‼️
Prof Responsibility • Introduction
PR#000
Legal Definition
Overview and Issue Spotting: Professional Responsibility
Plain English Explanation
Let's be honest: most people hate (and joke about) attorneys, until they need one. From movies, to TV shows, to comments you've heard at family gatherings, lawyers and their perceived lack of ethics tend to be the punchline to many jokes.
/And yet, as you will learn in Professional Responsibility, lawyers are actually very regulated in how they do their job and are held to a high standard of ethics. Why? Because legal representation is a serious thing that can come with serious consequences ranging from fines to loss of freedom or even life. These rules are designed to protect clients, maintain the integrity of the legal profession, and ensure the proper administration of justice. At their core, they provide a framework for lawyers to navigate complex ethical dilemmas that may arise during their careers.
When studying or preparing for an exam on Professional Responsibility, focus on the "Four Cs": Competence, Confidentiality, Communication, and Conflicts of Interest. These core duties form the foundation of many ethical issues you’ll encounter in practice and on exams.
Competence requires lawyers to provide skilled and knowledgeable representation. Confidentiality obligates attorneys to protect client information. Communication involves keeping clients informed and making sure they understand their legal matters. Conflicts of Interest must be identified and managed to avoid compromising the lawyer's duty to any client.
On an essay, do not organize your response by duty, Instead, organize by the conduct of the attorney and the incidents they experience in chronological order. The factual incident or event should be your main heading (for example, "Attorney shared client information with spouse.") and then use subheadings for each ethical duty or duties triggered by the incident. From here, you will state the duty that is relevant to what happened, which rule is associated with that duty, and analyze it accordingly.
Lastly, please note that ethical issues are like a spider web, where one set of facts can trigger multiple ethical considerations.
Please note: All rules in these cards are ABA Model Rules unless the card specifically identifies that it is state specific.
/And yet, as you will learn in Professional Responsibility, lawyers are actually very regulated in how they do their job and are held to a high standard of ethics. Why? Because legal representation is a serious thing that can come with serious consequences ranging from fines to loss of freedom or even life. These rules are designed to protect clients, maintain the integrity of the legal profession, and ensure the proper administration of justice. At their core, they provide a framework for lawyers to navigate complex ethical dilemmas that may arise during their careers.
When studying or preparing for an exam on Professional Responsibility, focus on the "Four Cs": Competence, Confidentiality, Communication, and Conflicts of Interest. These core duties form the foundation of many ethical issues you’ll encounter in practice and on exams.
Competence requires lawyers to provide skilled and knowledgeable representation. Confidentiality obligates attorneys to protect client information. Communication involves keeping clients informed and making sure they understand their legal matters. Conflicts of Interest must be identified and managed to avoid compromising the lawyer's duty to any client.
On an essay, do not organize your response by duty, Instead, organize by the conduct of the attorney and the incidents they experience in chronological order. The factual incident or event should be your main heading (for example, "Attorney shared client information with spouse.") and then use subheadings for each ethical duty or duties triggered by the incident. From here, you will state the duty that is relevant to what happened, which rule is associated with that duty, and analyze it accordingly.
Lastly, please note that ethical issues are like a spider web, where one set of facts can trigger multiple ethical considerations.
Please note: All rules in these cards are ABA Model Rules unless the card specifically identifies that it is state specific.
Visual Aids
