Class 1 - Intro to Part 1: Duties to Clients: The 5 Cs Flashcards
Duties to Clients - The 5 Cs
1) Competence
2) Confidentiality
3) Conflict Avoidance
4) Candid Communication
5) Commitment to Client’s Cause
Duties Beyond Clients - The 4 Ts
1) To Potential Clients
2) To Law
3) To Colleagues
4) To Oneself
What do Lawyers do?
Lawyers assist clients with their legal needs
Legal Practice can be divided in 2 Client Hemispheres
Individual Client Hemisphere
- people
- types of lawyers that usually help individual clients are small firms/boutique firms and solo practitioners
Corporate Client Hemisphere
- corporations
- government
- types of lawyer that usually help corporate clients are big firms
- more challenging because your client might be very powerful compared to you.
2 Nature of the Need
Non-contested needs
- No dispute
- usually involves transactions
Dispute-based needs
- helping people who are involved in disputes
- the goals of the other side are not compatible with the goals of your client.
- litigation and negotiating settlements
Individual Clients and Non-contested Needs
Individuals’ Counselling and Compliance
- no other side, just the client and the law
- example: incorporating a business; drafting a will
Individuals’ Transactions
Individual Clients and Dispute-based Needs
Personal Plight
Corporate Clients and Non-contested Needs
Corporate Counselling and Compliance
- no other side, just the client (the corporation) and the law.
- lawyer helps the corporation to comply with the law while reaching as many of their goals as possible
- example: corporation taxes (lawyer will push the law but not break it)
Corporate Clients and Dispute-based Needs
Corporate Dispute Resolution