Before accepting a client in a matter, the attorney must consider two major things. First and foremost is whether the attorney has a conflict of interest in representing the client, whether that conflict be real or potential.
How does a lawyer represent a client?
In California, Rule of Professional Conduct 1.13 “Organization as Client” answers this question. A lawyer employed or retained by an organization represents the organization through its duly authorized constituents.
What factors must be present for a communication between an attorney and a client to be privileged?
No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.
Should a lawyer abide by the clients decisions in all matters of representation?
Generally, attorneys have an ethical duty to abide by the client’s decisions concerning the objectives of representation and the means by which they are to be pursued. … A classic example is that an attorney usually need not consult with her client before agreeing to extend a discovery deadline to her client’s adversary.
What is the importance of attorney competence?
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Can a lawyer have a relationship with a client?
Although an attorney is not specifically prohibited from having an intimate relationship with a client, both Rule 3-120 and Section 6109.9 set forth that an attorney’s representation should cease if, as a result of the sexual relationship, his or her services cannot be competently carried out.
Can lawyers go against their clients?
The U.S. Supreme Court said that a lawyer has to go along with a client’s refusal to admit guilt, even when the lawyer reasonably thinks admitting guilt is in the client’s best interests. (Note, however, that defense lawyers generally have a duty to avoid suborning perjury.)
What should you not say to a lawyer?
Five things not to say to a lawyer (if you want them to take you…
- “The Judge is biased against me” Is it possible that the Judge is “biased” against you? …
- “Everyone is out to get me” …
- “It’s the principle that counts” …
- “I don’t have the money to pay you” …
- Waiting until after the fact.
When must a lawyer reveal confidential information?
The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.
Should you tell your lawyer everything?
Most (but not all) criminal defense attorneys want their clients to tell them everything—the good, the bad, and the ugly—because an attorney cannot defend against what he or she does not know. … No matter what, with a few exceptions, attorneys are required to maintain lawyer-client confidentiality.
What are the basic duties of a lawyer to his clients as provided by the legal code of ethics?
CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. Rule 2.01 – A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.
What are the four responsibilities of lawyers?
Advise and represent clients in courts, before government agencies, and in private legal matters. Communicate with their clients, colleagues, judges, and others involved in the case. Conduct research and analysis of legal problems.
What code do lawyers follow?
The Attorneys’ Code of Ethics (hereinafter called: the Code) establishes the principles and rules of conduct that attorneys shall at all times follow in fulfilling their professional responsibilities and in order to preserve the dignity of, and respect for, the legal profession.