Legal Ethics Foreign

8/13/2019 Legal Ethics Foreign

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Legal Ethics Outline

I. Attorney-Client Privilegea. Prohibits a court from compelling the revelation of confidential communications

between an attorney and a client

i. Only the client as the holder of the privilege may waive the privilegeii. !hen the client is a corporation the privilege e"tends to communicationsbetween the lawyer and a high-ran#ing corporate official

$. %his means that the entity can waive the privilege as toconfidential communications made between the lawyer and theentity&s officers'directors re(uiring the lawyer to testify about theseconfidential communications unless the lawyer also represents theofficer'director in an individual capacity and the confidentialcommunications were made with the officer'director in anindividual capacity )because then the individual holds theprivilege*

b. E"ceptions to the Privilegei. +nder the A,A ules and California rules the privilege does not apply ifthe client see#s the attorney&s services to enable or aid anyone to commitany future crime or fraud )duty of confidentiality still applies here though*

ii. Also in California the privilege is inapplicable if the attorney reasonablybelieves that the disclosure of confidence is necessary to prevent the clientfrom committing afuture crimethat is li#ely to result insubstantial bodilyharm or death

II. uty of Confidentiality )owed to client*a. Prohibits the attorney from revealing any confidential informationrelating to the

representation of the client )e.g. statements made by the client/ observations

made by the attorney regarding the client/ statements from third parties relating tothe client*i. E"ceptions0

$. Consent of the client after consultationa. Attorney also has implied consent to reveal what is

necessary to render his legal servicesi. E"ample0 1our client has synthesi2ed a new steroid

and has hired you to get a patent on the drug. 1oumay reveal the client&s invention to the PatentOffice because it is necessary to render your legalservices.

3. Crimesa. A,A ule

i. Attorney mayreveal confidential information abouta client if he reasonablybelieves disclosure isnecessary to prevent afuture crime involvingsubstantial bodily harm or death

b. California


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i. %here is no clear ethical e"ception to discloseconfidential information even for imminentsubstantial bodily in4ury or death but the Californiaevidence code overrides the attorney-clientprivilege to prevent substantial bodily harm

5. efending 1ourselfa. Attorney may disclose confidential information about aclient if necessary to establish a personal claim or defense

i. E"amples0$. %he client sues attorney for malpractice/3. %he client brings disciplinary actions against

the attorney/ and'or5. %he client refuses to pay the attorney

forcing him to sue the client for fees6. Attorney may disclose confidential information if compelled by

law other controlling ethical duties or a final court order

b. 7cope of the utyi. 7ource of the information does not matterii. 8Anything related to the representation of a client9 is construed very

broadly and can include business or political conse(uences )isn&t limitedto information directly related to legal services*

iii. Ethical standard is broader than the evidentiary attorney-client privilegeand can apply whether or not the information is privileged

c. uty applies regardless of whether client as#s it to remain confidential or whetherits revelation might harm or embarrass the client.

d. uty continues indefinitely even after representation has endedIII. uty of Loyalty )owed to client*

a. If a concurrent interest of the attorney another client or a third party materiallylimits or is directly adverse to loyal representation the attorney has a potential oran actual conflict of interest

i. Attorney may not ta#e on the representation unless0$. :e reasonably believes he can represent everyone effectively/3. :e informs each affected client/

a. If the duty of confidentiality prevents full disclosure noconsent is possible

5. Client consents in writing/ and6. %he consent is reasonable

a. If a reasonable lawyer would not advise a client to consentthen the consent is invalid

ii. If conflicts emerge only after representation begins the attorney mustdisclose potential and actual conflicts as they arise must get furtherconsent and must withdraw if consent is not reasonable

b. Imputed is(ualificationi. Attorney and all the members of his current firm are treated as a unit for

the purpose of conflicts )this includes any group of lawyers that wor#


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together closely or share responsibilities* )e.g. private firms governmentagency offices corporate law offices*

$. E"ceptions0a. !hen the conflict arises from previous government

services

b. !hen the conflict of the lawyer arises from a purelypersonal interest or relationship that would not affect theability of other firm members to represent the client

i. In these cases an 8ethical wall9 may ma#erepresentation reasonable by bloc#ing off anycontact on the matter between the lawyer with theconflict and other lawyers in the firm

ii. Imputed dis(ualification only applies to an attorney&sformerfirm )thatformer firm cannot ta#e on a matter* if0

$. %he matters are substantially related or the same/ and3. Any remaining lawyer has confidential material information

c. emediesi. efuse to ta#e the caseii. Advise multiple clients to get separate counsel

iii. !ithdrawd. ;ost Common Conflicts

i. Conflicts ,etween Lawyer&s Interest and Client&s Interest$. A lawyer must not have a proprietary )economic* interest in the

cause of action or sub4ect matter of the litigationa. E"ception0

i. An attorney may get a lien on property to securepayment of fees/ and

ii. An attorney may wor# on a contingent fee basis ifpermitted for the type of case involved )e.g.contracting for a percentage of the damagesawarded or settlement received*

3. A lawyer should not become interested in the sub4ect matter of thelitigation )e.g. proprietary interests*

a. E"ceptions0i. An attorney&s lien on property to secure payment of

feesii. An attorney can wor# on a contingent fee basis

5. ,usiness %ransactions or Adverse Interests0a. Attorney may enter into business with client or obtain an

interest adverse to the client only if0i. %erms are fair to the client/

ii.


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b. An attorney representing a company can agree to accept8payment9 in the form of shares of stoc# e(ual to the valueof the legal services performed if0

i. %he services have been valued reasonably/ii. %he transaction is documented/

iii. It is fair and reasonable under the circumstances#nown to the lawyer at the time the interest wasac(uired/ and

iv. %he interest doesn&t distort the lawyer&s advice tothe company

c. Attorney 7erving as irector of a Corporationi. %here is no automatic prohibition against an

attorney serving as a director of a corporate clientbut it is strongly discouraged )li#ely to compromiseattorney-client privilege and confidentiality as wellas create conflicts of interest*

ii. An attorney may serve as a director officer ormember of a legal services organizationthat is notthe attorney&s employer as long as the attorneydoesn&t #nowingly participate in a decision oraction of the organi2ation that is adverse to theattorney&s clients

6. Publication ights Contractsa. +nder A,A ule

i. Attorney may not enter into a contract for the rightsto tell the story of a client until representation hasended

b. California ulei. iscourages publication rights contracts before the

end of the proceedings but tolerates them if the4udge is satisfied that the client clearly understandsand consents

=. Loans and Advances to the Clienta. A,A Code and ;odel ules

i. A lawyer is prohibited from rendering financialassistance to the client in the conte"t ofcontemplated or pending litigation

$. E"ceptions0a. Attorney may advance court costs

and litigation e"penses )andrepayment can be contingent on theoutcome*/ and

b. Attorney representing an indigentclient can pay court costs ande"penses of litigation on behalf ofthe client


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b. California ulei. Attorney cannot promise to pay a client&s debts to

gain his business )cannot 8buy9 clients*ii. After the lawyer is hired he may lend the client

money for anypurpose as long as the client gives

him a written promise to repay the loan>. Limiting Liability for ;alpracticea. Attorney cannot prospectively limit his malpractice liability

when he enters into a relationship with his client )orcondition returning a client&s case file upon termination orwithdrawal on the client signing a liability release form*

b. An attorney can only settle a malpractice claim after givingwritten advice to the client to consult an outside lawyer first

?. +se of Informationa. +se or communication of information relating to the

representation of a client to her disadvantage ordinarily

violates the duties of both loyalty and confidentiality@. ifts to the Lawyer )or Lawyer&s


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a. If the attorney has distinctive valuein the case and withdrawal wouldimpose substantial hardship on theclient

5. Additional California E"ceptions0

a. If the testimony is to be given toanyone but a 4ury/ orb. If the client consents in writing

ii. Conflicts Among Clients$. enerally attorney may represent two clients withpotential

conflicts with the reasonable consent of each client but it is almostnever proper if their interests are in actual conflict

3. Opposite 7ides of the 7ame ;attera. It is never reasonable to assert a claim by one client against

another client in the same case )if parties are in directconflict*

i. E"ample0 Attorney&s firm represents %e"aco inlabor matters. !hen an employee of %e"aco as#sattorney to represent him in a suit against %e"acofor cutting off his benefits the attorney cannot ta#ethe case )imputed dis(ualification* because theparties are in direct conflict and it would beunreasonable

5. Opposing Present Client In a 7imultaneously Pending ;attera. A,A ule

i. If attorney )or his firm* represents a company in onearea )e.g. securities litigation* he probably may notrepresent an opposing party even if the case is in anunrelated matter )e.g. labor dispute*.

$. %his is because even if the attorney securesthe consent of each party the consent willli#ely be found to be unreasonable

b. Californiai. Absolutely prohibits a lawyer from ta#ing a case

against a client he is currently representing inanother matter even if there is no substantialrelationship between the two cases

6. %wo Clients !ith Inconsistent Positionsa. A lawyer may argue both for and against a certain cause or

law in two different cases as long as he receives theconsent of both clients

i. Attorney must withdraw if either client would bedisadvantaged

=. oint epresentation of ;ultiple Clients in the 7ame ;attera. Criminal ;atters


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i. ual representation is never allowed if attorney isappointed counsel

ii. ual representation in all other situations ispermissible as long as it doesn&t impede the 6thAmendments guarantee of effective assistance of

counsel$. A lawyer has provided ineffectiveassistanceof counsel )and was incompetent* if herconduct falls measurably below theperformance ordinarily e"pected of lawyersand her conduct affected the outcome of thetrial

b. e(uirements )civil matters and criminal cases*i. An attorney may represent two clients in civil

litigation if their interests are onlypotentially inconflict provided that the attorney0

$. easonably believes he can represent all ofthem effectively/3. isclosespotential conflicts and

disadvantages to each client/5. ets written consentfrom each client

a. Consent can be inferred from theterms of an insurance policy callingfor the insurer to retain counsel todefend the insured againstmalpractice actions/ and

6. Consent is reasonableii. If a potential conflict becomes apresent, actual

conflict )e.g. insurer wants to settle doctor wants atrial to prove his innocence/ one defendant can pleabargain if he testifies against the other defendant*the attorney cannot continue to represent bothparties.

$. %he attorney should advise both partiesabout the conflict advise one or both ofthem to get separate counsel withdraw orcontinue to represent one party )e.g. theparty you have obtained confidentialinformation about* but withdraw from theother client )e.g.that would be hurt by thatconfidential information*.

a. Also once an actual conflictbecomes evident the attorney shouldrefrain from sharing each party&sconfidential information with theother party


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iii. E"amples0 epresenting both the insured and theinsurance company )e.g. Insurance company hiresattorney to represent the company and a doctor in amalpractice action* an employee and the companyas co-defendants in civil litigation or both spouses

in a prenuptial agreement divorce or will.iv. DO%E0 If a malpractice insurance policy gives theinsurer the right 8to investigate and settle anyclaims as it deems appropriate9 this creates apotential conflict in itself because it places theinsurer in a superior bargaining position andpre4udices the doctor&s right to go to trial with fairrepresentation

>. Dew Clients In ;atters elated to


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$. %he former government attorney is screenedoff/

3. %he former government attorney does notshare in any part of the fee in the matter

a. :e can receive salary or partnership

shares established by priorindependent agreement however/and

5. %he government employer is notifiedb. California is silent on this )has not adopted A,A ule*

iii. Conflicts ue to %hird Party Interference$. Accepting


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result in substantial in4ury to the entity the lawyer mustproceed as is reasonably necessary in the best interests ofthe entity

i. As# for reconsideration of the matter/ii. Advise that separate legal opinion be sought on the

matter/iii. efer the matter to a higher authority within theentity including if warranted by the seriousness ofthe matter the highest authority that can act onbehalf of the organi2ation

$. !hen the organi2ation&s highest authorityinsists on action that is a clear violation oflaw and is li#ely to result in substantialin4ury to the organi2ation the lawyer maywithdraw.

c. If the attorney cannot proceed in the best interests of the

entity because he cannot reveal a client-officer&s or client-employee&s confidential information to the entity he mustwithdraw from representing the entity

IF. Attorney&s


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ii. Contingency fee agreements are allowed fordivorces provided the fee arrangement doesn&tencourage divorce

3. e(uirements0a. ;ust be in a signed writing/

b. ;ust contain0i. :ow the fee is calculated )the attorney&s percent*/and

ii. :ow costs will be handled )what e"penses are to bededucted from the recovery and whether thepercentage is ta#en before or after e"penses arededucted*

c. California also re(uires them to contain0i. :ow the client will be charged for other related

legal wor#/ andii. A statement that the attorney&s fees are not set by

law )are negotiable*iv. Amount of


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5. eferral


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3. %he money is contained in a chec#ingaccount/ and

5. %he interest goes first to pay the ban#&sservice charges and the remainder goes tothe California 7tate ,ar to fund legal

services for the pooriii. If there is a disputed claim for fees or if a third party has a lawful claimover a client&s funds or property in the attorney&s custody the attorneymay withhold the disputed portion in the client trust account untilresolution of the claim

iv. uties elated to Client %rust Accounts0$. Heep good records for the client/3. ender accountings/5. Dotify the client of moneys received on his behalf/ and6. Promptly pay money owed to the client=. California also re(uires0

a. %he attorney to #eep records of client property for fiveyears after final distribution/ andb. ;a#e these records available to the 7tate ,ar for audits

F. Competence Other Common 7ense uties Owed to the Clienta. uty of Competence

i. Attorney has a duty to render competent service to his client.$. 8Competence9

a. %he legal #nowledge s#ill thoroughness and preparationreasonably necessary for the representation

ii.


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a. If negligence is claimed the plaintiff must prove a breachof the duty of care owed by the attorney )the s#ill care and4udgment that a reasonably prudent practitioner would haveused under the circumstances/ or the s#ill care and4udgment that a reasonably prudent speciali2ed practitioner

would have used if the attorney held herself out as aspecialist*b. Accepting epresentation

i. An attorney is free to accept or re4ect any caseii. An attorneyshouldaccept as part of his duty to the public and the

profession0$. %he case of the defenseless or oppressed 8if the only reason to

refuse is selfish9/ and3. A fair share of pro bono wor# each year )= hours of pro bono

wor# for truly indigent clients is urged by the A,A*iii. An attorney must re4ect a case if he would violate a law or disciplinary

rule in ta#ing itc. 7cope of epresentationi. %he client ma#es the ultimate decisions about her substantive rights )e.g.

whether to testify in a criminal case waive a 4ury trial enter a plea pleadguilty or accept a settlement offer* )and must therefore always bepresented with any offers to plea or settle*

$. If a client as#s about illegal conduct the lawyer can and shoulde"plain that the conduct is illegal but must not recommend illegalconduct or advise the client how to act illegally and get away withit

ii. %he lawyer ma#es decisions on procedure and legal strategy )e.g. whatdiscovery to see# or what motions to file*

iii. If the lawyer and client disagree attorney can limit the scope ofrepresentation with client consent.

d. uty to Communicatei. Attorney has a duty to #eep his client informed about the case and any

substantial developments in the litigation )including any settlement offers*$. %his includes any settlement offers and returning phone calls

a. If a settlement offer is made to 4oint clients the attorneyshould consult each client prior to entering intonegotiations and must convey the offer to each client andma#e sure they agree on the division of the settlementbefore accepting the settlement

3. Communication regarding the case made by the attorney&ssecretary or letting one client to a case act as another client&sinterpreter is inade(uate to fulfill this duty to the client. Lawyerhas an obligation to personally communicate with his clients aboutthe case )or at least provide a neutral interpreter*

e. uty of iligence


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i. Attorney must act on behalf of his client with reasonable diligence andpromptness and mustsee the matter through to completion

$. A lawyer should not ma#e a fee agreement with a client that couldresult in curtailing services in the middle of the relationship

f. uties on !ithdrawal from epresentation

i. An attorney may enter into an agreement with his client that he willwithdraw if the client refuses a settlement offerii. A client cannot be penali2ed for firing an attorney )attorney cannot charge

a fee as a penalty or forfeiture*iii. %hree ways an attorney might leave a case before the matter is resolved

$. Client


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further a continuing crime )but thisdoes not allow revealing clientconfidences*

5. %he client insists upon ta#ing action that thelawyer considers repugnant or with which

the lawyer has a fundamental disagreement/6. %he client fails substantially to fulfill anobligation to the lawyer regarding thelawyer&s services and has been givenreasonable warning that the lawyer willwithdraw unless the obligation is fulfilled/

=. %he representation will result in anunreasonable financial burden on the lawyeror has been rendered unreasonably difficultby the client/ or

>. Other good cause for withdrawal e"ists

b. Californiai. A lawyer may notwithdrawal0$. ;erely because withdrawal will not have a

materially adverse effect on the client/3. If the client has used the lawyer&s )or his

firm&s* services to commit apastcrime orfraud/ or

5. If representation will result in anunreasonable financial burden on the lawyer

c. %he court may deny the attorney&s withdrawal and attorneymust continue in the representation notwithstanding goodcause for terminating the representation

iv. Procedure for !ithdrawal$. Attorney must provide client with0

a. %imely reasonable noticeprior to terminating legalservices/

b. Any unspent fee and e"pense advances/ andc. %he client&s papers and property )including wor# product*

3. Attorney must return all unspent fees papers and property even ifthe client has not yet paid the attorney )California forbidswithholding a client&s materials for attorney&s fees*

g. Other utiesi. Attorney must be reasonable and sensible

ii. 7e"ual elations with Clients$. California ule 5-$3 )fill in from class notes*

a. A member of the ,ar shall not0i. e(uire or demand se"ual relations with a client

incident to or as a condition of employmentii. :ave se"ual relations with a client


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$. E"ception0 !here the two had a consensualse"ual relationship before they becamelawyer and client )lawyer should still ma#esure his ability to represent the client willnot be affected*

FI. uties of Candor to the Public ignity of the Profession0 Advertising 7olicitationa. %raditional professional ethics rules banned attorney advertising but the 7upreme

Court has held that lawyer advertising is commercial speech protected by the


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are not a promise about the results in the potential client&scase

iii. Claims of legal specialties$. An attorney may e"plain his fields of practice )e.g. 8practice

limited to federal courts9* but he can only claim speciali2ation if0

a. :e is a patent attorney/b. :e is an admiralty attorney/c. :e has earned a certificate in a specific legal sub4ect issued

by the California ,oard of Legal 7peciali2ation/ ord. :e has earned a certificate from a private organi2ation that

is either approved by the A,A or identified clearly as anorgani2ation not approved by the 7tate

iv. Claiming Partnerships or Affiliations$. Attorneys may not improperly claim partnerships or affiliations3. In California it is a presumed violation of ethics rules for an

attorney to state or imply that he is affiliated with or has a

relationship with a government agency or non-profit.v. Attorney must #eep records of the content and placement of anyadvertisements for two years

c. 7olicitation )individuali2ed contact with a lay person initiated by the lawyer orher agent that is designed to entice him to hire the lawyer*

i. Attorney cannot see# professional employment forpecuniary gainbyinitiating a live )face to face* telephone or real-time electronic contactwith aprospectiveclient who is not a lawyer and with whom the attorneyhas had no prior professional personal or family relationship

$. Lawyer will not be sub4ect to discipline for soliciting pro bonofree services

ii. unners and cappers )agents* cannot do anything that a lawyer cannot doiii. %argeted irect-;ail 7olicitations

$. Absent actual #nowledge that the prospective client does not wishto receive communications from the attorney the attorney maysend truthful non-deceptive letters to persons #nown to face aspecific legal problem

3. %he first page of the letter and the envelope must be labeled as8advertising materials9 )recorded communications must begin andend with an announcement*

iv. roup and Prepaid Legal 7ervice Plans$. A lawyer may participate in a group or prepaid legal service plan

even though the plan uses personal contacts and live telephonecontacts to offer the plan to persons who are not #nown to needlegal services

3. A lawyer member may personally contact a group that might wishto adopt a legal service plan for its members

FII. uty of Candor to the Court


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i. %his duty generally even overrides conflicting duties of loyalty andpreservation of confidences

b. uty to 7tate the Law %ruthfullyi. Hnowingly ma#ing a false statement of law to the court is sub4ect to

discipline

ii. Attorney has a duty to be candid about the law and a duty to cite toadverse authorityif0$. It is from a controlling 4urisdiction/ and3. It is directly on point

iii. Presenting frivolous claims or defenses is unethical and is sub4ect todisciplinary action

c. uty to Present


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$. A,A0 %he 4udge must be told )because theright to counsel and the duty ofconfidentiality do not shield per4ury*

3. California0 %he client may testify in a8narrative9 fashion but the attorney may not

do anything that furthers the deception )e.g.as# (uestions/ argue points to the 4ury*iv. A lawyer for a defendant in a criminal case is not

sub4ect to discipline for putting the prosecution toits burdens and re(uiring every element of the caseto be proven beyond a reasonable doubt )e.g. evenif the lawyer #nows that there is incriminatingevidence against his client and his client might beguilty he can still argue to the 4ury that theprosecution failed to prove identity )or some otherelement* and that the 4ury should believe the

defense witness& testimony*c. %he obligation to correct per4ury ends with the completionof the proceedings

d. uty to Produce Evidencei. Attorney cannot knowingly and unlawfully alter destroy falsify or

conceal'hide evidence or counsel his client to do so$. E"ample0 If attorney does not #now that a client&s ring is the same

ring as recorded on a burglary surveillance tape but doesn&t wantthe client to wear it for fear that it might create an implication thathe is guilty the attorney may counsel the client to remove the ring/however if the attorney counsels the client to remove the ring withthe intention to hide evidence the attorney can be sub4ect todiscipline

ii. If an attorney is reasonably certain that somethinggiven to him by theclient and in his possessionis a fruit or instrumentality of a crime he mustturn it over to the authorities )e.g.police A* in a reasonable time )e.g.can do tests or authenticate it first*

$. %his is true even if the fruit or instrumentality is cash paid to theattorney for legal services

3. Attorney may not disclose where he received the item or what wassaid to him by the client about the fruit or instrumentality )duty ofconfidentiality*

iii. Lawyer learns about the location of real evidence from an attorney-clientprivileged communication but doesnot take possession

$. Do turn over duty3. Do disclosure duty

iv. Lawyer learns about the location of real evidence through an attorney-client privileged communicationand then removes the evidencefrom itsoriginal location or alters it

$. %urn over duty


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3. ;ust disclose the original location and condition of the evidencev. Lawyer takes possessionof an itemfrom a third party

$. %urn over duty3. isclosure duty

e. E" parte proceedings )unusual communications with the 4udge outside of the

presence of the adversay*i. Attorney&s duty of fairness re(uires him to reveal all relevant informationto the 4udge in an e" parte proceeding and this overrides the normalpresumption that the attorney is not to volunteer facts harmful to hisclient&s case

f. uty to +phold the Lawi. Preventing the Client


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iii. Attorney has a duty to follow valid procedural rules and court ordersunless he is ma#ing a good faith challenge to their validity )e.g.cannotabuse or obstruct discovery*

b. uty to Preserve the Impartiality and ecorum of the %ribunali. Attorney may not try to improperly influence anyone

$. ,efore and during trial the attorney may not tal# to anyprospective or empanelled member of the 4ury3. After the trial is over if local law permits the lawyer may

interview 4urors as long as he does not harass them or influencetheir future 4ury service

ii. Attorney may not use tric#ery or 8chicanery9 )e.g. referring toinadmissible evidence or matters unsupported by evidence/ assertingpersonal #nowledge of the facts at issue*

iii. uty to Avoid isruptive Conduct$. An attorney must refrain from abusive or hostile conduct

belligerence or theatrics

a. +nder the A,A ules a lawyer 8may stand firm againstabuse by a 4udge but should avoid reciprocation9c. Additional uties to the Profession and the Public

i. +nauthori2ed Practice of Law )8doing things that call for the professional4udgment of a lawyer9*

$. Lawyer may not engage in the unauthori2ed )or unlicensed*practice of law )in order to safeguard the public fromincompetence*

a. Practicing in a state in which the attorney is not admitted isa violation unless it is allowed under e"ceptions for 8prohac vice9 appearances in a specific matter or multi-4urisdictional practices

3. A lawyer is sub4ect to discipline for assisting a nonlawyer toengaged in the unauthori2ed practice of law )e.g. negotiating withinsurance ad4usters/ discussing proposed settlements with clients/e"plaining releases and e"ecuting legal documents*

a. It is permissible for nonlawyers to perform investigationand witness interviews however

ii. Conduct enerally$. A lawyer should not engage in conduct involving dishonesty

fraud deceit or misrepresentation )including in their privatebusiness or personal affairs*

iii. eporting ;isconduct of Attorneys$. A,A ules

a. A lawyer is re(uired to report another lawyer&s or 4udge&sviolation of the ethical rules if it raises a substantial(uestion as to that lawyer&s honesty, trustworthiness, orfitness as a lawyer

3. California ules


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a. California does not re(uire a lawyer to report anotherlawyer&s or 4udge&s violation of the ethical rules butinstead re(uiresself-reportingby the lawyer of any felonycharges civil liabilities for fraud or breach of fiduciaryduty disciplinary actions ta#en against him in another

4urisdiction and other difficultiesJ. uties of 7ubordinate Lawyersa. If an attorney is under the control and supervision of another attorney )e.g. a

senior partner* who orders the attorney to ta#e an action in violation of the ethicalrules0

i. If the attorney&s ethical violation is clear the attorney is sub4ect todiscipline

ii. If the attorney&s ethical violation is debatable the partner is solelyresponsible

iii. %he senior partner is always in violation and sub4ect to discipline if heordered or ratified the action had direct supervisory authority and #new

of the conduct at the timeiv. In California the attorney can be disciplined for merely #nowing about afellow firm member&s disciplinary violation and doing nothing to preventit

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Legal Ethics Foreign