Season 3 of Suits continues to explore the high-stakes world of corporate law, but it also features numerous ethical violations that would raise significant concerns under the Washington Rules of Professional Conduct (RPC). This article breaks down key RPC violations depicted in the season and examines how these actions would be viewed under Washington State’s legal and ethical standards.
1. Unauthorized Practice of Law (RPC 5.5)
Mike Ross’s ongoing practice of law without a license remains a central ethical issue throughout season 3. In Washington State, RPC 5.5 strictly prohibits the unauthorized practice of law, which includes both practicing without a valid license and assisting someone else in doing so. Mike’s actions, along with Harvey Specter and Jessica Pearson’s complicity, would constitute serious violations. In Washington, this could lead to severe disciplinary actions, including disbarment and legal penalties.
2. Conflict of Interest (RPC 1.7)
Season 3 presents several conflicts of interest, particularly involving personal relationships. For example, Harvey’s involvement with Ava Hessington creates a conflict due to his personal interest in the case. Washington’s RPC 1.7requires lawyers to avoid conflicts of interest unless they obtain informed consent from all affected clients. The failure to manage these conflicts, as seen in Suits, would be considered a serious ethical breach in Washington.
3. Confidentiality Breaches (RPC 1.6)
Client confidentiality is a cornerstone of legal ethics, but season 3 of Suits showcases several breaches. For instance, Louis Litt’s attempts to uncover Mike’s secret put client information at risk. Washington’s RPC 1.6 mandates that lawyers protect all client-related information unless the client consents to disclosure or an exception applies. The casual handling of sensitive information in the show would clearly violate this rule.
4. Misrepresentation and Deception (RPC 8.4(c))
Season 3 features characters frequently engaging in deceptive practices, from altering documents to misleading other parties in negotiations. Washington’s RPC 8.4(c) explicitly prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation. The actions depicted in Suits would likely result in serious disciplinary measures, including potential disbarment.
5. Improper Influence and Bribery (RPC 3.5)
The season also delves into improper influence, particularly in manipulating witnesses or using undue influence in court proceedings. Washington’s RPC 3.5 prohibits lawyers from seeking to influence a judge, juror, or prospective juror through illegal means, such as bribery or coercion. Such actions could result in criminal charges in addition to ethical sanctions.
6. Failure to Report Professional Misconduct (RPC 8.3)
Several characters in Suits are aware of unethical behavior but choose not to report it. Under Washington’s RPC 8.3, lawyers are required to report professional misconduct that raises substantial questions about a lawyer’s honesty, trustworthiness, or fitness to practice law. The failure to report misconduct, as depicted in the show, would itself be an ethical violation in Washington.
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