One of the most commonly discussed issues in the legal profession is whether or not attorneys have a duty of candor. This duty is arguably the most important, but it is also the most difficult to apply. What does this mean? It means that attorneys can sue their clients for defamation or misconduct. For example, let’s say Attorney A works as an attorney in West Texas and knows all the judges and lawyers in the county. Judge B is his college roommate and a longtime friend. While his client is innocent in this case, the lawyer can still sue him for defamation and misconduct.
Duty of candor
According to the Rule of Professional Conduct, there is no limit on the attorney’s duty of candor. Attorneys may make inquiries within their organization, but that is not prohibited. They must treat all parties with respect and not use offensive tactics. The Rule also sets forth exceptions when an attorney reveals a client’s intent to commit a crime. In certain cases, an attorney’s violation of a Rule may be relevant to the standard of conduct for the case.
A lawyer has conflicting responsibilities. The law requires a lawyer to uphold the Rules of Professional Conduct, but it is the attorney’s responsibility to ensure that these rules protect the public. As a member of the profession, each lawyer must observe the Rules of Professional Conduct and ensure that other lawyers do the same. Neglecting these responsibilities may compromise the independence of the profession, which serves the public interest.
Duty of disclosure
The Duty of Disclosure for Attorneys lays out a series of rules governing disclosure. First, the attorney must obtain the consent of each client to share information. A lawyer cannot disclose information to anyone without the client’s permission unless the information is privileged. Second, the lawyer must protect the client’s confidentiality by exercising reasonable care to protect the client’s interest. Third, the attorney must avoid revealing information that would harm the client.
A lawyer’s ethical duties do not extend to the indefinite future. In Alabama, Rule 3.3 states that duties related to the client are owed until the conclusion of the proceeding. Thus, a lawyer would not have a duty to disclose a client’s fraud if the lawyer later learned that the client testified falsely. In Alabama, however, the Disciplinary Commission has held that the proceeding ends when the certificate of judgment has been issued or when the time for post-trial motions has elapsed.
Duty of retaliation
Regardless of the type of case, an attorney’s duty to their client extends beyond just their work. There are several common reasons why attorneys are terminated and the duty to retaliate can be especially harmful. Listed below are some common reasons for dismissal:
If you believe you’ve been the victim of retaliation, you should contact a lawyer immediately. There are deadlines to file a retaliation lawsuit, including a six-month filing deadline and a 300-day deadline under federal anti-discrimination laws. An attorney who specializes in this practice area will know what to do and when to file the case. This is not something you want to take lightly.
