Top 5 Ethical Pitfalls for New Lawyers in the District of Columbia

Congratulations to all of the recent 2025 law school graduates! And for those who are planning to begin their legal careers in the nation’s capital, welcome! It’s an exciting time to be a lawyer in Washington, D.C. (to say the least).

You will probably get lots of advice in starting your career—areas of practice to consider, writing tips (one space after a period, not two!), how to manage demanding partners—but here’s a practical rundown of ethical pitfalls to avoid as you start your legal career, and beyond. Yes, yes, you will study for and pass the MPRE, but plenty of lawyers do the same and wind up with a disciplinary complaint. You could too, if you don’t watch out for these danger zones.

Here are five ethical pitfalls to avoid for new D.C. lawyers—and how to avoid them.

1) Poor Communication with Clients (Rule 1.4)

This seems like it would be an easy one, but one of the most frequent sources of disciplinary complaints is a client’s dissatisfaction with the lawyer’s communication.

D.C. Rule 1.4 requires lawyers to promptly respond to client inquiries, to explain matters to the extent necessary for informed decision-making, and to keep clients reasonably updated about their case.

New lawyers (and all lawyers) can get overwhelmed with substantive case work or administrative tasks and unintentionally leave clients in the dark. A simple delay in returning a phone call or failure to explain a filing can cause confusion, anxiety—and bar complaints.

Tip: Set clear communication expectations at the start of representation. Use calendaring tools to schedule check-ins or follow-ups, and never let emails or messages sit unanswered for long.

2) Mismanaging Client Funds or Property (Rule 1.15)

This one may not arise as frequently as communication problems, but when it happens, it could spell the end of your legal career. Mishandling client funds is one of the fastest ways to trigger serious discipline, including suspension or disbarment.

D.C. Rule 1.15 requires lawyers to hold client funds in a properly maintained trust account, to avoid commingling client funds with personal funds, to maintain detailed records, of course, to not steal (or even borrow) from client funds. Important D.C. case law (here, here, and here) spells out critical restrictions on holding and earning flat fees. (See my earlier blog here for more info on flat fees.)

Common violations include failing to deposit advance fees in trust, withdrawing unearned fees prematurely, mishandling settlement funds, or simply not tracking balances properly.

Tip: Learn the basics of trust accounting—even if your firm “handles it.” And if you are going to be a solo or small-firm lawyer, get intimately familiar with the rules, and get a bookkeeper or accountant to help you. Consider using practice management software that includes trust accounting features. And stay on top of it.

3) Conflicts of Interest (Rules 1.7–1.10, 1.18)

All new lawyers know that lawyers have a duty of loyalty. But ensuring that duty is met can be more complicated than it seems. Spotting conflicts of interest isn’t always obvious.

D.C. Rules 1.7, 1.8, 1.9, 1.10, and 1.18 are must-reads, as they prohibit representing clients with directly adverse interests or in situations where your responsibilities to another client, former client, third party, or even someone who was a prospective client create a conflict.

New lawyers may casually offer advice to friends or take cases without a full conflict check, only to find out later that they’re in conflict with a current or former client. Conflicts can arise from representing two people in the same matter, taking on new work adverse to a former client, and even a lawyer’s own personal interests.

Tip: Be familiar with the rules. Always perform a conflict check before you discuss anything substantive—even if the matter seems minor. Be cautious about informal consultations or “quick favors.” And seek advice if a question arises.

4) Over-Reliance on Nonlawyers and Technology (Rules 1.6 & 5.3)

D.C. lawyers are responsible for the work of their staff and the systems they use. The ubiquity of artificial intelligence creates endless opportunities for efficiency, and also for failure (more on the D.C. Bar’s take on AI, here).

Under D.C. Rule 5.3, even junior attorneys must ensure that assistants and nonlawyers operate under proper supervision. Using artificial intelligence in your legal work implicates a number of ethics rules, including D.C. Rules 1.1 (competence), 1.5 (fees), 1.6 (confidentiality), 3.3 (candor to the tribunal), and 3.4 (fairness to opponents), among others.

As the many stories in the press over the last couple of years illustrate, relying blindly on AI tools can lead to critical errors and embarrassing situations. Similar problems can result from relying on other junior attorneys or paralegals without proper review and supervision.

Tip: Review carefully all filings and client communications generated by others—even if created using trusted tools. AI can hallucinate or produce outdated information, and you are ultimately accountable for all legal work done under your name.

5) Improper Legal Marketing (Rule 7.1)

New attorneys eager to build a client base may unknowingly violate ethics rules in their advertising. Without a track record or client accolades, newer attorneys may be tempted to exaggerate or inflate the truth beyond the rules.

D.C. Rule 7.1 prohibits false or misleading statements, including unjustified claims of success or expertise that cannot be substantiated.

Social media bios, websites, and even LinkedIn profiles can cross the line. For instance, exaggerating an attorney’s experience or guaranteeing outcomes, including by omitting important information, can be problematic.

Tip: Review all public-facing content carefully, and don’t push the edge. Use disclaimers when needed, avoid absolute language, and never promise specific results. If unsure, consult the D.C. Bar’s legal ethics hotline or seek informal guidance.

Final Thoughts

Building an ethical law practice is not just about avoiding misconduct—it’s about building a sustainable and trustworthy reputation in the legal profession. For new lawyers in D.C. and elsewhere, understanding and internalizing the Rules of Professional Conduct from day one is essential.

Fortunately, free resources are available. The D.C. Bar offers an Ethics Helpline, CLE programs, and practice guides to help lawyers navigate these issues with confidence. And investing in advice from a lawyer specializing in legal ethics when questions arise can be a wise investment.