Written by attorneys · grounded in primary & secondary sources — see below
A person who assists, defends, pleads, or prosecutes for another.
Sources & Authorities
How it applies
Common Examples
6
Lawyer Harasses Opposing Counsel
Anita Ali represented a plaintiff in a discrimination suit. During a deposition she repeatedly mocked the defense lawyer's national origin and refused to proceed until he left the room. The grievance committee found that her conduct violated professional standards for advocates.
Director Sued by Corporation
Adam Anderson served as an officer of Ashford Manufacturing. The company later sued him derivatively for self-dealing in a land deal. Anderson argued the corporation lacked power to bring the action.
Judge Acts for Real Estate Firm
Abigail Alvarez, a sitting judge, executed deeds and contracts for a private real estate company she managed on the side. The judicial conduct commission charged her with improper business activity.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Nonprofit Sends Rights Letters
Ava Adebayo worked for Apollo Energy, a nonprofit that mailed letters informing low-income residents of utility rights and offering free representation. State regulators tried to ban the mailings as improper solicitation.
Counsel Refuses Perjured Testimony
Adrian Aguilar's client insisted on testifying falsely at trial. Aguilar refused to present the testimony and informed the court after attempting to dissuade the client, prompting a claim of ineffective assistance.
Lawyer Advertises Certification
Anthony Arnold placed an advertisement stating he was a certified civil trial specialist. The state bar sought to discipline him for the claim even though the certifying body was legitimate.
Common questions
Frequently Asked
6
Does Rule 8.4(g) prevent a lawyer from declining a representation?+
No. The rule expressly preserves a lawyer's ability to accept, decline, or withdraw from a representation under Rule 1.16 while still prohibiting harassment or discrimination in conduct related to the practice of law.
Supporting sources
When may a corporation challenge an officer's act through a derivative proceeding?+
A corporation may bring a proceeding directly, derivatively, or through a receiver against an incumbent or former director or officer under Model Business Corporation Act section 3.04(b)(2).
Supporting sources
What consequence follows when a judge serves as a business manager for a private company?+
The conduct violates judicial conduct rules that bar judges from serving as officers or employees of business entities and may result in removal from office.
Supporting sources
Are letters from nonprofit advocacy groups offering free legal help protected speech?+
Yes. Such letters constitute expressive and associational activity protected by the First Amendment and receive greater protection than commercial solicitation.
Supporting sources
Does a lawyer violate the duty of advocacy by refusing to present perjured testimony?+
No. Counsel's duty of loyalty does not extend to assisting perjury. The lawyer must first attempt to dissuade the client and may disclose the perjury if necessary.
Supporting sources
May a state prohibit a lawyer from truthfully advertising a legitimate certification?+
No. A truthful statement of certification on letterhead is protected commercial speech that a state may not categorically ban, though disclaimers may be required.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…traces the treatment of these and other cases by earlier commentators. He concludes that Coke, who himself participated as an advocate in an abortion case in 1601, may have intentionally misstated the law. The author even suggests a reason: Coke's strong feelings against abortion, coupled with his determination to assert…