Jeanne M Huey , ABA Journal; What Happens When a Lawyer Makes a Mistake?
"The Model Rules of Professional Conduct are clear about what must happen when a lawyer makes a “material mistake, and the steps are grounded in the duty of competence, diligence, and communication owed to a current client.
The Ethical Framework
ABA Model Rule 1.1 requires legal knowledge and thoroughness. Rule 1.3 requires promptness, and Rule 1.4 mandates keeping clients informed about their matter and promptly responding to requests for information.
When a mistake has been made during a legal representation, these rules all come into play. If the error is “material,” it must be disclosed promptly. Hoping the client never finds out or quietly fixing it before disclosing is never a good idea as it can risk turning a simple lapse into a Rule 8.4(c) problem involving deceit or misrepresentation."
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