Client – Lawyer Relationships
Sicklick’s 10 Principles of Legal Ethics
1. Competence –
5. Loyalty –
7. Advocacy – rules don’t say you have to be a zealous advocate. How far can you go to make sure the truth comes out? How zealous?
8. Commitment to public service. – no a requirement under the Conn. rules.
Rule 1.2: Scope of Representation:
a. A lawyer shall abide by a client’s decisions concerning the objectives of representation, subject to subsection (c), (d) and (e) and shall consult with the client as to the means by which they are to be pursued.
– A lawyer shall abide by a client’s decision whether to accept an offer to settle.
– In a criminal case, the lawyer shall abide by the client’s decision, after the consultation with a lawyer, as to a plea to be entered, whether to waive a jury trial and whether the client will testify.
b. A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economical, social or moral views or activities.
c. A lawyer may limit the objectives of the representation if the client consents after consultation.
d. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent – but, a lawyer may discuss he legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.
e. When a lawyer knows that a client expects assistance not permitted by the RPC or other law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer’s conduct.
Rule 1.3: Diligence: a lawyer shall act with reasonable diligence and promptness in representing a client.
– a lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer, and may take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor.
– A lawyer shall act with commi
ial or negotiation strategy in detail.
– What level of information should be provided: ordinarily, the information to be provided is that appropriate for a client who is a comprehending and responsible adult.
– When a client is a child or suffers from mental disability: See Rule 1.14
– When the client is an organization: hard to tell all the members, thus ordinarily the lawyer should address communications to the appropriate officials of the organization. See Rule 1.13
– When can a lawyer withhold information from a client?: only when informing the client at a specific time would likely force him to act imprudently. However, a lawyer may not withhold information to serve his own interests or convenience.
Lawyer Fees – Rule 1.5: A lawyer’s fee should be reasonable. The factors to be considered in determining the reasonableness of a fee include the following: See rule 1.5 for list.