Questions tagged [professional-ethics]

105 questions
27
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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. While he was in jail, his lawyer followed his…
TreVon
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Judge Judy specific retaliation: technically ethical?

In this clip, Judge Judy Sheindlin directs a defendant to “talk fast.” He responds with, “If you wouldn’t cut me off, I’d be able to talk fast.” Judge Judy, out of disbelief or humor, asks the bailiff to confirm that this is what he said and…
21
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1 answer

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 represented themselves as the lawyer for the…
Drew Shafer
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Can a lawyer subject the court to a (temporary) 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 trial occurs, and the defendant is not already…
17
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10 answers

What does a lawyer do if they know for absolute certain that their client is guilty?

Say that a person is accused of committing a crime, they either hire a lawyer or have one appointed to them. Some time later, the lawyer learns that their client most certainly committed the crime. Perhaps the client shows the lawyer a video of them…
Thunderforge
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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 Jimmy is suspended and Kim gets in a car accident. 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…
0x777C
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2 answers

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 the landlord's own operating address) before they…
9
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2 answers

What rules of legal ethics apply to information a lawyer learns during a consultation?

How do laws of ethics apply to conflict of interest for consultation purposes? If Alice who is potentially involved in a lawsuit consults with an attorney and discloses confidential information to the attorney but initially hasn't hired that…
HelloDarkWorld
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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 office/public defender's office/bar association etc…
7
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1 answer

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. However, the intervenor on the side of the…
TylerDurden
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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 Tran (the lawyer acting for the government) told…
Greendrake
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7
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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 exactly does that involve when the previously given not guilty…
Greendrake
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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 the trial and the lawyer reasonable believes the…
6
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1 answer

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?
Someone
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What did Flybe actually do wrong?

Read an article recently regarding FlyBe, and their attempt to find out (from a list of unknown user data) who wanted to be contacted in the future with promotions, etc. They sent an email to this list of unknown users to determine just that, but…
Hemm K
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