Ethics

ABA 1.1 Competence

A lawyer shall provide competent representation, requiring the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation

ABA 1.2 Scope of Representation and Allocation of Authority

A lawyer must abide by the clients decisions concerning the objectives and representation and consult about the means . A lawyer may not counsel or assist a client in criminal or fraudulent conduct

ABA 1.3 Diligence

A lawyer shall act with reasonable diligence and promptness in representing a client

ABA 1.4 Communication

A lawyer must keep the client reasonably informed, promptly comply with requests for information, and explain mattes to allow infromed decision making

ABA 1.5 Fees

A lawyer must charge only reasonable fees, considering various factor like time, skill, and customary fees. Contingent fees must be in writing

ABA 1.6 Confidentiality of Information

A lawyer must not reveal client related information without informed consent, implied authorization, or a specific exception ( fraud, prevention of death or harm)

California 1.6 Confidentiality of information

Disclosure is only permitted to prevent a criminal act likely to result in death or substantial bodily harm and only after trying to dissuade the client

ABA 1.7 Conflict of Interest; Current Clients

A lawyer must not represent a client if the representation involves a concurrent conflict unless 1. the lawyer reasonably believes they can completely and diligently represent each client 2. it is not prohibited by law, 3. the clients are not directly adverse in the same matter and 4. each client gives informed written consent

ABA 1.8 Conflict of Interest; Current Clients Specific Rules

Prohibits certain transactions with clients unless terms are fair and reasonable disclosed in writing and the client gives informed written consent. Includes rules on gifts, use of information, and sexual relations.

ABA 1.9 Duties to Former Clients

A lawyer cannot represent a new client against a former client tin the same or a substantially related manner without consent

California 1.9

Similar rule but stricter confidentially focus. Disqualification is automatic if a substantial relationship is found

ABA 1.10 Imputed Conflicts

Conflicts of interest are imputed to all lawyers in a firm

ABA 1.11 Government Lawyers

Prohibits former government lawyers from representing clients in matters in which they participated personally and substantially unless the agency gives informed consent

ABA 1.12 Former Judges and Neutrals

A lawyer shall not represent anyone in a matter they were involved in as a judge, arbitrator, or neutral, unless all parties give informed consent. Must not negotiate employment with a party in such a manner

ABA 1.13 Organizations as Client

When representing an organization, the lawyer must act in the organizations best interest and report up the chain if someone is violating a legal obligation

ABA 1.14 Clients with Diminished Capacity

A lawyer must maintain a normal relationship with a client with diminished capacity when possible

California 1.1

prohibits lawyers from intentionally, recklessly, with gross negligence, or repeatedly failing to perform services with the necessary learning, skill, and mental/emotional/physical ability. Competence requires either possessing these skills or, if lacking, curing the deficiency by associating with, learning from, or referring to a qualified lawyer.

ABA 1.15 – Safekeeping Property

Lawyers must keep client and third-party funds separate from their own, keep complete records, and promptly deliver funds or property the client is entitled to receive.

California 1.15 Safekeeping Funds and Property of Clients and other persons

requires lawyers to hold all client and third-party funds in a designated California trust account, maintain meticulous multi-ledger records for five years, and distribute undisputed property within 45 days of a request or face strict liability disciplinary actions.

ABA 1.16 – Declining or Terminating Representation

A lawyer must not represent or must withdraw if the representation violates the rules or law, the lawyer is physically/mentally impaired, or the client fires them.

ABA 1.17 – Sale of Law Practice

Permits sale of a practice if the entire practice or field is sold to a qualified lawyer, written notice is given to clients, and fees are not increased due to the sale.

ABA 1.18 – Duties to Prospective Clients

Lawyers owe a duty of confidentiality to prospective clients and may not represent a client with materially adverse interests in the same or substantially related matter unless informed consent is obtained.

ABA 2.1 – Advisor

A lawyer shall exercise independent professional judgment and render candid advice, including moral, economic, and political factors relevant to the client.

ABA 2.3 – Evaluation for Use by Third Parties

 lawyer may provide an evaluation of a matter affecting a client for use by a third party if the lawyer reasonably believes it’s compatible with other responsibilities to the client.

ABA 2.4 Neutral Mediator

When acting as a third-party neutral, a lawyer must inform unrepresented parties that they are not representing them.

ABA 3.1 – Meritorious Claims and Contentions

A lawyer shall not bring or defend a proceeding unless there is a basis in law and fact that is not frivolous.

ABA 3.3 – Candor Toward the Tribunal

A lawyer must not knowingly make false statements to a tribunal, fail to correct false statements, or offer false evidence

California 3.3

An attorney may use the narrative approach to let the defendant testify in their own words without the attorney facilitating or relying on the falsehood so it prevents false testimony.

ABA 3.4 – Fairness to Opposing Party and Counsel

A lawyer shall not unlawfully obstruct access to evidence, falsify evidence, or disobey court rules.

Cali 3.4 Fairness to opposing party and counsel

bars lawyers from gaining an unfair advantage by hiding information, altering evidence, or paying off witnesses.

ABA 3.5 – Impartiality and Decorum of the Tribunal

A lawyer must not seek to improperly influence judges, jurors, or officials.

California 3.5

strictly prohibits lawyers from giving anything of value to court staff, bans improper ex parte or juror communications, shields jurors' families under those same restrictions, and imposes a mandatory duty to immediately report any known jury tampering to the court.

ABA 3.6 – Trial Publicity

Lawyers must not make statements likely to prejudice proceedings.

ABA 3.7 – Lawyer as Witness

A lawyer should not act as an advocate at a trial where they are likely to be a necessary witness.

ABA 3.8 Prosecutor Duties

Prosecutors must pursue justice, not just convictions, and ensure procedural fairness.

ABA 3.9 Nonadjudicative Proceedings

Lawyers must disclose when appearing in a representative capacity before a legislative or administrative body.

ABA 4.1 – Truthfulness

A lawyer shall not knowingly make false statements of material fact or law or fail to disclose material facts to avoid assisting a client’s crime or fraud.

ABA 4.2 – Communication with represented parties

Must not communicate with someone known to be represented by counsel about the subject matter.

ABA 4.3 – Dealing with Unrepresented Persons

Lawyer must not imply disinterest or mislead; may not give legal advice (other than to seek counsel).

ABA 4.4 – Respect for Rights of Third Parties

Must not use means that serve only to burden or embarrass.

ABA 5.1 Responsibilities of Partners

Partners and managers must ensure lawyers in the firm conform to ethical rules.

ABA 5.2 Subordinate Lawyers

Subordinates must follow ethical rules even under supervision.

ABA 5.3 Nonlawyer Assistants

Lawyers must ensure nonlawyer staff act ethically under supervision.

ABA 5.4 Professional Independence

No fee sharing with nonlawyers or influence by nonlawyers in legal decisions.

ABA 5.5 Unauthorized Practice

Lawyers must not practice law in jurisdictions where not admitted.

California 5.5

prohibits unlicensed individuals from practicing law or establishing a continuous legal presence in California, requires that attorneys knowingly assist unauthorized practice to face an ethical violation,

ABA 5.6 Restrictions on Practice

Prohibits agreements that restrict a lawyer’s right to practice after termination, except retirement benefits.

California 5.6

bans agreements that stop a lawyer from practicing law, but it allows law firms to financially penalize departing partners who compete against them.

ABA 5.7 Law-Related Services

Lawyers providing law-related services must ensure client understands no legal protection unless rules apply.

ABA 6.1 Voluntary Pro Bono

Lawyers should aspire to render at least 50 hours of pro bono legal services per year

ABA 6.2 – Accepting Appointments

A lawyer shall not seek to avoid court appointments except for good cause.

ABA 6.3 – Law Reform Activities

Lawyers may serve in legal service orgs even if interests of org conflict with client.

ABA 6.4 Law Reform Activities

Lawyers may participate in law reform even if reform adversely affects client interests.

ABA 6.5 Short-Term Legal Services

Limited-scope representation (e.g., clinics) is subject to reduced conflict rules.

ABA 7.1 Communications

Advertising and public statements must not be false or misleading.

California 7.1

bans any false or misleading advertising and requires clear disclaimers on all testimonials, past results, or dramatic reenactments

ABA 7.2 Advertising

Lawyers may advertise but must not give anything of value for recommendations, with certain exceptions.

California 7.2

allows lawyers to advertise across all media and give nominal, non-promised thank-you gifts for referrals, but strictly bans paying for recommendations and requires every ad to feature the physical address of a responsible attorney

ABA 7.3 Solicitation

No live person-to-person solicitation for monetary gain.

California 7.3

bans lawyers from initiating real-time, live contact with a person to get hired for financial gain unless an exemption applies.

ABA 7.4 Specialization

Lawyers can state they practice in certain areas; must be truthful.

ABA 7.5 Firm Names

Must not use misleading names or imply government affiliation.

ABA 7.6 Political Contributions

Lawyers cannot make contributions to obtain legal work (pay-to-play).

ABA 8.1 Bar Admission

Cannot make false statements or fail to disclose facts in bar admission or discipline matters.

ABA 8.2

 prohibits a lawyer from making a statement that the lawyer knows to be false—or with reckless disregard as to its truth or falsity—concerning the qualifications or integrity of a judge, adjudicatory officer, public legal officer, or candidate for judicial or legal office.

ABA 8.3 Reporting Misconduct

Must report another lawyer or judge’s serious misconduct that raises a substantial question of fitness.

ABA 8.4 Misconduct

Professional misconduct includes dishonesty, fraud, criminal acts, and discrimination.

California 8.4

bans dishonesty, fraud, and crimes, but treats defying a State Bar subpoena as an automatic violation and shifts all discrimination offenses into a separate, specialized rule.

ABA 8.5 Disciplinary Authority

A lawyer is subject to jurisdiction where admitted and where conduct occurred.