There are many examples of attorney misconduct that may be found in the practice of law. These include conflicts of interest, substance abuse, and mental illness. However, one of the most serious examples of attorney misconduct is the use of client funds. This is considered misconduct because it creates a conflict of interest in the attorney-client relationship.
Conflict of interest
Conflicts of interest can occur when attorneys have financial interests in a case. A financial interest can make it impossible for an attorney to act in the best interest of his client. For example, an attorney may receive monetary compensation for winning a case for a large manufacturer. While this may not seem like an ethical violation, it is still a conflict of interest.
Whether or not a lawyer has a conflict of interest is a question of professional judgment. Whether a lawyer is conflicted in a case depends on the particular facts. For example, if a lawyer has an interest in purchasing land for a client, he may not represent that client. In this instance, the lawyer must obtain the consent of the client before asserting any interests in the case.
Substance abuse
Substance abuse has long been a concern in the legal profession. It has been the subject of discussions among bar associations and attorney disciplinary committees. These entities have been working to combat the problem by developing diversion programs for attorneys who are accused of misconduct related to drugs or alcohol. These programs often require an attorney to undertake mental health or substance abuse treatment and attend a law practice management education course. Attorneys who complete such programs may avoid censure.
Substance abuse is a widespread problem in the U.S., but it is particularly common among attorneys. Various factors can contribute to this problem, including hyper-competitiveness and stress. Some substances can even boost an attorney’s academic performance. Unfortunately, most substance abuse begins during law school and continues into the legal field.
Mental illness
Mental illness includes all mood disorders, including depression and bipolar disorder, anxiety, obsessive-compulsive disorder, and substance abuse. Lawyers must also maintain a healthy mental and emotional state. This includes maintaining a sense of social connection, occupational pursuits, and physical health. This is part of the ethical duty of competence.
In some cases, a lawyer may delay transmitting information or withhold a psychiatric diagnosis from a client. This can be done when the lawyer knows that disclosing the information would cause the client to act imprudently. In other instances, a lawyer may withhold information simply because it is not in the client’s best interests to disclose it. In such cases, the lawyer may be protected by court orders or by rules of professional conduct. Full-time government lawyers and in-house counsel are exempted from these rules.
Sexual contact with the client
Sexual contact between a lawyer and a client is almost always a breach of the attorney-client relationship and is considered an example of attorney misconduct. Such sexual relations create a clear conflict of interest and result in an attorney placing his interests above those of his client. As a result, the attorney is less likely to be passionate about his client’s case.
The American Bar Association has recognized the ethical ramifications of attorney-client sex. In 1992, the Standing Committee on Ethics and Professional Responsibility addressed the issue. While there are no specific rules against attorney-client sex, sexual contact with a client can impair an attorney’s ability to serve a client and violate both the Model Rules and the Model Code of Ethics.
Constant fee agreement
Lawyers are prohibited from accepting payments that are unauthorized or excessive. Therefore, an attorney should never enter into a Constant Fee Agreement. In addition, an attorney should never enter into an agreement that curtails or limits the services offered to the client. The scope of services must be clearly defined and based on the client’s ability to pay.
