Rules of Professional Conduct are written rules of conduct that are intended to protect workers and employers from unjustified discrimination, harmful interference with their right to work and freedom of speech, and other conduct that is prejudicial to the interests of others. These rules are not legally codified, but are regulated by common law practices. Although they can be found in many countries, New York is a state-created legal document that specifically addresses these issues. These laws were written to protect employees, clients from discrimination on the basis of race, age, religion, national origin, sexual orientation and any other protected category.
There are four major rules that most attorneys general expect their clients to adhere to – The first rule is that a client has the right to request a document from a prospective employee’s past employers or former employers. The second rule is that a client has the right to make inquiries about an applicant’s professional and personal history. The third rule is that a client has the right to request information about disciplinary actions and any other information that might affect his or her ability to engage in the services of a professional. And finally, the fourth rule is that a client has the right to consult with an attorney before engaging in a transaction with a prospective client.
In practice, all clients are expected to follow these rules of professional conduct – For example, clients are expected to inform a lawyer if they have hired someone to assist them with an important transaction. They are also expected to give their lawyer’s notice when they intend to share privileged communications. They should advise their lawyers of any payment or other arrangements for confidential communications. This protects the lawyer from being required to disclose the nature of the discussions or other information that may be protected by privilege.
Because these rules of professional conduct – are intended to protect clients against unjustified encroachment on their rights to work and freedom of speech, they are commonly referred to as “professionalism” or “ethics.” However, lawyers may not take part in activities that would otherwise be considered improper. Lawyers cannot, for instance, promise to give a specific amount of time to a client in exchange for money or other benefits. In addition, a lawyer cannot engage in conduct that goes against established principles of public or private law. A lawyer cannot also take part in activities that go against the lawyer’s own interests, such as opposing a client’s resolution of a conflict of interest.
Rules of Professional Conduct, like many others – can be found on the state Bar Association’s website and are available to the public. However, lawyers should check the rules of professional misconduct for their particular jurisdiction before filing a complaint against a client under these rules. In most jurisdictions, lawyers must be licensed in order to practice. For that reason, it is helpful to check out the state Bar’s website as well as to contact the state Bar for more information.
While it may be tempting to skimp on these rules and not tell clients anything – it may be best to disclose a certain type of professional relationship with a client. For example, if a lawyer does not tell a client that he or she is working for the law firm and doing legal work for the client, but then does some work for the same client and discloses that fact to a third party, this is a violation of the Rule of Professional Conduct. As well, if a lawyer does not tell a client whether the lawyer will receive a fee based upon the extent of the lawyer’s involvement with a client’s case, this also constitutes a violation of the Rule of Professional Conduct.
If a lawyer takes part in activities that further detract from his or her ability to help a client to resolve a conflict of interest, he or she may be subject to discipline.