ABA Model Rules: What Your Lawyer Is (Ethically) Required to Do

Your lawyer must be competent in the matter you have hired them for. Competence includes the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. If they are not competent, they must either achieve competence through study or associate with a competent lawyer. An attorney who accepts work beyond their competence without addressing it may be liable for malpractice and subject to discipline.

Your lawyer must act with reasonable diligence and promptness. This does not mean they have to work instantly on every communication, but they cannot simply let your matter sit without action. Failure to communicate, missed deadlines, and failure to advance a case are common bar complaint topics.

Your lawyer must keep you reasonably informed about the status of your matter, promptly comply with reasonable requests for information, and explain matters to the extent necessary for you to make informed decisions. If your attorney does not return calls or respond to emails for weeks, that is a potential Rule 1.4 violation.

Fees must be reasonable. Factors include time and labour, novelty and difficulty, skill required, opportunity costs to the attorney, customary fees in the locality, and the results obtained. Contingency fee agreements must be in writing. Non-refundable retainers must be disclosed clearly and are scrutinised or prohibited in some states.

All information relating to the representation is confidential. This is broader than attorney-client privilege (which covers communications). Rule 1.6 covers information from any source. The attorney cannot voluntarily reveal it without your informed consent, except in narrow circumstances: to prevent imminent death or substantial bodily harm; to prevent a crime involving the attorney's services; or to comply with other law or a court order.

An attorney cannot represent you if their interests conflict with yours, or if representing you would be materially limited by obligations to another client or third party. With conflicts between two clients, both can consent after full disclosure in some circumstances -- but the attorney must reasonably believe they can provide competent representation to both. If not, they must decline or withdraw.

This rule tightly regulates: entering into business transactions with a client; using client information to the client's disadvantage; receiving substantial gifts from clients (except small tokens); acquiring a proprietary interest in the subject matter of litigation; and sexual relationships with clients (prohibited unless pre-existing). These are common disciplinary complaint subjects.

An attorney who previously represented you on a matter cannot later represent a new client in a substantially related matter where the new client's interests are materially adverse to your interests. This protects confidential information you shared. Conflicts with former clients can often be resolved by screening or client consent, but the analysis is fact-specific.

Client funds and property must be held in a separate IOLTA or trust account, not commingled with the attorney's personal or firm funds. Detailed recordkeeping is required. Prompt accounting and return of client property is mandatory. Trust account misappropriation is the most common basis for disbarment.

Information you share with an attorney during an initial consultation -- even one you do not pursue -- is protected. The attorney cannot use that information adversely to you. This is why attorneys do conflict checks before initial consultations and why 'consultations given' can create conflicts.

Your attorney cannot lie to a judge, even for you. They cannot knowingly make false statements of law or fact to the court, offer evidence they know is false, or fail to disclose controlling adverse legal authority. This is absolute. An attorney's duty of candour to the tribunal overrides duties to the client in that specific respect.

Your attorney cannot contact the other side directly if they know the other party is represented by counsel. All communication must go through the other party's attorney. This protects you on both sides -- opposing counsel cannot contact you directly either.

Attorneys cannot practise law in jurisdictions where they are not admitted, except in narrow temporary circumstances (see multi-state practice page). This is why your New York attorney cannot simply appear in California court. Rule 5.5 also prohibits attorneys from assisting non-attorneys in the unauthorised practice of law.

Attorney marketing must be truthful, not misleading, and not create unjustified expectations. This is why lawyers cannot promise outcomes. Using 'Esq.' without bar admission violates these rules. Testimonials, designations as 'best' or 'specialist', and comparisons to other attorneys are all regulated.

An attorney with knowledge that another attorney has committed a violation of the ethics rules that raises a substantial question about that attorney's honesty, trustworthiness, or fitness must report it to the appropriate professional authority. This 'attorney self-policing' obligation is frequently cited but reportedly underenforced in practice.