FREE DE Bar Ethics and Professional Responsibility Questions and Answers
What is the appropriate course of action if an attorney discovers that client funds have been misappropriated from their trust account?
If an attorney discovers that client funds have been misappropriated from a trust account, they must promptly notify the client and the appropriate authorities, take steps to rectify the situation, and cooperate with any investigations. This is crucial to maintaining trust and integrity in the legal profession.
When an attorney represents a new client with interests adverse to a former client, what must the attorney consider under the Delaware Rules of Professional Conduct?
When representing a new client with interests adverse to a former client, the attorney must determine if the new matter is substantially related to the former client’s representation and whether the former client’s interests are materially adverse. This ensures that the attorney does not use information from the previous representation to the detriment of the former client.
A lawyer is offered a significant gift from a client in gratitude for legal services provided. What should the lawyer consider before accepting the gift?
Accepting substantial gifts from clients can create a conflict of interest or give the appearance of impropriety, as it may affect the lawyer’s objectivity or professional judgment. According to the Model Rules of Professional Conduct, a lawyer should generally decline such gifts to avoid any potential conflict or perception of undue influence. If a gift is made, it should be of nominal value, and the lawyer should consider whether its acceptance might affect the representation.
An attorney is representing a client in a civil case and learns that the client intends to commit perjury. What should the attorney do?
An attorney cannot assist a client in committing perjury. Upon learning that a client intends to commit perjury, the attorney should first attempt to persuade the client not to proceed with the false testimony. If the client persists, the attorney is required to withdraw from representation and inform the court about the client’s intention to commit perjury. This is in accordance with the Model Rules of Professional Conduct, which prohibit attorneys from facilitating or allowing fraudulent behavior.
A lawyer discovers that a colleague has engaged in serious misconduct, such as embezzling client funds. What is the lawyer's ethical obligation regarding this discovery?
Lawyers have an ethical obligation to report serious misconduct by colleagues, such as embezzlement of client funds, to the appropriate disciplinary authority or bar association. The Model Rules of Professional Conduct require lawyers to report professional misconduct that raises a substantial question as to the lawyer's honesty, trustworthiness, or fitness to practice law. Ignoring such misconduct or merely discussing it without taking further action would be inappropriate and could harm the integrity of the legal profession.