11. Lawyers' Duties to the Public & Legal System Flashcards
pro bono responsibilities
50 hours per year = ASPIRATIONAL (can’t discipline for not doing it, but can embarrass)
do you have to accept court appointments?
yes, UNLESS good cause exists not to, such as (non-exhaustive)
1) appointment would violate law or RPC
2) appointment would be UNREASONABLE financial burden
3) PERSONALLY unable to represent the client effectively
4) you lack the knowledge to do it
quick advice program guidelines
1) no time to run conflicts check, so only problematic if you KNEW there was a conflict
2) confidentiality applies
3) make sure client knows it’s a ONE-TIME thing (get informed consent for limited scope) (BUT if it goes on, you have to treat like usual client)
let’s say you’re helping out with legal aid…who’s your client?
not the clients of the legal aid organization, BUT you still can’t screw them over.
what if you’re helping with law reform, and your proposed reform is HARMFUL to your client?
no big deal.
what if you’re helping with law reform, and your proposed reform is HELPFUL to your client?
you HAVE to disclose to the organization you’re working with to draft (etc.) that certain clients (can remain anonymous) might benefit.
ALSO, abstain from voting, etc.
what if you’re saying something bad about candidates for or members of legal-related public office?
HAVE YOUR FACTS STRAIGHT. can’t say anything false or misleading
can you use your connections to get ahead?
NO (well at least, you can’t tell your clients that you’ll use clout to do better for them)
can you bribe people?
NO, BUT look at CONTEXT. only comes down to quid pro quo (like for paid or prestigious positions)