LAW 253 - CHAPTER 4

Ethics and Professionalism

Attorney-Client Privilege

A rule of evidence requiring that communications between a client and his or her attorney be kept confidential unless the client consents to disclosure.

Competence

Rule 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Conflict of Interest

In law, representing one client that will directly and/or adversely affect the client’s interest, the attorney, or another third party that is not a client

Confidentiality

Rule 1.6: A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, or the disclosure is impliedly authorized in order to carry out the representation or otherwise permitted by rules.

Ethics or Legal Ethics

minimum standards of conduct required by an attorney in practicing law

Limited Licensed Professional

Legal permission to engage in a regulated activity on a limited basis

Model Rules of Professional Conduct

The rules developed by the American Bar Association to govern the conduct of lawyers in practicing law.

Nonlawyer Assistant Responsibility

Rule 5.3: A requirement that lawyers having direct supervisory authority over nonlawyers make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer

Professionalism or Legal Professionalism

The proper morals and behavior one should exhibit in the representation of clients and the law profession.

Unauthorized Practice of Law (UPL)

Rule 5.5: The practice of law by a person, typically a nonlawyer, not licensed or admitted to practice law in a given jurisdiction. This also applies to lawyers not admitted to practice in a particular jurisdiction as well as a disbarred or suspended lawyer.