Questions tagged [professional-ethics]
The professional-ethics tag has no usage guidance.
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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 ...
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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 "...
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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 ...
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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.
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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,...
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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? ...
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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. ...
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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 ...
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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 ...
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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. ...
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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?
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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 ...
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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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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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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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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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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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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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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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