Conflicts of Interest Involving Former Clients

Conflicts lie at the core of many inquiries of bar counsel. They can be difficult to assess.  A particular area of difficulty is whether duties to a former client create a conflict that prohibits representation in a new matter.

Let’s use the following as our baseline:

  • Lawyer represented Former Client in Matter 1.  The representation has concluded and there is no doubt that Former Client is, as the name suggests, a former client.
  • New Client would like to hire Lawyer in Matter 2.

We begin with V.R.Pr.C. 1.9(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.”

So, the key questions are:

  • Is Matter 2 the same as or substantially related to Matter 1?
  • If so, are New Client’s interests in Matter 2 materially adverse to Former Client’s?

It’s not always productive to get stuck on the rule’s language. It can be easier to remember that the Supreme Court long ago described the rule as prohibiting lawyers from “switching sides.”[1]

Still, let’s go through the analysis. 

Are the two matters the same or substantially related?

While the answer to the former is often obvious, the answer to the latter frequently isn’t.  It’s critical to remember that the answer doesn’t turn only on the nature of the matters themselves. Rather, we must consider the nature of the information that the lawyer obtained in the first representation. As Comment [3] states:

  • “Matters are ‘substantially related’’ for purposes of this rule if they involve the same transaction or legal dispute or if there otherwise is a substantial risk that confidential factual information as would normally have been obtained in the prior representation would materially advance the client’s position in the subsequent matter.” (emphasis added).

This scenario arises in many contexts. One is when a lawyer represents a client in a matter in which a former client is a witness for the other side. Often, the lawyer will have received confidential information from the former client that would materially advance the new client’s defense by undermining the former client’s credibility as a witness. Thus, while the two matters might appear on the surface to have nothing to do with each other, under the rule, they might be substantially related.[2]

One last point on the “substantially related” question: if two matters are substantially related, it’s irrelevant that the lawyer doesn’t remember anything about the first.  Knowledge of information as would ordinarily have been disclosed in the course of the representation is presumed and we will not force the former client to disclose it to protect it.[3]

Okay, so let’s assume that the two matters are the same or substantially related.  The next question is whether the new client’s interests are materially adverse to the former’s. 

Material Adversity

Last year, the ABA Standing Committee on Ethics & Professional Responsibility published Formal Opinion 497 – Conflicts Involving Materially Adverse Interests.  I blogged about it here.

Per the opinion, there are 2 situations in which material adversity is clear:

  1. Suing, litigating, or negotiating with a former client. I like the Committee’s use of two questions: in litigation, are you on the other side of the “v”? Or, in a transaction, are you sitting on the other side of the table?
  2. Attacking your own prior work or legal advice.

Next, the opinion advises that material adversity often, but not always, exists when competent representation will require a lawyer to cross-examine a former or prospective client.[4] 

Finally, the Committee notes that material adversity can exist even in the absence of direct adversity.  For instance, it

  • “may exist when the former client is not a party or a witness in the current matter if the former client can identify some specific material legal, financial, or other identifiable concrete detriment that would be caused by the current representation. However, neither generalized financial harm nor a claimed detriment that is not accompanied by demonstrable and material harm or risk of such harm to the former or prospective client’s interests suffices.”

No Conflict? Continue to Exercise Caution,

Let’s assume that the new matter is not the same as or substantially related to the former matter, and the new client’s interest are not materially adverse to the former client’s interests.  In my judgment, that’s not the end of the lawyer’s analysis.  To me, competent representation includes asking “self, do client and I want to deal with this?”  That is, conflict or not, people are (naturally) upset to find their lawyer on the other side of the v or the table.  A motion to disqualify will cost the new client time and money.  Moreover, the former client might file a disciplinary complaint.  Even if it is dismissed, it will weigh on the lawyer while pending.  Sometimes close enough is, in fact, close enough.

In closing, I remain of the opinion that when potential conflicts arise, it’s important to trust your gut. That said, I hope that today’s post provides a bit more insight into the rules.

As always, let’s be careful out there.


[1] The opinion is hereSee also, this blog post, this video, and this update to the video.

[2] Even if they aren’t substantially related, the lawyer might still have a conflict.  Rule 1.9(c) prohibits the lawyer from revealing information related to the representation of the former client, as well as from using information related to the representation to the former client’s disadvantage. If complying with that duty creates of significant risk of materially limiting the representation of the new client, the lawyer has a conflict under Rule 1.7(a)(2). 

[3] See this blog post and this video. 

[4] Here, don’t spend too long trying to convince yourself “but the conviction, testimony, or conduct relevant to my former representation is public record.”  That is NOT the standard.  As regular readers know, the fact that information relating to the representation of a former client is “public record” doesn’t necessarily mean that it’s “generally known.”  Says who?  This blogger.

Back to Basics: The 7Cs never go out of style.

I meant to do this last week but forgot.  At least that’s my initial argument.  A fair and reasonable examination of the evidence might reveal that “I didn’t feel like blogging” is more accurate than “I forgot.”

Anyhow, it’s back to school season.  Per usual, I’m marking the occasion with a post that, really, is more “back to the basics” than “back to school.” And, when it comes the basics of legal ethics and professional responsibility, some things never go out of style.[1] Those things being the 7 Cs:

  • Competence
  • Communication
  • Confidentiality
  • Conflicts
  • Candor
  • Commingling
  • Civility.

Here’s a 15-minute video in which I share thoughts on each of the 7 Cs of legal ethics & professional responsibility.

Welcome back!


[1] Maybe my goal for the year should be to include a Taylor Swift reference in every blog post. Don’t worry, if I do, I promise I won’t include footnotes highlighting each reference.

A quick recap of the 7 Cs of Legal Ethics

Welcome to Friday!

I’m taking a week off from the quiz. Still, I don’t want to leave anyone without their weekly refresher in legal ethics & professional responsibility!  So, motivated by last night’s huge win by the Cs, I’m sharing a video in which I provide a brief (9:39) overview of the 7 Cs of Legal Ethics.

  • Competence
  • Communication
  • Confidentiality
  • Conflicts
  • Candor
  • Commingling
  • Civility

Enjoy the weekend!

Important Update on “Don’t Switch Sides” and Analyzing Former Client Conflicts.

Last week I posted a video in which I urged lawyers not to get lost in the language of V.R.Pr.C. 1.9(a).  Rather, when analyzing whether a conflict of interest exists between a prospective client and a former client, remember a simple concept:  don’t switch sides.

In both the video and a presentation that I did earlier this week at Vermont Law School, I argued that the idea “don’t switch sides” is, and long has been, the rule.

For example, with emphasis added, here’s the final sentence of Comment [2] to the current version of Rule 1.9:

  • “The underlying question is whether the lawyer was so involved in the matter that the subsequent representation can be justly regarded as a changing of sides in the matter in question.”

And, stated more eloquently than “don’t switch sides,” here’s Resolution #8 of David Hoffman’s 50 Resolutions for Professional Deportment. Issued in 1836, Hoffman’s resolutions are among the earliest evidence of rules applied to lawyers’ conduct.

  • “It is a poor apology for being found on the opposite side that the present cause is but the ghost of the former cause.”

Indeed, it is!

Anyhow, in the video, I used something that had happened at that day’s basketball practice to explain why I think Rule 1.9 can be summarized as “don’t switch sides.”  I forgot to include an important component of the analysis.

It’s not uncommon for lawyers to ask: “Mike, is it okay to switch sides if I don’t remember anything about the former client or their matter?”

Short answer: no.  If the new matter is substantially related to the prior matter, we will presume that the lawyer received confidential information while representing the former client and we will not put the former client to the “Hobson’s Choice” of having to disclose confidences to protect them.

For a bit more, here’s a video update.

Conflicts: when are competing interests “materially adverse?”

As many lawyers know, identifying conflicts can be tricky.  That’s why, in my opinion, trusting your gut isn’t the worst approach.  As I’ve often mentioned, if it feels like a conflict, it probably is.

Alas, “but I didn’t feel it in my gut!” probably isn’t the best response to a motion to disqualify or disciplinary complaint. So, let’s go a bit deeper.

Conflicts

At least seven different rules address various types of conflicts.  Today, I’ll refer to three: V.R.Pr.C. 1.9(a), V.R.Pr.C. 1.9(b), and V.R.Pr.C. 1.18.  They apply when matters are the same or substantially related, and a prospective or current client’s interests are materially adverse to the interests of, respectively,

  • a former client;
  • someone represented by a law firm with which a lawyer was formerly associated; and,
  • a prospective client who met with but did not retain the lawyer.

More specifically, this post is intended to call your attention to the phrase “materially adverse.” 

Why? 

Because this morning, the ABA’s Standing Committee on Legal Ethics & Professional Responsibility issued Formal Advisory Opinion 497 – Conflicts Involving Materially Adverse Interests.

As always, what follows is a summary.  It is not a substitute for reading the advisory opinion itself.

Per the opinion, there are 2 situations in which material adversity is clear:

  1. Suing, litigating, or negotiating with a former client. I like the Committee’s use of two questions: in litigation, are you on the other side of the “v”? Or, in a transaction, are you sitting on the other side of the table?
  2. Attacking your own prior work or legal advice.

Next, the opinion advises that material adversity often, but not always, exists when competent representation will require a lawyer to cross-examine a former or prospective client.  Here, don’t spend too long trying to convince yourself “but the conviction, testimony, or conduct relevant to my former representation is public record.”  That is NOT the standard.  As regular readers know, the fact that information relating to the representation of a former client is “public record” doesn’t necessarily mean that it’s “generally known.”  Says who?  This blogger.

Finally, the Committee notes that material adversity can exist even in the absence of direct adversity.  For instance, it

  • “may exist when the former client is not a party or a witness in the current matter if the former client can identify some specific material legal, financial, or other identifiable concrete detriment that would be caused by the current representation. However, neither generalized financial harm nor a claimed detriment that is not accompanied by demonstrable and material harm or risk of such harm to the former or prospective client’s interests suffices”

Again, check out the opinion.

Now, an important reminder.

In my judgment, the analysis doesn’t end once a lawyer concludes that the lawyer does not have a conflict.  Rather, to me, competent representation includes asking “self, do client and I want to deal with this?”  That is, conflict or not, people are (naturally) upset to find their lawyer on the other side of the v or the table.  A motion to disqualify will delay resolution of your new client’s matter.  Moreover, even if the disciplnary complaint is ultimately dismissed, nobody likes receiving the email in which I let them know that it has been filed against them.

As always, be careful out there.

hill street blues

Low Places: Conflicts arising from personal relationships with opposing counsel.

Blame it all on my roots,

I showed up in boots,

and ruined your black-tie affair.

 ~ Garth Brooks, Friends In Low Places

****************

 The most common inquiry that I receive is one in which a lawyer calls to discuss a potential conflict of interest.  Most often, the potential conflict involves a former client whose interests may be adverse to those of a new client.   Despite our small bar, it’s rare that I receive an inquiry involving a potential conflict arising from a lawyer’s personal relationship with opposing counsel.

So called “personal relationship” conflicts are important to understand.  And, thanks to ABA Formal Opinion 494, there’s now guidance to assist us.  Among others, the ABA Journal, the Professional Responsibility Blog, and Faughnan on Ethics reported the opinion’s release.

Before I get to the opinion, I’ll start with the rule.

In Vermont. Rule 1.7(a)(2) states that a conflict of interest exists whenever:

  • “there is a significant risk that the representation of one or more clients will be limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.” (emphasis added).

Don’t forget! Unlike conflicts involving current and/or former clients, personal interest conflicts are not automatically imputed to others in the conflicted lawyer’s firm.  They are imputed only if the prohibited lawyer’s personal interest presents “a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.”  V.R.Pr.C. 1.10(a).

So, what’s a personal interest conflict?  For years, I used an example that might be too simplistic:

  • Client wants to retain Lawyer.
  • Lawyer doesn’t know Opposing Party well, but Opposing Party is the coach of Lawyer’s child’s sports team.
  • Lawyer doesn’t want Child’s relationship with the coach to suffer.
  • So, Lawyer sits out the case, but another attorney in the same firm represents Client.

Another type of personal interest that might materially limit a lawyer’s representation of a client is the lawyer’s personal relationship with opposing counsel.  This is the type of conflict addressed by the recent advisory opinion.  It breaks such personal relationships into three categories: intimate relationships, friendships, and acquaintances.

Intimate Relationships.

Per the opinion, lawyers who are married, engaged to be married, or in an exclusive intimate relationship:

  • “must disclose the relationship to their respective clients and ordinarily must not represent the clients in the matter unless each client gives informed consent, confirmed in writing [and] the lawyers reasonably believe that they will be able to provide competent and diligent representation to each.”

This is consistent with the language in Comment 11 to V.R.Pr.C. 1.7.

Frankly, as those of you who know my status may have surmised, relationships are difficult enough for me. I can’t imagine navigating one in which my significant other represents a client’s adversary.  Alas, knowing me, I’d probably use it as an excuse to end the relationship.  And I’m not talking the attorney-client relationship.

Friendships

 This category is a bit trickier to analyze, especially in such a small state.  Here’s the quick answer:

  • “In sum, opposing lawyers who are friends are not for that reason alone prohibited from representing adverse clients.  The analysis turns on the closeness of the relationship.”  (emphasis in the original).

The opinion lists several types of friendships and indicates whether they are of a nature that would require disclosure and a client’s consent.

Among those for which disclosure and consent is advised are close friendships and friendships between lawyers who:

  • “exchange gifts at holidays and special occasions; regularly socialize together; regularly communicate and coordinate activities because their children are close friends and routinely spend time in each other’s homes; vacation together with their families; share a mentor-protégé relationship developed while colleagues . . . [or] share confidences and intimate details of their lives.”

Friendships that should be disclosed but likely do not require client consent for continued representation include those between lawyers who were classmates or who used to practice together and who stay in touch or occasionally get together.

Acquaintances

The opinion states that “[a]cquaintances are relationships that do not carry the familiarity, affinity or attachment of friendships.”  As such, while disclosing an acquaintanceship “may be advisable to maintain good client relations,” it is not required.  Examples include:

  • serving on boards or committees together;
  • going to the same gym or place of worship; and,
  • bumping into each other around town.

Conclusion

Again, the opinion is here.  Give it a read.  Otherwise, use good judgment.  Remember, even if a personal relationship with opposing counsel might not have a snowball’s chance in heck of materially limiting your representation of the client, it might make sense to disclose the relationship anyway.   I’ve seen situations in which a client who learns of the personal relationship after the fact considers the failure to disclose as evidence of the conflict.

Does that make it a conflict?

No.

But as friendly an acquaintance as I am, nobody likes learning from me that a complaint has been filed against them.

Finally, yes.  I’m a fan of the third verse.

Garth Brooks - Friends in Low Places [Remix] by $WAMP BEAT$ on SoundCloud -  Hear the world's sounds

 

Conflicts, Confidences & Prospective Clients

Long ago, I investigated this disciplinary complaint:

  • Person met with Lawyer to discuss representation in a matter;
  • Person shared information about the matter with Lawyer;
  • Person opted not to retain Lawyer;
  • Litigation ensued;
  • Opposing Party retained Lawyer; and,
  • Lawyer represented Opposing Party in the same matter about which Person had consulted with Lawyer.

Back then, Vermont had yet to adopt V.R.Pr.C. 1.18, the rule that sets out a lawyer’s duties to a prospective client.  Thus, as disciplinary counsel, I was left to analyze whether Lawyer had violated the rule that prohibits concurrent representation of clients with conflicting interests or the rule that prohibits representing a client whose interests are materially adverse to those of a in the same or a substantially related matter.

At the time, the general legal principle was that prospective clients were “neither fish nor fowl” for the purposes of the ethics rules.  Thus, conceding that Person was not a current or former client, I argued that the spirit and intent of the conflicts rules rendered Lawyer’s representation of Opposing Party a violation.

Alas, a hearing panel of the Professional Responsibility Board disagreed. The panel concluded that my decision to charge Lawyer with a violation was not supported by probable cause.  Thus, complaint dismissed.

Not long thereafter we got to work on proposing & promulgating V.R.Pr.C 1.18.  It took effect on September 1, 2009.

Under the rule, a “prospective client” is a person who, in good faith, discusses with a lawyer the possibility of forming client-lawyer relationship.  If no relationship ensues, the lawyer’s duty of loyalty is relaxed, but the duty of confidentiality is not.

That is, the lawyer must maintain the prospective client’s confidences as if the person had retained the lawyer.  However, the lawyer may represent someone whose interests are materially adverse to the prospective client, even in a matter that is the same as or substantially related to the matter that was the subject of the consultation, as long as the lawyer did not receive information that “could be significantly harmful” to the prospective client. Depending on the steps that the lawyer took to avoid or minimize the receipt of disqualification, lawyer’s conflict might not be imputed to lawyer’s firm.

Earlier this week, the ABA’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 492. The opinion addresses a lawyer’s obligations to prospective clients. The ABA Journal reported the opinion here.

In my view, the opinion provides clear and helpful guidance on (1) what constitutes a “consultation;” (2) the type of information that would be considered “significantly harmful” and thereby potentially disqualifying in a subsequent matter; and (3) the steps lawyers and firms can take to avoid receiving disqualifying information in an initial consultation.

I suggest reading it. Which is my way of saying that, as I ease back into blogging after the annual mini-hiatus that comes with the CLEs and training that take place this time of year, I’m not going to regurgitate an advisory opinion that is written far better than I could.

Aside: with the adoption of Rule 1.18, I assume that the prospective client has achieved fish or fowl status.  I’m not sure which.

Neither Fish Nor Fowl - Liz Sumner | Life Coach

Don’t remember? Doesn’t matter.

I’m on pace to receive approximately 1200 inquiries this fiscal year.  That number has remained steady over the past few years.

The most common inquiry topic?

As has remained steady since I switched to bar counsel in 2012, conflicts of interest.

I post today to (hopefully) disabuse lawyers of a notion often expressed in inquiries:  “but Mike, I don’t remember anything about the prior representation, so it can’t be a conflict.”

Caution

That is NOT the standard.

Rule 1.9 sets out a lawyer’s duties to former clients.  Here’s paragraph (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.”

The test, then, isn’t whether the lawyer remembers anything about the prior representation.  Rather, it’s whether the new person’s matter is the same as or substantially to the matter in which the lawyer formerly represented a client.

Whether matters are “substantially related” is a blog for another day. Or, you can call me.  Or, you can read Comment [3] to Rule 1.9.  For now, I want to focus on a single point:

  • if the new person’s matter is the same as or substantially related to the former client’s matter, hard stop.

Says who?

The Vermont Supreme Court.

In 1997, the Court issued an opinion in State v. Crepault.  Among other things, the Court considered the defendant’s argument that her conviction should be reversed for two reasons, one of which was the State’s alleged failure to disclose that the prosecutor had formerly represented the defendant in a substantially related matter.

In short, the Court concluded that the criminal prosecution was substantially related to a matter in which the prosecutor had formerly represented the defendant.  Then, the Court stated:

  • “Once a substantial relationship between the matters is found, ‘the court need not inquire whether the attorney in fact received confidential information, because the receipt of such information is presumed.'” (citation omitted).

In other words, don’t remember? Doesn’t matter.

Why?

Well, the Court answered that too.

  • “The purpose of the presumption is to avoid ‘put[ting] the former client to the Hobson’s choice of either having to disclose his privileged information in order to disqualify his former attorney or having to refrain from the disqualification motion altogether.’ ”  (citation omitted).

So, when someone asks you to represent them in a matter in which their interests are materially adverse to those of a former client, if the two matters are substantially related, Rule 1.9(a) applies and you need the former client’s informed consent, confirmed in writing, to proceed with the representation of the new client.  It matters not whether you remember anything about the prior representation.

I can hear you now.  “Ok, Mike.  But what if the two matters aren’t substantially related?”

My friends, please.

As a blogger, answering that question poses a conflict of interest! I can’t put all my content into a single post!  So, ’tis a blog for another day.

For now, if two matters are substantially related, don’t forget:

Don’t remember? Doesn’t matter.

 

 

Conflicts & nonlawyer staff

This situation arose this week via inquiry:

  • Mike – we’ve been approached by a prospective client who is getting divorced.  The spouse’s business deals are a significant issue in the divorce.  Our paralegal used to work at the firm that is representing the prospective client’s spouse. The paralegal may have worked on some business deals for prospective client’s spouse.  Can we represent the prospective client in the divorce?

What say ye?

  • A.  No. Paralegal has a conflict and it’s imputed to every lawyer in the caller’s firm
  • B.  Yes.
  • C.  Yes, because even if paralegal has a conflict, it is not imputed to the lawyers in the caller’s firm. Of course, paralegal must not have any involvement with the divorce or share information about spouse’s business deals.
  • D.  Mike, the answer is “C,” but you probably shared some practical reasons for the caller to think twice about representing the prospective client.

Rule 1.10 is our rule on imputed conflicts.  Per Rule 1.10(a), most of a lawyer’s conflicts are imputed to all other lawyers in the same firm.  Essentially, if Mike can’t represent potential client, neither can any of the lawyers in Mike’s firm.

There are exceptions.  And one covers Mike’s paralegal.

Here’s the first line of Comment [4] to Rule 1.10:

  • “The rule in paragraph (a) also does not prohibit representation by others in the law firm where the person prohibited from involvement in a matter is a nonlawyer, such as a paralegal or legal secretary.”

The Comment continues:

  • “Such persons, however, ordinarily must be screened from any personal participation in the matter to avoid communication to others in the firm of confidential information that both the nonlawyers and the firm have a legal duty to protect.”

This is not a new development in the law of lawyering.  Indeed, the oldest available advisory opinion from the VBA’s Professional Responsibility Committee is Opinion 78-02. In it, the Committee opined:

  • “A firm is not disqualified from handling a case because a paralegal employed in the firm formerly was enrolled in a paralegal training clinic which provided representation to an opposing party in litigation handled by the firm even though the paralegal had some involvement in that representation as long as the paralegal has no present involvement in the case and conveys no confidential information to firm attorneys.”

So, here again is the question I asked above:

What say ye?

  • A.  No. Paralegal has a conflict and it’s imputed to every lawyer in the caller’s firm
  • B.  Yes.
  • C.  Yes, because even if paralegal has a conflict, it is not imputed to the lawyers in the caller’s firm. Of course, paralegal must not have any involvement with the divorce or share information about spouse’s business deals.
  • D.  Mike, the answer is “C,” but you probably shared some practical reasons for the caller to think twice about representing the prospective client.

Under the rule, “C” is correct.  However, there are practical reasons that the caller should think twice about handling the prospective client’s divorce. So, “D” is the best answer.

Using the hypo as a construct, here are two practical considerations that I often share with lawyers who call to discuss potential conflicts.  There might be others.

  1. Even if it isn’t a conflict, do you want to deal with spouse filing a disciplinary complaint against you?
  2. Even if it isn’t a conflict, if the other side moves to disqualify you and your firm, it will cost the prospective client time and money.

Conflicts can be tough.  Don’t hesitate to call if you want to talk one through.

See the source image

 

 

Ethics: it’s all about the bad grades

A few weeks ago I posted C in ethics? You’re on the right track In it, I offered two cheat codes to stay on the right side of the rules.

The first was my own: don’t lie, cheat or steal.  Nearly every violation falls under one.

The second was Brian Faughnan’s recipe for ethical lawyering.  The recipe?  The 5 C’s:

  • Competence
  • Confidentiality
  • Communication
  • Candor
  • Conflicts

Today I present a third: it’s all about the bad grades.

Alberto Bernabe is a professor at John Marshall Law School in Chicago.  Professor Bernabe teaches torts and professional responsibility.  He maintains a blog for each topic.  His torts blog is here, and his professional responsibility blog is here.  Professor Bernabe is also a frequent member of this blog’s #fiveforfriday Honor Roll in legal ethics.

In response to my post on the 5 C’s, Professor Bernabe shared a story with me.  He urges his students to remember the general principles behind the rules.  He does so by suggesting that they associate those principles with the grades that they do not want to earn in a semester:  4 C’s, 1 D, and 1 F.  That is:

  • Competence
  • Confidentiality
  • Communication
  • Conflicts
  • Diligence
  • Fiduciary

Professor Bernabe’s full blog post on bad grades is here.

I love the semi-mnemonic.  Diligence and the fiduciary duty to clients are as important as the 5 C’s.

Thank you Professor Bernabe for another arrow in the quiver.

  • Don’t lie, cheat or steal
  • Remember the 5 C’s
  • Ethics: it’s all about the bad grades

See the source image         Image result for images of d and f grades      Image result for images of f grade