Lawyers take an oath to uphold the law and advocate for their clients. Also, they must maintain high ethical standards. But real-world cases often introduce situations where those duties pull in different directions. Ethics in legal practice can be a tangle of competing obligations, difficult choices, and gray areas that require serious judgment. Here are common ethical dilemmas that lawyers encounter in client representation:
Representing Clients Who May Be Lying
The rules of professional conduct make it clear that lawyers must not knowingly present false evidence. Lawyers cannot directly accuse their clients or refuse to let them testify but they cannot knowingly support perjury either. Some attorneys opt for a narrative testimony approach, allowing the client to speak without formally endorsing their statements.
Knowing When to Break Confidentiality
Attorney-client privilege gives clients the confidence to speak freely, knowing their secrets stay protected. But what if a client admits they plan to harm someone or they are about to commit a serious crime?
Lawyers are permitted to break confidentiality if it prevents death or serious bodily harm in most states. Some jurisdictions mandate disclosure in certain extreme cases. But attorneys have to weigh their duty to the client against their obligation to protect others.
Conflicts of Interest
Lawyers have a duty to avoid conflicts of interest that could compromise their ability to represent a client fully and fairly. But conflicts may pop up halfway through a case or are buried in complex corporate relationships.
Let us say a firm is representing two business partners. The lawyer may need to step back from both cases if partners suddenly find themselves in a dispute. Also, they might have to withdraw if an attorney they are handling a matter for a new client and discovers that their firm has previously represented the opposing party.
Navigating Client Demands That Push Legal Limits
Some clients push hard for aggressive strategies that toe the legal line or cross it. Others might ask for advice on how to bend the rules or exploit a legal gray area.
Lawyers have to stand firm when those requests veer into unethical territory. This might mean refusing to file a frivolous lawsuit, ignoring evidence that could be misleading, or declining to write a contract that enables shady behavior.
Withdrawing from a Case
Continuing representation may not be possible in some cases. Maybe the client stops paying, refuses to communicate, or insists on pursuing a strategy that violates legal ethics. But withdrawing from a case comes with its own ethical responsibilities. Lawyers must avoid prejudicing the client’s position. Thus, they may need the court’s approval to withdraw and must take steps to ensure a smooth transition.
Dealing with Incompetence or Misconduct from Colleagues
Reporting another lawyer is not a minor thing, especially if it could damage reputations or working relationships. But the rules often require attorneys to report serious misconduct to the appropriate disciplinary authority. This can create tension, especially in small legal communities or small teams. Still, lawyers have a duty to the profession itself. Silence is not an option when misconduct is serious.
