• Rules that regular the practice of law.
  • Given by others.
  • If we don’t follow “their” rules, “bad things” happen to us!
    • Disbarment, reprimand, sanctions.
  • Public standpoint: self-regulation of lawyers by lawyers (usually an arm of the state bar)
    • In Hawaii it is the ODC: Office of Disability Counsel
    • Other states are similar.
  • American Bar Association “Model Rules,” which in themselves have no impact, but most state rules based on Model Rules
    • Typically like “Hawaii Rules of Professional Conduct,” with a few local twists
  • Two sides of ethics enforcement:
    • The Regulatory Side:
      • Worst that happens: can't practice law
    • The Law Side:
      • Malpractice: tort law, contract law...
        • Money damages, possibly punitive
      • Or disqualification from matter due to “conflict of interest”
        • Typically brought by opposing counsel as late as possible...
          • Don’t want to be disqualified
          • Hurts client
          • Could be step towards malpractice
      • Judges make these decisions
  • Also addresses conduct outside of courtroom, practice of law
    • Honesty generally: do not lie!
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