different roles of the lawyer

Question 1

Lawyer as adviser

Answer 1

1. Duty to rendor candid legal advice
2. advice beyond the law
3. Don’t advise or help a client engage in criminal or fraudulent conduct, but can discuss the legal consequences of any proposed conduct and make a good faith effort to determine the validity, scope, meaning, and application of the law. Including, telling a client that “no one has been prosecuted for this”
4. generally there is no duty to volunteer advice

Question 2

advice beyond the law

Answer 2

in rendering legal advice a lawyer may refer to other considerations, such as moral, economic, social, and political factors

Question 3

Volunteering advice

Answer 3

A lawyer is typically not expected to volunteer advice until asked by client. When a lawyer knows that a client proposes a course of action that is likley to result in substantial adverse legal consequences, they must communicate advice

Question 4

Lawyer as evaluator

Answer 4

A lawyer may provide an evaluation of a matter affecting a client, for the use of somoeone other than the client, if the client reasonably believes that the evaluation is compatible with the attorney client relationship

Question 5

Duty to disclose facts

Answer 5

There is generally not duty to disclose evidence to a third party except fraud shit

Question 6

Subjective statements

Answer 6

You don’t have to be honest with these

1. price estimates
2. parties intention as to acceptable settlements of a claim
3. existence of an undisclosed principal- unless this would be fraud

Question 7

Third party nuetral

Answer 7

A lawyer can act as a arbitrator, mediator, or other neutral third party, between the parties if the lawyer reasonably believes she can represent the interest of each party effectively, discloses her role to both parties, and does not engage in representation of of one of the parties.

Question 8

Special responsibilities of a prosecutor

Answer 8

1. Refrain from prosecuting without probable cause
2. protected the accused right to counsel
3. shall not seek waiver of pretrial rights from the unrepresented accused
4. Make timely disclosure of potentially exculpatory or mitigating evidence to defense
5. shall not subpeona another lawyer
6. refrain from making public statements with a substantial likelihood of hieghtening public condemnation of the accused
7. Disclose new, credible, and material evidence after conviction and undertake investigation
8. Seek to remedy a wrongful conviction exists when there is clear and convincing evidence of such

Question 9

Attorney appearance in a non adjudicative proceeding

Answer 9

lawyer shall announce he is a representative