Confidentiality is a core duty of lawyers, and when confidential information is inadvertently disclosed, the lawyer must inform the client and take steps to mitigate any harm. The lawyer should also work to rectify the situation, which may involve requesting that the court take measures to seal the document or limit access to the confidential information.
If a lawyer learns that a client plans to commit perjury, the lawyer cannot continue to assist in presenting false testimony. The lawyer has an ethical duty to avoid facilitating or allowing the commission of perjury. The proper course of action is to withdraw from representation and inform the court of the reason for withdrawal to ensure that the court is aware of the ethical breach and can take appropriate action.
Lawyers have an obligation to report misconduct that raises a substantial question about another lawyer’s honesty or fitness to practice law. Ignoring the behavior or using it as leverage is not acceptable and can compromise the integrity of the legal profession.
Under the California Rules of Professional Conduct, attorneys should generally avoid accepting substantial gifts from clients, as it can create a conflict of interest or the appearance of impropriety. Token gifts of nominal value (e.g., a holiday card) are usually acceptable, but substantial gifts should be declined to prevent any potential conflicts.
The lawyer has a duty of candor to the court and must not engage in any conduct involving dishonesty, fraud, or deceit. Filing a complaint with false allegations would violate this duty. The lawyer should refuse to file the complaint and explain to the client the ethical obligation to present truthful information to the court.
