(c)A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). A sexual or intimate relationship started after the commencement of the legal representation has at least the reasonable possibility of adversely influencing the lawyers judgment, creating a personal conflict of interest, and allowing the lawyer to use client confidential information for the lawyers personal advantage. Rule 6.2 Accepting Appointments Rule 1.1 Competence. The Ethics Division does not handle lawyer . . Whether or not the lawyer is practicing in a jurisdiction that has adopted some version of Rule 1.8(j), if the lawyer is considering entering into an intimate relationship with a client, they should consider what is in the clients best legal interests. Rule 3.6 Trial Publicity Julienne received her J.D., magna cum laude, from the University of California, Irvine School of Law, where she was an Associate Editor of the UC Irvine Law Review, an award-winning mock trial competitor, clinical student in the Criminal Justice Clinic, and participant in several pro bono projects ranging from misdemeanor expungements to facilitating legal name changes for transgender individuals. Attorney responsibilities and client rights : your legal guide to the attorney-client relationship [print book] Rule 1.2.1 Advising or Assisting the Violation of Law Rule 5.2 Responsibilities of a Subordinate Lawyer Rule 1.8.6 Compensation from One Other Than Client He has focused much of his interest on the defense of lawyers and legal ethics. Rule 6.5 Nonprofit and Court Annexed Limited Legal Services Programs, Rule 7.1 Communication Concerning a Lawyer's Services While in law school, she served as a legal intern for the Victim Witness Assistance Unit for the U.S. Attorneys Office for the District of Columbia. According to The New York Times . E-433) (concluding that the lawyer may answer or file an "appropriate pleading . (a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. Believe it or not, weve chosen common sense. In fact, even special appearance lawyers who step in when counsel of record isnt able to appear have the same obligation to uphold attorney client relationship ethics in California. More than any other profession, the legal profession is self-governing. So, if advancing a client's interest would entail acting dishonestly, committing fraud or otherwise violating legal ethics, the lawyer . The plaintiff moved to disqualify the firm and its attorneys in the driveway litigation on three grounds. She has a great combination of knowledge and grace.. (b) A "client" is any person, public officer, corporation, association, or other organization or entity, either public or private, who . Amy has represented individual lawyers and law firm in high stakes arbitrations related to partner departures. This privilege exists only when there is an attorney-client relationship. Legal Ethics, The Lawyer's Deskbook on Professional Responsibility (ABA 2018) RESTATEMENT OF THE LAW OF AGENCY, THIRD, 8.05 Rule 1.8.5 Payment of Personal or Business Expenses Incurred by or for a Client Ms. Snyder received her J.D., with high honors, from the George Washington University Law School, where she was a member of The George Washington Law Review and a Deans Fellow for the Legal Research and Writing Program. [9a] After withdrawal the lawyer is required to refrain from making disclosure of the client's confidences, except as otherwise provided in Rule 1.6. It's time to renew your membership and keep access to free CLE, valuable publications and more. The comments to Rule 1.8(j) clarify that a sexual relationship that predates the formation of the attorney-client relationship are not prohibitedat least not by Rule 1.8(j). Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client's cause. Only attorneys can form an attorney-client relationship, by agreeing to provide legal representation. Furthermore, a lawyer may not exploit information relating to the . Quoting Georgia law, the court noted that an attorney-client relationship . First, the plaintiff alleged that current conflicts of interest exist from the firms representation of her and her neighbor. See also, North Carolina Ethics Opinion 114 (1991) (lawyer who assists . The client has the right to terminate the representation at any time, with or without cause, subject to terms of the engagement agreement. Rachel V. Rose | Attorney at Law, P.L.L.C. 2022 American Bar Association, all rights reserved. According to NALA's Code of Ethics and Professional Responsibility, these guidelines commonly include: Paralegals cannot establish an attorney-client relationship. Loyola Law School, Los Angeles, California, 2002, J.D. Your email address will not be published. 2022 American Bar Association, all rights reserved. Olsen & Brown v. City of Englewood, 889 P.2d 673 (Colo. 1995). attorney-client relationship is formed, a lawyer shall not use or reveal information learned in a consultation with a prospective client, 'except as Rule 1.9 would permit with respect to information . This contributes to the trust that is the hallmark of the client-lawyer relationship. The Supreme Court has long held attorneys to stringent standards of loyalty and fairness with respect to their clients. She has dedicated substantial time to representing low-income tenants fighting eviction in landlord-tenant cases, as well as providing legal ethics advice to legal services organizations and their lawyers. (b) A lawyer is required to comply with the minimum requirements of continuing legal In . /content/aba-cms-dotorg/en/groups/litigation/publications/litigation-news/top-stories/2023/firm-representing-partner-against-former-client-may-be-liable, U.S. District Court for the Northern District of Georgia, Professional Liability Litigation Committee. Rule 1.11 Special Conflicts of Interest for Former and Current Government Officials and Employees Reach him by email or through the Ethics Hotline at (608) 229-2017 . The law firm represented the neighbor in the driveway litigation. It's time to renew your membership and keep access to free CLE, valuable publications and more. We will discuss ABA Model Rules 1.2, 1.4, and 1.6, common pitfalls that attorneys experience with regard to client communications, and steps to take to ensure that your practice is diligently protecting such communications. . . Amy is also a member of Federation of Defense & Corporate Counsel (FDCC), Association of Professional Responsibility Lawyers (APRL) and DRI. For a case closing letter to be most effective, follow these best practices: Be timely. When lawyers enter into professional relation with their clients they become bound by several ethical and professional duties. Category: Legal Ethics. The Rules Regulating the Florida Bar expressly declare that an attorney cannot engage in sexual conduct with either a client or a representative of a client that "exploits or adversely affects the interests of the client or the lawyer-client relationship.". In this session, we will explore the contours of attorney-client communications, including the duty that is owed and instances in which an attorney can divulge client information even against the wishes of a client. relationship is a fiduciary one. Rule 1.2 Scope of Representation and Allocation of Authority It is also consistent with common sense. In his spare time, Mr. Denlinger enjoys playing tuba in a variety of bands around town including the Al Malaikah Shrine Band. Previously, Mr. Osman was a senior partner at Anderson, McPharlin & Conners LLP in Los Angeles. If youre the subject of an ethics complaint in California, you need Megan Zaviehs The Playbook. Requests for an ethics opinion may be made through the Committee Chair. Rule 3.7 Lawyer as Witness The court also held that issues of fact remained as to whether the defendants improperly used confidential information learned in the scope of their representation of the plaintiff. Third, the plaintiff claimed that the law firm used confidential information gained from their past representation of her in the driveway litigation. The main lesson is to avoid becoming involved in outside disputes involving one of the firms lawyers, especially in a matter in which the adversary is a present or former client, advises Alan R. Jampol, Los Angeles, CA, cochair of the Attorneys Liability Subcommittee of the Sections Professional Liability Litigation Committee. 8605 Santa Monica Blvd #55413 Amy also works closely with the firms telecom practice in cases involving the communications-technology industry, including Telephone Consumer Protection Act, intercarrier compensation and access fee disputes. (iii) may not publicize or advertise a willingness to provide such gifts to prospective clients. Transactions Between Client and Lawyer. Maintaining the Integrity of the Profession, Compendium on Professional Responsibility Index, MCLE Requirements for Certified Specialists, Instructions for Essay Questions and Performance Test, Multistate Professional Responsibility Examination, Further Investigation and Informal Conferences, Multijurisdictional Practice (MJP) Program, Out-of-State Attorney Arbitration Counsel (OSAAC), Volunteer Opportunities to Assist Veterans and Service Members, Rule 1.2 Scope of Representation and Allocation of Authority, Rule 1.2.1 Advising or Assisting the Violation of Law, Rule 1.4.1 Communication of Settlement Offers, Rule 1.4.2 Disclosure of Professional Liability Insurance, Rule 1.6 Confidential Information of a Client, Rule 1.7 Conflict of Interest: Current Clients, Rule 1.8.1 Business Transactions with a Client and Pecuniary Interests Adverse to the Client, Rule 1.8.2 Use of Current Clients Information, Rule 1.8.5 Payment of Personal or Business Expenses Incurred by or for a Client, Rule 1.8.6 Compensation from One Other Than Client, Rule 1.8.9 Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review, Rule 1.8.10 Sexual Relations with Current Client, Rule 1.8.11 Imputation of Prohibitions Under Rules 1.8.1 to 1.8.9, Rule 1.10 Imputation of Conflicts of Interest: General Rule, Rule 1.11 Special Conflicts of Interest for Former and Current Government Officials and Employees, Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral, Rule 1.15 Safekeeping Funds and Property of Clients and Other Persons, Rule 1.16 Declining or Terminating Representation. Don't ask your lawyer to do anything illegal or unethical. pro se. For Travelers, he was responsible for all aspects of managing its Southern California liability practice, its multi-million dollar budget and 54 employees engaged in defense of Travelers insureds in all manner of general liability, auto, fire and subrogation matters. Other related ethics rules also were alleged to have been violated arising from the attorneys denial of having any sexual or inappropriate contact with the client, including during the course of the bar counsels disciplinary investigation and court proceedings. Opinion 1181 (01/17/2020) Topic: Charging interest on expenses Digest: A New York contingency-fee attorney may impose an interest charge on unpaid disbursements if a written agreement signed by the client fully discloses the terms on which interest may be charged and the terms are reasonable. They could be put into the situation of having their ethics questionedeven by their own client, who may feel that they were taken advantage of, were emotionally not able to consent, or gave into impulses either because of their vulnerable state or because they believed, rightly or wrongly, that intimacy was part of the quid pro quo for the continuing loyalty and zealous representation to which they were entitled. Rule 2.3 Evaluation for Use by Third Persons Rule 1.13 Organization as Client Lauren has represented various individuals and corporations in a wide range of federal criminal investigations and prosecutions, including investigations and prosecutions related to price-fixing cartels, mail and wire fraud, off label use of medical devices, and financial crimes. (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law. Here are a few tips for creating a strong lawyer-client relationship: 1. Rule 1.8.4 [Reserved] (Rule 1.8.4 has not been adopted in California.) CLIENT-LAWYER RELATIONSHIP 1.1 Competence 1.2 Scope of representation and allocation of authority between lawyer and client 1.3 Diligence 1.4 Communication 1.5 Fees 1.6 Confidentiality 1.7 Conflicts of interest current clients 1.8 Conflict of interest: prohibited transactions 1.9 Duties to former clients . Rule 1.8 Conflict of Interest: Current Clients: Specific Rules Rule 1.10 Imputation of Conflicts of Interest: General Rule The Ethics Division staffed by Ethics Counsel, who provides ethics advice to Alabama lawyers about their own prospective conduct, assists the General Counsel and Disciplinary Commission in the preparation of formal ethics opinions, and creates and presents various CLE seminars. Experts agree that communication is a vital part of building trust. A slight majority of jurisdictions in the United States expressly ban attorney-client sexual relations that commence after the start of the representation. Rule 7.4 (Deleted) Amy teaches legal ethics and professional responsibility at Duke University School of Law and Georgetown University Law Center. Rule 3.2 Expediting Litigation Attorney-Client Relationship. Receive access to recorded class and earn self-study credit. She has been involved in several high profile matters. Rule 1.1 Competence Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. /content/aba-cms-dotorg/en/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications. Lawyer client relationship ethics are important to maintaining a successful firm and avoiding discipline. lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. Thus, in addition to potentially harming the lawyers reputation and ability to practice, engaging in intimate relations with clients raises a non-trivial risk that the lawyer, whether intentionally or not, well intended or not, will violate one or more of the rules of professional conduct. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Phone: (571) 669-4097 Michael E. McCabe, Jr: Washington D.C. Area Office State Ethics Opinions Concerning the Tripartite Relationship, DRI Ethics Task Force, July 2002. (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and. 2017, Basics of Client communication (e.g., intake/duties to prospective clients, conflicts checks, organizations as clients, conflicts of interests/disclosures/waivers) |, Client communications re Retainer agreements |, Notice to clients/duty to communicate re attorney mobility (i.e., attorneys changing firms, closing down firms, etc.) Moreover, the attorney-client New York City Ethics Op. 99-634, June 10, 2002. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. . Rule 1.4 Communication with Clients. Rule 1.13 Organization as Client Rule 1.2 Scope Of Representation and Allocation of Authority between Client and Lawyer Rule 1.3 Diligence Rule 1.4 Communication Rule 1.5 Fees Rule 1.6 Confidentiality of Information Rule 1.7 Conflict of Interest: Current Clients Rule 1.8 Conflict of Interest: Current Clients: Specific Rules Rule 1.9 Duties to Former Clients That kind of thinking would be a mistake. Second, the plaintiff argued that she was a former client and the current dispute with the neighbor was substantially related to the firms prior representation of her. In considering a motion for summary judgment, the court concluded that genuine issues of material fact were presented as to whether the firms representation of the partner and former client were substantially related. ABA Litigation Section leaders conclude that Smith v. Glover & Davis, et al. The lawyer may agree to undertake a specific matter for the client, in which case the relationship terminates once the matter is resolved. . Litigation Section leaders observe several key takeaways from the case. Lawyers face many challenges in their profession. The Supreme Court of Wisconsin found that by representing his client while simultaneously engaging in a romantic relationship with her, the attorney violated: (1) Rule 1.7(a)(2), due to the lawyers material limitation based upon his personal interest; (2) Rule 1.16(a) for failing to withdraw from the representation once the conflict arose; and (3) Rule 1.8(j) by having sexual relations with a client while representing her in the divorce action. Amy counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. Regulatory Compliance and White Collar Criminal Defense. Cases involving attorney-client sex arise across practice areas, although history has proven that attorneys who practice in the areas of criminal law and domestic relations have a greater chance of becoming intimate with their client. Lauren practices in Washington, D.C. and Raleigh, North Carolina. The defendants moved for summary judgment. Rule 1.3 Diligence Rule 1.4.1 Communication of Settlement Offers. Rule 1.8.9 Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review Chapter 1. The facts certainly suggest that the client believed she had an ongoing engagement with the firm and that the firm possessed confidential information related to the property dispute, observes John S. Austin, Raleigh, NC, cochair of the Sections Ethics & Professionalism Committee. These duties are often implied as part of the attorney-client relationship, even if you didn't expressly agree to them . Still, many attorneys believe that as long as the relationship is consensual, what happens between two consenting adults is none of bar counsels business. Attorney discharged without cause may not recover damages under a non-contingency contract for services not rendered before the discharge. "The No. . During the course of the representation, the attorney told his client, whose husband had left her and married another, that the attorney had strong feelings for her and discussed one day marrying her. 2019, Cypress, LLP (Los Angeles, CA): Feb. 2019 & Sept. 2018, Beverly Hills Bar Assn, Law Practice Management & Technology Section (Beverly Hills, CA): Feb. 2019, Marshack Hays, LLP (Irvine, CA): Nov. 2018, Sklar Kirsh (Pasadena, CA): Nov. 2018; Jan. 2022, Levene Neale Bender Yoo & Brill, LLP (Los Angeles, CA): Nov. 2018 & Apr. Rule 1.5.1 Fee Divisions Among Lawyers A lawyer becomes familiar with all the facts connected with his client's case. Further, under ABA . 4th 441, The California Court of Appeal held that a one-time appearance by special counsel doesnt create an attorney client relationship, but it does mean that the special appearance lawyer is an associate of counsel of record and owes the same obligations to the client as their usual attorney. * Admitted to practice in California. . 1 [ethics] complaint that attorneys get is for misinformation or lack of communication." These requirements are California 94104, 12460 Crabapple Road,Suite 202-272AlpharettaGA 30004, The Playbook is an interactive exploration and guidance system. Rule 2.4Lawyer Serving as Third-Party Neutral, Rule 3.1 Meritorious Claims and Contentions (ii)written notice is promptly given to the prospective client. Learn More. (f) A lawyer shall not accept compensation for representing a client from one other than the client unless: (2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and. In other words, the lawyer can never divulge the client's secrets without the client's permission, unless some kind of exception (see below) applies. may be implied from the conduct of the parties. The court explained that a jury could find an attorney-client relationship even though the plaintiff was not billed for the conversation and did not sign an engagement letter, given the parties past practices. But does that relationship - and authority - end if a client passes away while a case is pending? Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Mr. Osman has recently been appointed to serve a three-year term as a member of the State Bars Committee on Professional Responsibility and Conduct. Prior to joining PM in 2014, Mr. Osman was principal of Osman & Associates a private law firm in South Pasadena. Rule 5.4 Professional Independence of a Lawyer Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practiceof Law (e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: (1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; (2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client; and. American Bar Association The ban carves out only sexual relationships that predate the attorney-client relationship - after all, lawyers should be free to represent their spouses. [1] Rule 1.8 (a) states the general principle that all transactions between client and lawyer should be fair and reasonable to the client. Attend meetings and legal proceedings, such as a deposition or mediation. litigant must disclose the . Moreover, lawyers are prohibited from engaging in conduct that involves dishonesty, deceit, or misrepresentation, and engaging in a sexual relationship with a clientwith all of the trappings that come along with such a relationshipcould raise a substantial question as to the lawyers honesty or fitness to practice. OPINION. . (3) a lawyer representing an indigent client pro bono, a lawyer representing an indigent client pro bono through a nonprofit legal services or public interest organization and a lawyer representing an indigent client pro bono through a law school clinical or pro bono program may provide modest gifts to the client for food, rent, transportation, medicine and other basic living expenses. The Playbook is an interactive exploration and guidance system for lawyers starting at the beginning of an investigation and going through the appeals process. She has served as both defense and plaintiffs counsel and has been involved in all aspects of litigation, from initial case assessments to trials and appeals. The attorney should strongly consider either referring the client to another lawyer or to refrain from entering into an intimate client relationship until the client representation has concluded. As you may have noticed in the holding from the Court, attorney client relationship ethics relies on common sense. Rule 1.6 Confidential Information of a Client Some cases of impermissible attorney-client sex are no brainerssuch as the attorney who insists on a legal services-for-sexual services fee arrangement. The scope of the representation depends on the terms of the agreement. interest of the trusting party. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. (g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. Of course, an attorney should avoid any situation in which it appears the attorney is taking advantage of a client or former client due to the nature of the attorney-client relationship. Client-Lawyer Relationship. All members of the legal profession have a paramount duty to the Court and to the administration of justice, This duty prevails over all other duties, especially in circumstances where there may be a conflict of duties, for example, following a client's instructions if those instructions are inconsistent with the . client has placed complete trust in the lawyer who is bound to act in the best interests. Julienne Pasichow is an associate at HWG LLP. She also counsels and advises lawyers and law firms in partner admissions and departures, and law firm dissolutions. Pay your legal bills in a timely manner. Rule 1.3 in the ABA Model Rules of Professional Conduct states, " [a] lawyer shall act with reasonable diligence and promptness in representing a client.". American Bar Association At the conclusion of the two-month trial, the defendant was found not guilty. Sept. 18, 2019 - A cornerstone of the legal profession involves the lawyer-client relationship: a lawyer is the advocate and can act in authority on behalf of the client. (j) A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced. Rule 1.8.8 Limiting Liability to Client I appreciate the detail in this article! Rule 3.3 Candor toward the Tribunal Rule 3.4 Fairness to Opposing Party and Counsel Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at . As negotiator, a lawyer seeks a result advantageous to the client but consistent with Attorney-Client Sexual Relations. Published opinions can be found on this page. Rule 1.1 Competence Rule 1.18 Duties To Prospective Client. The State Bar of Arizona is a non-profit organization that operates under the supervision of the Arizona Supreme Court. Rule 1.18Duties to Prospective Client, Rule 2.1 Advisor Grant of Motion to Compel Arbitration in alleged class action against multi-national corporation where arbitration clause required individual resolution. First and foremost, you have an obligation to be diligent on behalf of your clients. Serving as lead counsel in a multidistrict litigation involving possibility liability over $250 million dollars. (b)Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client. 96-12 (1997) ("if legal advice is sought from an attorney, if the advice sought is . There should be nothing, therefore, and no one, during the course of the relationship that interferes with or limits the lawyers professional judgment and the lawyer must be able to render candid advice to their client. Amy has served as an advisory member of the North Carolina State Bar Ethics committee and as the current Vice Chair of the North Carolina State Bar Client Security Fund. FLORIDA BAR ETHICS OPINION OPINION 07-3 January 16, 2009 Advisory ethics opinions are not binding. Rule 1.7 Conflict of Interest: Current Clients Rule 5.2 Responsibilities of a Subordinate Lawyer. Skill, thoroughness and preparation reasonably necessary for the representation depends on the terms of the Supreme... Not recover damages under a non-contingency contract for services not rendered before the discharge self-study. Tuba in a multidistrict litigation involving possibility Liability over attorney client relationship ethics 250 million.. The minimum requirements of continuing legal in standards of loyalty and fairness with respect their... The firms representation of her and her neighbor publicize or advertise a willingness provide!, D.C. and Raleigh, North Carolina ethics OPINION OPINION 07-3 January,! Ethical and professional duties comply with the minimum requirements of continuing legal in subject to Judicial Review Chapter.. Has not been adopted in California. if a client passes away while a case closing to! Also counsels and advises lawyers and law firm in South Pasadena act in the driveway litigation has! Ethical and professional responsibility and conduct Settlement Offers was found not guilty disqualify the firm and discipline. With the minimum requirements of continuing legal in legal knowledge, skill, thoroughness and reasonably! Of representation and Allocation of Authority it is also consistent with attorney-client sexual.. Exists only when there is an interactive exploration and guidance system for lawyers starting the!, follow these best practices: be timely ban attorney-client sexual relations and professional duties Sale subject to Review. Away while a case closing letter to be most effective, follow these practices... Conflict of interest: current clients rule 5.2 Responsibilities of a Subordinate lawyer ; s.! Attorney discharged without cause may not publicize or advertise a willingness to provide such gifts prospective... Et Al ethics complaint in California, you need Megan Zaviehs the Playbook is an relationship... 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Glover & Davis, et Al rule 1.8.4 [ ]... The firms representation of her in the driveway litigation of Settlement Offers and firms. This contributes to the trust that is the hallmark of the two-month trial, the attorney-client York... Or mediation youre the subject of an investigation and going through the Committee Chair information relating to the but... Several ethical and professional responsibility at Duke University School of law and Georgetown University law Center lawyer is to! Lawyer is required to comply with the minimum requirements of continuing legal in, North Carolina ethics OPINION..., follow these best practices: be timely or file an & quot ; if advice!