Rule 2: Counselor Flashcards
Advisor Rule
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client’s situation. (2.1)
What if a lawyer thinks that honest advice will not satisfy the client?
Too bad, but they can try to say it nicely. (2.1)
When asked for advice, is technical legal advice always enough?
Not always. It might sometimes be necessary for the lawyer to refer to relevant moral and ethical considerations. Could include recommending consultation with experts.
If the client requests only technical advice, the lawyer can comply, if they think the client knows the deal.
(2.1)
Are there times a lawyer must give unsolicited advice?
Generally, lawyers are not expected to give advice until asked, but if the lawyer knows that the client is proposing actions that will probably result in adverse legal consequences to them, the duty to the client may require the lawyer to give advice. (2.1)
Evaluation of a matter for use by third persons rule
A lawyer may provide an evaluation of a matter affecting a client for the use of someone other the client if the lawyer reasonably believes that the evaluation is compatible with other aspects of the A-C relationship. (2.3a)
When the lawyer knows or reasonably should know the evaluation is likely to affect the client’s interests materially and adversely, they should not provide the evaluation unless the client gives informed consent. (2.3b)
Except as disclosure is authorized in connection with a report of an evaluation, info regarding the evaluation is protected under 1.6 confidentiality. (2.3c)
May a lawyer ever provide an evaluation of a matter to a third party without the client’s consent?
Yes. If providing the evaluation poses no significant risk to the client, the lawyer is often impliedly authorized to disclose this information. (2.3b)
Lawyer Serving as Third-Party Neutral Rule
A lawyer serves as a third-party neutral when they assist 2+ nonclients to reach a resolution on some dispute or other matter. E.g. mediator, arbitrator, etc. (2.4a)
A lawyer serving as a third-party neutral shall inform unrepresented parties that the lawyer is not representing them. When the lawyer knows or reasonably should that a party does not understand their role, they shall explain the difference between a neutral and a lawyer representing a client. (2.4b)
