The Duties of an Attorney under Professional Responsibility
The Duties of an Attorney under Professional Responsibility
Overview
Attorneys have a fundamental role in the justice system, acting as advocates, counselors, and officers of the court. Their professional responsibilities are governed by ethical rules and standards designed to ensure fairness, integrity, and justice in the legal process.
The core duties of an attorney include:
Duty of Competence
Duty of Loyalty
Duty of Confidentiality
Duty of Diligence
Duty of Candor to the Court
Duty to Avoid Conflicts of Interest
Duty to Communicate
Duty to Maintain Client Property
Key Duties Explained
1. Duty of Competence
An attorney must provide legal services with the skill, knowledge, and thoroughness reasonably necessary.
Includes staying updated on the law and preparing adequately for cases.
Case Law Example:
McCoy v. Louisiana, 584 U.S. ___ (2018)
The U.S. Supreme Court held that an attorney must abide by the client’s decisions regarding the objectives of representation but must also provide competent legal advice to enable informed decisions.
Demonstrates the balance between competence and client autonomy.
2. Duty of Loyalty
The attorney must act solely in the best interest of the client, avoiding any conflicting interests.
Prohibits representing clients with adverse interests simultaneously without informed consent.
Case Law Example:
In re Evans, 526 F.3d 155 (4th Cir. 2008)
The court disbarred an attorney for representing clients with conflicting interests without proper disclosure and consent, breaching the duty of loyalty.
3. Duty of Confidentiality
Attorneys must keep all client information confidential, even after the attorney-client relationship ends.
Encourages full disclosure from clients to attorneys.
Case Law Example:
Swidler & Berlin v. United States, 524 U.S. 399 (1998)
The Supreme Court held that attorney-client privilege protects communications made during representation and survives the client’s death.
4. Duty of Diligence
The attorney must act with reasonable promptness and dedication in pursuing the client’s case.
Avoids neglect or undue delay.
Case Law Example:
Link v. Wabash Railroad Co., 370 U.S. 626 (1962)
While focusing on procedural rules, the Court emphasized the importance of diligence, noting that neglect can lead to dismissal of cases.
5. Duty of Candor to the Court
Lawyers must be truthful and not knowingly make false statements or offer evidence they know to be false.
Must disclose controlling legal authority adverse to their client if the court is unaware.
Case Law Example:
Nix v. Whiteside, 475 U.S. 157 (1986)
The Court ruled that attorneys must refuse to assist a client in presenting perjured testimony, balancing confidentiality and candor to the court.
6. Duty to Avoid Conflicts of Interest
Attorneys must avoid situations where their personal interests, or interests of other clients, might materially limit their representation.
Case Law Example:
Wood v. Georgia Bar, 918 F.2d 1428 (11th Cir. 1990)
An attorney was disciplined for failure to avoid a conflict that adversely affected his ability to represent a client.
7. Duty to Communicate
Attorneys must keep clients reasonably informed about the status of their case and promptly respond to reasonable requests for information.
Case Law Example:
Brown v. State, 890 So.2d 1130 (Fla. 2005)
Failure to communicate with the client was found to be a violation of professional responsibility.
8. Duty to Safeguard Client Property
Attorneys must hold client funds and property separate from their own (trust accounts).
Must promptly deliver funds or property to which the client is entitled.
Case Law Example:
In re Lauer, 279 A.D.2d 248 (N.Y. App. Div. 2001)
Attorney was disciplined for commingling client funds and failing to properly account for them.
Summary
| Duty | Description | Key Case |
|---|---|---|
| Competence | Provide skilled, thorough legal representation | McCoy v. Louisiana |
| Loyalty | Act in client's best interest, avoid conflicts | In re Evans |
| Confidentiality | Keep client info private, even after representation | Swidler & Berlin |
| Diligence | Act promptly and dedicatedly | Link v. Wabash Railroad |
| Candor to Court | Be truthful, avoid false evidence | Nix v. Whiteside |
| Avoid Conflicts | Avoid interests that impair representation | Wood v. Georgia Bar |
| Communication | Keep client informed | Brown v. State |
| Safeguard Client Property | Separate client funds and property | In re Lauer |
Conclusion
The duties of an attorney are designed to uphold the integrity of the legal profession, ensure the fair administration of justice, and protect client interests. Breaches of these duties can lead to sanctions, disbarment, or malpractice claims. Ethical practice is essential not only for the individual attorney’s reputation but for maintaining public trust in the legal system.
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