*CA competence requirement Duty to communicate with client Competent representation includes the duty to communicate with client. MR 1.4, CRPC 3-110A, 3-500; BPC 6068(m)-(n) *NO CA rule describing the extent to which client must be informed CRPC 3-500 BP 6068m requires duty to communicate about significant developments in the case Matters that require informed consent Lawyer must promptly inform client of any decision or circumstances that req the client's informed consent Informed consent - client agrees to proposed conduct after the lawyer has sufficiently explained the risks and reasonable alternatives Includes settlement offers Information about status of the matter and means to be used Must keep client reasonably informed as to the status of the matter and means used to achieve the client's objectives Consultation w/ client required except when immediate decision is necessary Request for information When client makes a reasonably request for information, must be done promptly If not possible, then acknowledge request and notify client when info should be avail Consultation about illegal or unethical conduct Must inform client of limits to the lawyer's conduct when the client expects the lawyer to engage in illegal or unethical conduct Special circumstances The amount and kind of information and explanations the lawyer should give to the client depends on the client's situation Ex. Young or diminished capacity If clt is an organization, then the lawyer should communicate with the appropriate officer If established AC relash, then they may agree to limited or occasional reporting Withholding information from client A lawyer may delay the transmission of information to a client if the client would be likely to react imprudently to an immediate communication. BUT the lawyer cannot withhold info to serve the lawyer's or a 3rd person's interest or convenience Duty to supervise Includes: Law students Subordinate attorneys In some cases, other firm partners Paralegals and non attorney staff Contract and other temp lawyers Outsourced legal services Responsibilities of a Subordinate Lawyer A lawyer is always bound by the rules of professional conduct and must always follow the law. MR 5.2 Duties Concerning Debatable Ethics Questions A subordinate lawyer does not violate the rules of professional conduct by acting in accordance with a supervisor's reasonable resolution of an arguable question of professional duty Subordinate attorney can defer to a senior lawyer's reasonable resolution of an arguable question of professional duty Duties Concerning Clear Ethics Violation Orders from a supervisory lawyer are no excuse for clearly unethical conduct
*CA competence requirement Duty to communicate with client Competent representation includes the duty to communicate with client. MR 1.4, CRPC 3-110A, 3-500; BPC 6068(m)-(n) *NO CA rule describing the extent to which client must be informed CRPC 3-500 BP 6068m requires duty to communicate about significant developments in the case Matters that require informed consent Lawyer must promptly inform client of any decision or circumstances that req the client's informed consent Informed consent - client agrees to proposed conduct after the lawyer has sufficiently explained the risks and reasonable alternatives Includes settlement offers Information about status of the matter and means to be used Must keep client reasonably informed as to the status of the matter and means used to achieve the client's objectives Consultation w/ client required except when immediate decision is necessary Request for information When client makes a reasonably request for information, must be done promptly If not possible, then acknowledge request and notify client when info should be avail Consultation about illegal or unethical conduct Must inform client of limits to the lawyer's conduct when the client expects the lawyer to engage in illegal or unethical conduct Special circumstances The amount and kind of information and explanations the lawyer should give to the client depends on the client's situation Ex. Young or diminished capacity If clt is an organization, then the lawyer should communicate with the appropriate officer If established AC relash, then they may agree to limited or occasional reporting Withholding information from client A lawyer may delay the transmission of information to a client if the client would be likely to react imprudently to an immediate communication. BUT the lawyer cannot withhold info to serve the lawyer's or a 3rd person's interest or convenience Duty to supervise Includes: Law students Subordinate attorneys In some cases, other firm partners Paralegals and non attorney staff Contract and other temp lawyers Outsourced legal services Responsibilities of a Subordinate Lawyer A lawyer is always bound by the rules of professional conduct and must always follow the law. MR 5.2 Duties Concerning Debatable Ethics Questions A subordinate lawyer does not violate the rules of professional conduct by acting in accordance with a supervisor's reasonable resolution of an arguable question of professional duty Subordinate attorney can defer to a senior lawyer's reasonable resolution of an arguable question of professional duty Duties Concerning Clear Ethics Violation Orders from a supervisory lawyer are no excuse for clearly unethical conduct
Ethical-Lawyering-Dudovitz-Fall-2010.docx