ICAC to enact "proactive investigations" and this is how they avoid being pursued for entrapment. Blacks law definitions What is ...
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1 vote
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A company finds out that it has made a material decision based on incorrect personal data, what should it do?

A company terminates an employee based on what it believes to be a record of the actions of person gained from log files. Months later the company finds out that this information is not correct. ...
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Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?

This question is about the legality of a possible defence tactic that might be used in a criminal trial. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
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What is the scope of Interpreter code of ethics coming into play in future congresional investigations?

It has been in the news lately that the President has had a number of private head ups with Putin. On the news someone suggested (Don't remember if it was a congress person or the newscaster), that ...
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3 votes
1 answer
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Lawyer forgot to file the paperwork and now has no case: what to do?

A close friend of mine had a legitimate suit against a large business. He was directly harmed, the business was caught and punished (for harming him and many other clients), and my friend joined a ...
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4 votes
1 answer
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Do threats against an attorney constitue a conflict of interest?

When an attorney is considering handling a case, and receives off-the-record threats against his(/her) life, property, family, professional future, etc., is it ethical for the attorney to simply tell ...
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At what point is a lawyer's actions considered "bad faith" and is there recourse for punishment?

I have been dealing with a lawyer for a payment dispute with an old employer. The lawyer in question has been doing some questionable things and I am not sure which ones would be considered 'over the ...
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