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.
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.
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.
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.
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.
