Attorney-client privilege protects confidential communications between an attorney and their client. If a witness discloses such information, the attorney should object and assert the privilege to prevent further disclosure of privileged information.
Client funds must be kept in a separate trust account to prevent misuse or commingling. The attorney should correct the error by transferring the funds to the proper trust account immediately and inform the client of the mistake. Misuse or commingling of client funds is a serious violation of professional conduct rules.
Under the Model Rules, an attorney has a duty of confidentiality but can disclose information to prevent a client from committing a crime that is likely to result in imminent death or substantial bodily harm. The attorney should take steps to prevent the crime, which may include reporting it to the authorities if necessary.
Under the Model Rules, a lawyer must provide competent representation, which involves having the necessary knowledge and skill. If a lawyer lacks expertise in a particular area, they should either acquire the necessary knowledge or consult with or associate with a lawyer who has the required expertise to ensure effective representation.
The Model Rules require attorneys to disclose any potential conflicts of interest to their clients. The client must be informed about the relationship and give informed consent before the lawyer can continue representing them. This ensures transparency and allows the client to make an informed decision about whether to proceed with the representation.
