Also known as:legal ethic · legal ethical · professional responsibility · attorney ethics · lawyer ethics
Written by attorneys · grounded in primary & secondary sources — see below
The minimum standards of appropriate conduct within the legal profession, involving the duties that its members owe one another, their clients, and the courts.
Sources & Authorities
How it applies
Common Examples
6
Lawyer Meets Pro Bono Target
Lucia Lopez, a solo practitioner, devotes sixty hours each year to representing tenants facing eviction who cannot afford counsel. She records the time separately from her billable matters and declines any payment from those clients. Her annual commitment satisfies the professional expectation that lawyers assist persons of limited means without charge.
Judicial Candidate Discusses Sentencing Views
Lance Lee, a sitting judge running for reelection, states at a public forum that he will impose maximum sentences on repeat violent offenders. Opponents claim the statement undermines judicial impartiality. The statement addresses a legitimate topic of public concern without promising a particular result in any pending case.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Model Codes
Dictionaries
Republican Party of Minnesota v. White536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002)
Law Firm Advertises Routine Services
Lars Lindstrom places a newspaper notice listing fixed fees for uncontested divorces and simple wills. The ad states only the services offered and the prices charged. The announcement supplies factual information that helps potential clients locate affordable representation.
O’Steen v. State Bar of Arizona433 U.S. 350, 97 S.Ct. 2691, 53 L.Ed.2d 810 (1977)
Defense Counsel Advises on Deportation Risk
Lucas Lee represents a noncitizen charged with a drug offense. Before the client enters a plea, Lucas explains that conviction will almost certainly trigger removal proceedings. The client uses that information to weigh the plea offer against possible immigration consequences.
Padilla v. Kentucky130 S. Ct. 1473, 1485 (2010)
Attorney Visits Accident Victim at Home
Leo Lynch arrives uninvited at the home of an injured driver the day after a collision. He offers to handle the insurance claim for a contingency fee and urges an immediate signature. The in-person contact occurs before the driver has retained other counsel or had time to reflect.
Ohralik v. Ohio State Bar Association436 U.S. 447, 460 (1978)
Advertisement Includes Required Disclaimer
Levi Lowe runs a newspaper ad for his personal-injury practice that states clients may owe costs even if no recovery occurs. The disclaimer appears in the same size type as the rest of the text. The notice prevents readers from assuming that a contingent-fee arrangement eliminates all financial risk.
Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio471 U.S. 626 (1985)
Common questions
Frequently Asked
4
Must every lawyer perform exactly fifty hours of pro bono work each year?+
The rule sets an aspirational goal rather than a mandatory quota. Lawyers fulfill the responsibility by providing a substantial majority of the hours without fee to persons of limited means. Failure to reach the target does not by itself trigger discipline.
Can a subordinate lawyer avoid discipline by following a supervising attorney's directive?+
Each lawyer remains personally responsible for compliance with the rules regardless of instructions from others. A subordinate may rely on a supervisor's reasonable resolution of an arguable question but cannot follow a clearly unreasonable directive. Personal accountability prevents upward delegation of ethical duties.
When does a lawyer's ancillary business fall under the Model Rules?+
Law-related services provided through an entity controlled by the lawyer are subject to the rules if the lawyer fails to take reasonable measures to inform recipients that the services are not legal services and that attorney-client protections do not apply. Clear written disclaimers and separate branding help satisfy the notice requirement.
Does providing legal services in a state where the lawyer is not licensed subject the lawyer to that state's disciplinary authority?+
A lawyer who provides or offers to provide legal services in a state becomes subject to that state's disciplinary authority even without local licensure. The rule applies whether the work occurs inside the state or produces effects there. Multiple jurisdictions may therefore discipline the same conduct.
449 U.S. 383 (1981)Evidence
…is ascertaining the factual background and sifting through the facts with an eye to the legally relevant. See ABA Code of Professional Responsibility, Ethical Consideration 4-1: "A lawyer should be fully informed of all the facts of the matter he is handling in order for his client to obtain the full advantage of our legal system. It…