Professional Responsibility
What Does Professionalism Mean?
Bates v. State Bar of Arizona – An attorney advertised his services and gave price quotes. At the time this was considered unethical and consequently unprofessional in that it may have been possible that advertisements would give rise to abuses. This case permitted attorneys to advertise because the fear of the negative consequence was overshadowed by the market-economy which would require advertisements. SC held that the advertisement is commercial speech, and there was a constitutional protection subject to some restraints.
Pro Bono Publica
Pro Bono is short for Pro Bono Publica (for the public good).
This is not required, it is aspirational.
The ABA adopted the Pro Bono Rule (rule 6.1). “Every lawyer has a professional responsibility to provide legal services to those who are unable to pay for the service. An attorney should aspire to provide…”
However, rule 6.2 provides that an attorney cannot avoid a tribunal appointment to represent someone except for good cause.
In NJ (rule 6.1) also states that an attorney should provide.
The Unauthorized Practice of Law
To be a lawyer, you have to belong to the profession. If you are not a lawyer, you should not be performing or providing legal services.[1]
What are Legal Services?
The Florida Bar v. Brumbaugh – This was a Florida case where an individual was selling her “secretarial services” by filling out forms, resumes, wills, and do-it-yourself divorces. The Florida Bar claims that she was practicing law by providing legal services. Brumbaugh claimed that she was only filling out forms and that this action did not constitute legal services. She had many clients and charged a very modest sum. She had no complaints from any of the many clients that she helped bring actions.[2] The Florida SC provided that a layman may not correct mistakes or omissions, she may however provide the necessary forms with instructions but may not engage in selection, organization, or advisement without violating the requirement that only a lawyer can provide legal services.
Business organizations, banks, and insurance companies are allowed to do “under the radar” types of legal services. This is an accommodation by the courts because of the current business climates that would prefer to permit this then have business cease so that a lawyer can be consulted for every decision.
Georgia provides a list of what defines the practice of law which includes but not all jurisdicti
rements of temporary practice; or
3. At any place within a jurisdiction where the lawyer is not admitted to the extent that the lawyer’s activities in the matter arise out of or are otherwise reasonable related to the lawyers practice in his or her home state.
The ABA (rule 5.5) has also accepted exceptions to the requirement that an attorney may only practice law in the state of his admittance. (Hayden 53, note 1).
Chapter 2: Incompetence
[1] There is a fear that only lawyers should provide legal services for fear that incompetent individuals would give advice that could lead to great damage very similar to the physical damage that could occur when a layman attempt to provide medical services. [2] The great majority of actions brought for unethical behavior come from complaints by those injured by the acts of an attorney. [3] Tandem was a Delaware Corporation, ESQ was a California Corporation. However, both parties to the underlying arbitration had their main offices in California.