legal ethics Flashcards
representing opposing clients in litigation
never, even with waiver
Personal involvement in case
doesn exclude an attorney from working on a case
Attorney’s representing organizations
can represent organization and client, has a duty to report illegal or injurious behavior
Duty of zealous advocacy
It is true that a lawyer must do everything legally and ethically necessary to further the client’s interest, unless the client’s motive is solely to harass or maliciously injure another party. A lawyer should assume that the client’s motive is proper, unless he has clear evidence to the contrary
When can you not a refuse to allow a client to testify who you know is going to testify falsely
Generally, a lawyer cannot offer false testimony. However, in criminal matters, a defendant has a constitutional right to testify on his own behalf. Therefore, a lawyer representing a criminal defendant should try to withdraw if the defendant will not agree to testify truthfully. If the court denies withdrawal, the lawyer may attempt to balance the obligation not to offer false testimony with the criminal’s right to testify by, for instance, allowing the client to testify with an undirected narrative.
Permissive Withdrawal
Withdrawal is permissive when
- the lawyer can withdraw without materially adverse effects on client
- the client consents
- The lawyer reasonably believes that the client uses or has used the lawyers services to perpetrate crimes or fraud
- the client insists on taking a course of action that the lawyer finds repugnant, is contrary to the lawyers advice, or the lawyer has a fundamental disagreement with
- the client fails to substantially fulfill and obligation to the lawyer.
Mandatory withdrawal
Withdrawal is required when,
- the representation will result in a violation of the rules
- the lawyers physical or mental condition materially impairs his ability to represent
- the lawyer is discharged
