Different Roles of Lawyer Flashcards
what are duties as advisor
render candid advice
- can be moral, economic, social, political
no duty to give advice till asked
what if client asks you to evaluate their affairs for a third party
can do it if reasonably believes doing so is compatible with other responsibilities to client. confidentiality still applies except to what was authorized. could be liable to third party if you suck
what if the evaluation would be harmful
must get client’s consent before making the evaluation
what are the duties as a negotiator
no false statement of material fact
- stuff that opposing party would be reasonable in relying on
what are the duties as a third party neutral
- make sure they know you aren’t repping them
- no ACP
- conflicts of interest: can’t rep someone later unless all give their informed consent in writing
what are the duties of a prosecutor
- can’t prosecute without probable cause
- make sure ∆ has been advise of rights
- disclosing evidence
no extrajudicial statements that have a substantial likelihood of heightening public condemnation - must disclose new credible material evidence and seek to remedy the conviction if he was innocent
what are the duties of an advocate in legislative proceedings
- must disclose that she is acting in a rep capacity
- duties of candor and respect
don’t apply if lawyer is repping a client
- in negotiations with gov
- applying for license
- when gov is investigating
- when gov is examining compliance
what if there’s a conflict between org lawyer reps and its constiutents
make sure they know you rep the org, and ACP won’t apply to them
what if you find out someone is/has/will violated a duty to the org in a way that might hurt the org
must report violation to higher authority in org.
but don’t have to if reasonable believes that the org’s best interests don’t require the violation to be reported
what if lawyer reports violation to highest authority in org and they do nothing
lawyer MAY report outside org if the lawyer reasonably believes that reporting is necessary to prevent substantial injury to the org
doesn’t count if lawyer was hired by org to investigate or defend a violation
