Also known as:professionals · professionalism · professional responsibility · professional ethics
Written by attorneys · grounded in primary & secondary sources — see below
A licensed member of a regulated occupation who is subject to ethical codes and disciplinary oversight for conduct in the practice of that occupation. The status carries duties of independent judgment and compliance with rules that protect clients and the public from improper influence or misconduct.
Sources & Authorities
How it applies
Common Examples
6
Lawyer Consults on Impermissible Request
Pavel Petrov asked his lawyer to file a pleading that would violate court rules. The lawyer recognized the request exceeded permitted conduct and met with Pavel to explain the limitation and discuss alternatives that stayed within the rules.
State Law on Sports Betting Challenged
Priya Prasad, a state legislator, sought to authorize sports gambling through new legislation. Federal authorities invoked a statute barring state authorization, prompting a challenge that the federal command improperly directed state legislative action rather than regulating private conduct.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Course Outlines
Philip Powell arranged a surrogacy agreement. The prospective surrogate met with a licensed mental-health professional for the required consultation before signing, satisfying the statutory precondition for executing the agreement.
Third-Party Payment Preserves Independence
Pilar Pena's legal fees were paid by her employer. The lawyer confirmed that the payment arrangement created no interference with independent professional judgment or the client-lawyer relationship before accepting the funds.
Tax Evasion Leads to Discipline
Pierce Patterson, a lawyer, was convicted of willfully evading income taxes. The conviction triggered professional discipline proceedings on the ground that the criminal conduct reflected adversely on honesty and fitness to practice, independent of the criminal sentence.
Contribution Seeks Judicial Appointment
Piper Patel made a political contribution to a judicial candidate. The contribution was made to obtain consideration for a government legal engagement, raising questions about whether the selection process rested on competence rather than the contribution.
Common questions
Frequently Asked
3
When must a lawyer consult a client about limitations on the lawyer's conduct?+
A lawyer must consult when the lawyer knows the client expects assistance that the rules or other law do not permit. The consultation allows the client to make informed decisions about the representation and prevents the lawyer from proceeding with impermissible conduct.
Does a criminal conviction for tax evasion subject a lawyer to professional discipline?+
Yes. A conviction for willfully attempting to evade income taxes constitutes criminal conduct that reflects adversely on honesty, trustworthiness, or fitness as a lawyer. Discipline may proceed independently of the sentence imposed in the criminal case.
What condition must be met before a lawyer accepts compensation from a third party?+
The client must give informed consent, the payment must not interfere with the lawyer's independent professional judgment or the client-lawyer relationship, and information must remain protected under confidentiality rules.
410 U.S. 113 (1973)Constitutional Law
…recognized state interests. The decision vindicates the right of the physician to administer medical treatment according to his professional judgment up to the points where important state interests provide compelling justifications for intervention. Up to those points, the abortion decision in all its aspects is inherently, and…
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