Season 4 of Suits is packed with legal drama and ethical dilemmas that make for great television. However, many of the actions depicted would raise serious concerns under the Rules of Professional Conduct (RPC) if they occurred in real life. This article analyzes some of the key RPC violations that occur in Season 4 of Suits and how they would be viewed under Washington law.

1. Conflict of Interest (RPC 1.7)

Throughout Season 4, various conflicts of interest arise, particularly with Harvey Specter and Mike Ross as they navigate corporate mergers and acquisitions. The show often portrays lawyers representing clients whose interests may conflict with those of other clients or even with the personal interests of the lawyers themselves.

Washington Law: RPC 1.7 governs conflicts of interest in the legal profession. Under this rule, a lawyer must not represent a client if the representation involves a concurrent conflict of interest unless certain conditions are met, including informed consent from all affected clients. In Suits, such consent is rarely sought, leading to potential violations of this rule.

2. Confidentiality of Information (RPC 1.6)

Confidentiality breaches are a recurring theme in Season 4, with characters frequently sharing sensitive client information to gain an advantage or manipulate outcomes.

Washington Law: RPC 1.6 requires that lawyers keep information related to the representation of a client confidential unless the client gives informed consent or specific exceptions apply. In Suits, the frequent sharing of confidential information without client consent would be a clear violation of this rule in a real-world scenario.

3. Candor Toward the Tribunal (RPC 3.3)

In Season 4, characters are often depicted as being less than truthful in court or withholding key information that could affect the outcome of a case.

Washington Law: RPC 3.3 mandates that lawyers must not knowingly make false statements of fact or law to a tribunal or fail to correct false statements. Additionally, lawyers must disclose material facts to avoid assisting a client in criminal or fraudulent acts. The actions of Harvey, Mike, and others in concealing or manipulating information in court would likely constitute a violation of this rule.

4. Fairness to Opposing Party and Counsel (RPC 3.4)

The characters in Suits often engage in tactics that could be seen as unfair to opposing parties, such as withholding evidence or obstructing the opposing counsel’s ability to access crucial information.

Washington Law: RPC 3.4 requires that a lawyer must not unlawfully obstruct another party’s access to evidence, alter or destroy documents, or make frivolous discovery requests. The aggressive and sometimes deceptive strategies employed by the characters would likely breach this rule in a real legal context.

5. Truthfulness in Statements to Others (RPC 4.1)

Throughout Season 4, characters often make misleading or false statements to clients, opposing counsel, or third parties as part of their legal strategy.

Washington Law: RPC 4.1 mandates that in the course of representing a client, a lawyer must not knowingly make a false statement of material fact or law to a third person. The frequent use of deception by the characters in Suits would be a serious ethical violation under this rule.

6. Misconduct (RPC 8.4)

The overarching theme of Season 4 involves various forms of misconduct, including fraud, deceit, and misrepresentation.

Washington Law: RPC 8.4 defines professional misconduct for a lawyer as engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. It also includes conduct that is prejudicial to the administration of justice. The numerous unethical actions by characters like Harvey and Mike throughout the season would likely be considered violations of this rule.

Conclusion

While Season 4 of Suits is engaging and entertaining, it also highlights numerous ethical violations that would be highly problematic under the Rules of Professional Conduct in real-world legal practice. From conflicts of interest and breaches of confidentiality to dishonesty in court, the actions of the show’s characters serve as examples of what not to do in the legal profession. Understanding these violations through the lens of the RPC underscores the importance of ethical behavior in maintaining the integrity of the legal system.

Review our client resources here

Contact us anytime for your urgent legal needs.

About Blanford Law:

We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions.  If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com