Thinking Ethics Resolving Ethical Dilemmas, 100115 KSBJ, Vol. 84 J. Kan. Bar Assn 9, 14 (2015)

Thinking Ethics Resolving Ethical Dilemmas

Vol. 84 J. Kan. Bar Assn 9, 14 (2015)

Kansas Bar Journal

October 1, 2015

All lawyers understand how difficult it is to practice law. Practicing law is stressful, adversarial, and competitive. We can do our best job and the result of a case can still have dire consequences for the client. In addition, each case we handle requires that we act in compliance with the Kansas Rules of Professional Conduct. We understand that we must act competently, diligently, and communicate properly with the client. Interactions with clients must be held in confidence. While these obligations exist in every case, certain cases present novel ethical issues not previously encountered by a lawyer. If you have doubt as to the proper course of conduct and the applicability of the Kansas Rules of Professional Conduct, call the Disciplinary Administrator's Office, as we routinely field calls from lawyers seeking assistance in solving ethical dilemmas.

The Disciplinary Administrator's Office does not have the authority to issue binding ethics opinions. However, the lawyers on staff in the office are available to discuss ethics issues with Kansas lawyers. We routinely discuss issues with lawyers and advise the lawyers of the applicable rules of professional conduct and case law. KRPC 1.6 is the Kansas rule regarding confidentiality. Section (b)(2) of that rule permits a lawyer to reveal such information to the extent the lawyer reasonably believes is necessary to secure legal advice about the lawyer's compliance with the rules of professional conduct. Therefore, a Kansas lawyer may reveal information to the lawyers in the Disciplinary Administrator's Office that is confidential in nature to make sure that the lawyer is complying with the rules of professional conduct.

There are times when the answer to an ethics query is not easily determined. In those instances, we routinely hold staff meetings to discuss the ethical problem facing the lawyer. Oftentimes, the conversation is lively with differing views. Eventually, we are able to reach a consensus and then the lawyer is informed of our conclusions. We understand that time is of the essence in many situations. An attempt is made to dispense the advice as quickly as possible. On more than one occasion, we have received calls from lawyers involved in a trial seeking advice.

It is imperative that the lawyer seeking advice provide us all of the relevant facts...

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