- 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!
Class notes and materials by a law student for law students.