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13 Cards in this Set
- Front
- Back
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Counselor
2.1 Advisor Lawyer Shall exercise… |
♞ SHALL exercise IPJ + render candid advice when representing a client.
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Counselor
2.1 Advisor Lawyer May refer… |
♞ MAY refer to law but also other considerations. ∈ Relevant moral, economic, social and political factors.
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Counselor
2.1 Advisor Propriety of AdviceScope of Advice: CL right to candid/frank advice of honest opinion. Opinion might be unpleasant; ♞ May slightly sugarcoat for CL morale. #Sophistication of CL is important. |
Scope of Advice: CL right to candid/frank advice of honest opinion. Opinion might be unpleasant; ♞ May slightly sugarcoat for CL morale. #Sophistication of CL is important.
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Counselor
2.1 Advisor Advise: Legal vs Extra |
☯ narrow legal terms might be inadequate, so discuss costs, 3P effects, moral/ethical factors.
⦁ Legality might involve other professions {∈ family matters= psychiatry, social work. ∈ business matters= accounting, financial analyst.} Recommend experts or contradict other experts. |
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Counselor
2.1 Advisor Offering Advice |
⦁ Offering Advice: Generally no duty to initiate advise @ offer if best for CL. Generally CL does not expect advise unless stated @ If ♞ knows CL’s plan legally adverse > offer advice (1.4). If CL’s plan necessitates litigation ⊃ advise on ADR.
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Counselor Rule 2.3
Evaluation For Use By Third Persons (a) Legal Evaluation for 3P: |
♞ May provide evaluation of matter if RB BL compatible with other aspects of CLR. {♞ must satisfy hist IPJ that evaluation is compatible w/ other duties. ∈ no financial evaluation when RP for fraud.}
⦁ Departure from normal CLR. Situation requires careful analysis. |
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Counselor Rule 2.3
Evaluation For Use By Third Persons (a) Permissive Authority is. . . |
⦁ Evaluation permitted if directed/implied authorization (1.2). {∈ CL vendor title opinion for 3P buyer; or CL borrower info for 3P lender.} ⦁ Obtaining Client's Informed Consent: Implied consent where no risk to client 1.6(a). Informed consent and adequately inform on possible effects, required if materially adverse to interests.
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Counselor Rule 2.3
Evaluation For Use By Third Persons (b) If Adverse to CL interests… |
No Evaluation if Adverse to CL INT: ♞ Shall Not render evaluation to 3P if ♞ KN o RB SHD KN evaluation would Materially + Adversely effect CL INT @ CL gives IC.
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Counselor Rule 2.3
Evaluation For Use By Third Persons (c) Confidentiality |
Info relating to Evaluation is 1.6 Protected @ as disclosure is authorized in connection with a report.
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Counselor Rule 2.3
Evaluation For Use By Third Persons Precautions |
⦁ Legal evaluation ≠ investigation of person. Depends on whether ♞ retained by the person whose affairs are being examined. Rules of loyalty and preservation of confidences apply. #essential to identify the person by whom the lawyer is retained. Clarify to CL, 3P, anyone privy to results of evaluation.
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⦁ Legal evaluation ≠ investigation of person. Depends on whether ♞ retained by the person whose affairs are being examined. Rules of loyalty and preservation of confidences apply. #essential to identify the person by whom the lawyer is retained. Clarify to CL, 3P, anyone privy to results of evaluation.
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⦁ Duties Owed to Third Person and Client: If evaluate used by 3P > legal duty to 3P may or may not arise.
⦁ Duty to inform CL on ♞’s responsibilities to 3P’s + duty to disseminate findings. ⦁ Access to and Disclosure of Information: ♞ SHall Not knowingly make a false statement of material fact or law in providing an evaluation (4.1). #quality of report depends on freedom and extent of investigation. |
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V Law Firms and Associates: Rule 5.1 Responsibilities Of Partners,Managers, And Supervisory Lawyers
(a) Managerial Authority 7 ✓ |
1) Lawyers with 2) comparable managerial authority shall 3) make reasonable efforts to 4) ensure the firm 5) takes measures giving 6) reasonable assurance 7) that all lawyers in firm 8) conform to MRPC
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V Law Firms and Associates: Rule 5.1 Responsibilities Of Partners,Managers, And Supervisory Lawyers
(b) Direct Supervisory Authority 6 ✓ |
1) A ♞ having 2) direct supervisory authority 3) over another ♞ shall 3) make reasonable efforts to 4) ensure that the other lawyer 5) conforms to MRPC.
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