USA

Misconduct Rule 8.4 ABA

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or

induce another to do so, or do so through the acts of another;

1.9: Duties to former clients

(a) A lawyer who has formerly represented a client in a matter shall not thereafter

represent another person in the same or a substantially related matter in which that

person's interests are materially adverse to the interests of the former client unless the

former client gives informed consent, confirmed in writing.

(b) A lawyer shall not knowingly represent a person in the same or a substantially

related matter in which a firm with which the lawyer formerly was associated had

previously represented a client

(1) whose interests are materially adverse to that person; and

(2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c)

that is material to the matter;  unless the former client gives informed consent,

confirmed in writing.

(c) A lawyer who has formerly represented a client in a matter or whose present or

former firm has formerly represented a client in a matter shall not thereafter:
(1) use information relating to the representation to the disadvantage of the former

client except as these Rules would permit or require with respect to a client, or when

the information has become generally known; or

(2) reveal information relating to the representation except as these Rules would permit

or require with respect to a client.

Falar das consequências que se enfrenta quando se viola as regas de conduta.

Malpractise está em um separador = negligenge

Conclusion

simple violation of one ethocs rule does not necessary mean that there is malpractice or

negligence. MCPR
GENERI C
SEE if this exists in the codes, but basically, it is consideres unethical for a lawyer to

assist a new client against a former client regarding something about the former client’s

old lawsuit. In this case, the new relationship that is being formed between the new

client and the lawyer is treatning the relationship that still exists to some extend

regarding the former client. As said previously, even after the representation of

someone, there are some legal ethical rules that have to be followed by the lawyer, such

as, confidenciality. It is easy to understand that the if the lawyer is representing person

A agains person B, who was his client (por exemplo, uma pessoa processou uma fábrica

porque alguém se magoou gravemente enquanto trabalhava, porque as condições de

trabalho não eram boas. .Uns meses depois mais uma pessoa decide apresentar queixa

sobre a mesma fábrica, e esta nova pessoa pede para o advogado a representar.. Aqui

temos conflito de interesses e também a questão da confidencialidade que foi

anteriormente discutida?. However, if the new cliente want to file suit agains the

former client on a totally different and new topic, there is no conflict of interest.

However, the lawyer can represent multiple parties in a lawsuit, if their interests are

convergent. E.g represent two workers that are bring sue against the company where

they used to work for lacking of security equipment to work, putting their lifes at risk.

In terms of representing close people, such as family and friends it all depends. The

lawyer can represent these people, but should not to it, if their relationship is too close

and the case is delicate, such as a criminal case, where the liberty of the person is on

steak. In this case, the lawyer should not give them legal assistance, because it is very

likely that they won’t be able to remain professional and objective, which are two traits

essential for a lawyer to do its work – represent the client, the best way possible.
To be a shareholder at a company.