CBA Record March-April 2023

munication with clients. Ensure that both you and the client have current contact information. If a critical conversation occurs over the telephone, make sure that it is reduced to writing, either in a memo randum to the file, or even better, in an email to a client, so the client has a record of what was communicated. Respond to client inquiries as promptly as possible. One of the biggest complaints that clients make to the Illinois Attorney Registra tion and Disciplinary Commission is that their lawyer did not communicate with them. This issue can usually be avoided with clear expectations about the type and frequency of the communications that are necessary for the matter. Confidentiality Among the most important of our obli gations is the duty to keep our client's information confidential. All lawyers need to understand that our confiden tiality obligations are broad and extend to all information that we know that is related to the representation of a client, regardless of the source of that informa tion. Young lawyers can often disclose too much information in two common sce narios. The first is when they're excited about something they're working on and overshare to a friend or family member. The second is when they're seeking help for a matter outside their law firms and divulge too much in the process. Remem ber that you should never disclose infor mation that could be identifiable. When in doubt, say as little as possible (perhaps even nothing). Model Rule 5.2 dictates that lawyers are required to follow the Rules of Pro fessional Conduct, even in instances in which the lawyer is acting at the direc tion of someone else (e.g., a partner who directs a young lawyer to engage in unethical conduct). However, Rule 5.2 also contains a safe harbor for that type of situation: where a question of ethics or professional duty is unclear, a subordinate lawyer does not violate the Rules of Pro fessional Conduct when acting upon the Responsibilities of a Subordinate Lawyer

PRACTICAL ETHICS BY TRISHA RICH Legal Ethics Basics for Young (and Young-ish) Lawyers C onsistent with the theme of this issue of the Record, I wanted to address some legal ethics and pro

Diligence It’s hard to learn how to manage the demands of a busy law practice – indeed, this is one of the most difficult parts of transitioning into legal practice. None theless, lawyers have a duty to remain diligent with their clients' matters and move those matters forward in a timely manner. Model Rule 1.3 provides that "A lawyer shall act with reasonable dili gence and promptness in representing a client." Rule 1.3 also contains my favorite Comment in all of the Rules of Profes sional Conduct, found in Comment [3]: "Perhaps no professional shortcoming is more widely resented than procrastina tion." In short, it is important for young lawyers to develop work processes and systems that will help them manage their caseloads. This should include docketing systems, calendaring systems, timekeep ing systems, email and mail management systems, and other productivity tools to ensure that no client issues are neglected. Communication Under Model Rule 1.4, lawyers have an obligation to timely communicate mate rial issues to their clients. Rule 1.4 con tains several mandates for lawyers with respect to the types of things that must be communicated to clients. In general, it is important to have clear lines of com

fessional responsibility issues that young lawyers should be aware of. The transition from law school to a legal career can be tough. While new lawyers all had to pass a legal ethics class and the Multistate Pro fessional Responsibility Examination to practice law, spotting legal ethics issues in the real world can be a bit trickier. Competence Being competent is so important that the drafters of the Model Rules put this rule first. Model Rule 1.1 is not com plicated, but it packs a serious punch for all lawyers: "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." While new lawyers are just beginning a lifelong pursuit of the law and must learn a lot in a short period of time, they should be especially aware of taking on matters that are outside their competence. The Comments to Rule 1.1 provide ways that lawyers can gain com petence in new areas of the law; namely, by study or by association with another lawyer experienced in the relevant field.

Trisha Rich is a litigator and legal ethicist at Holland & Knight and the President of the Association of Professional Responsibility Lawyers, the national bar association for legal ethicists. You can reach her at trisha.rich@hklaw.com, on LinkedIn at linkedin. com/in/trisharich, or on Twitter @_TrishRich

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