B. Lawyer as Evaluator

Question 1

When may Lawyer evaluate Client’s affairs for TP’s use?*

Answer 1

Compatibility
- Lawyer reasonably believes evaluation is compatible w/ Lawyer’s other responsibilities to Client

Material harm!!!

1) Lawyer ‘knows’ evaluation will materially harm Client!!!
2) Lawyer obtains Client’s informed consent beforehand!!!

Question 2

Is Lawyer liable for negligent evaluation?

Answer 2

Yes - Liable to TP