Also known as: Rule of Professional Conduct · Rules of Prof. Conduct · RPC · professional responsibility rules · ethics rules
Written by attorneys · grounded in primary & secondary sources — see below
A set of binding standards adopted by courts to regulate lawyer conduct and ensure professional integrity in client representation and the justice system. These standards impose duties of communication, supervision, loyalty, and self-regulation on all lawyers regardless of practice setting.
Rajesh Rao asked his lawyer to help structure an online gambling operation that federal regulators had already declared unlawful. The lawyer realized the client expected assistance the Rules would not permit and therefore consulted with Rajesh about that limitation before proceeding further with the representation.
Roland Rhodes, a senior partner, learned that an associate under his direct supervision had filed a pleading containing a material misrepresentation. Rhodes immediately reviewed the associate's work processes and imposed additional review steps to ensure future compliance with the Rules.
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Roberto Reyes, a junior associate, received a directive from his supervising partner on an arguable question of whether certain discovery responses would violate the Rules. Reyes followed the partner's reasonable resolution of that question and therefore incurred no violation himself.
Raphael Rivera received an instruction from a senior partner to withhold a key document from opposing counsel. Rivera refused to follow the instruction because the Rules bound him personally even though another person had directed the conduct.
Ryan Roberts, class counsel in a civil rights suit, negotiated a settlement that included a fee award to the firm while simultaneously securing relief for the class members. The arrangement required Roberts to ensure that the fee discussion did not create a conflict that would violate the Rules governing loyalty to the class.
Regina Robinson represented parties seeking recognition of a fundamental right before the Supreme Court. Throughout the litigation Robinson maintained strict compliance with duties of candor and confidentiality under the Rules even as the case drew intense public scrutiny.
The lawyer must consult with the client about the relevant limitation on the lawyer's conduct. This consultation allows the client to make informed decisions and prevents the lawyer from assisting in conduct that would violate the Rules.
A supervising lawyer is responsible if the supervisor orders or ratifies the conduct or knows of the conduct at a time when its consequences could be avoided or mitigated but fails to take reasonable remedial action. Direct supervisory authority also requires reasonable efforts to ensure the other lawyer conforms to the Rules.
A subordinate lawyer remains bound by the Rules even when acting at the direction of another person. The subordinate avoids a violation only when following a supervisory lawyer's reasonable resolution of an arguable question of professional duty.
State rules of professional conduct cannot authorize or immunize conduct that federal law makes unlawful. Federal law remains supreme, so a lawyer may still face federal enforcement even if the state rule appears to permit the activity.
…duty to serve only his or her own client’s interest. Sun adds that such a rule would be improper because it would violate a rule of professional conduct prohibiting counsel for one party from giving legal advice to an opposing party who is unrepresented, in that such advice might cause the unrepresented party to believe counsel is serving…