Roles of a Lawyer Flashcards
Lawyer as an Advisor
Requirements
A lawyer must be candid and can give client moral, economic, social, or political advice in addition to legal advice.
Client Evaluations for Third Parties
Rules
A lawyer can evaluate a client’s affairs if doing so is compatible with other responsibilities to the client.
If there is no significant risk of the evaluation, then the lawyer is impliedly authorized to disclose to the third party.
If the evaluation may be materially harmful to the client, then must get their informed consent before disclosing to the third party.
Lawyer as Negotiator
Rule
A lawyer cannot make false statements of material fact in negotiations, but can puff on estimates of price/value or acceptable settlement limits.
Lawyer as Third Party Neutral
Rule
A lawyer acting as mediator, arbitrator, etc., they **must make sure unrepresented parties understand **that the lawyer is not representing them.
Lawyer as a Prosecutor
Rule
Prosecutors must:
* Have probable cause
* Ensure accused advised of right to counsel & opportunity to obtain
* Not waive important pretrial rights
* Disclose evidence favorable to defendant
* Promptly disclose any material evidence of innocence or wrongful conviction (and remedy)
* Not subpoena other lawyers to give evidence about clients unless essential, not privileged, and cannot be obtained another way
Lawyer in Legislative & Administrative Proceedings
Rule
A lawyer must disclose if appearing on behalf of a client, but need not identify the client specifically.
Lawyer Representing an Organization
Rules
If the lawyer learns that someone in the organization violated duty or law that may cause substantial harm to the organization:
1. has duty to report to organization AND
2. if no action is taken by organization, may report to outside authority (despite confidentiality)
