[5] The competent handling of a particular issue involves the investigation and analysis of the factual and legal elements of the problem, as well as the application of methods and procedures that meet the standards of competent practitioners. This also includes proper preparation. The attention and preparation required is partly determined by what is at stake; Major litigation and complex transactions generally require more detailed treatment than less substantive issues. [7] The requirement in Rule 7.3(c) of these Rules that certain communications be labelled “promotional material” does not apply to communications sent in response to requests from potential customers or their spokespersons or sponsors. General notices from lawyers, including changes in staff or office location, are not communications requesting professional employment for a client known to require legal services within the meaning of this rule. [1] Paragraph (a) gives the client the ultimate authority to determine the purposes of legal representation within the limits and professional obligations of the lawyer. The decisions referred to in point (a), for example whether a civil case is to be settled, must be taken by the customer. See Rule 1.4(a)(1) of this Policy on the duty of counsel to communicate with the client about these decisions. With respect to the means by which the client`s objectives are to be pursued, the lawyer shall consult with the client in accordance with Rule 1.4(a)(2) and may take such steps as may be tacitly permitted to effect representation. [3] The form of a law firm within the meaning of point (d) depends essentially on the way lawyers present themselves from the public`s point of view. For example, practitioners who share offices and consult occasionally or support each other would not be considered businesses. However, if they present themselves to the public in a way that gives the impression that they are a corporation or that they behave like a corporation, they should be considered a corporation for the purposes of the rules. The terms of a formal agreement between associate lawyers are relevant to determining whether it is a law firm, as is the fact that they have reciprocal access to information about the clients they serve.
Furthermore, in case of doubt, it is relevant to examine the underlying objective of the rule in question. A group of lawyers could be regarded as a law firm within the meaning of the Rule, so that the same lawyer should not represent opposing parties in a dispute, whereas for the purposes of the Rule it could not be considered that information obtained from one lawyer is attributed to another. [7] Regardless of the issue of disqualification of a law firm, a professional association of lawyers is always required to maintain the confidentiality of information about an already represented client. See Rules 1.6 and 1.9(c) of these Regulations. [10] The lawyer`s own interests must not interfere with the representation of a client. For example, if the honesty of a lawyer`s conduct is seriously questioned in a transaction, it may be difficult, if not impossible, for the lawyer to advise a client remotely. If a lawyer is engaged in discussions about possible employment with an opponent of the lawyer`s client or with a law firm representing the opponent, such discussions could significantly limit the lawyer`s representation of the client. In addition, a lawyer cannot allow related business interests to interfere with representation, for example by referring clients to a company in which the lawyer has an undisclosed financial interest. See Rule 1.8 for specific rules relating to a range of personal conflicts of interest, including commercial transactions with customers. See also Rule 1.10 (personal conflicts of interest under Rule 1.7 are not normally assigned to other lawyers in a law firm). [19] If the client is an organization, paragraph (j) of this rule prohibits a lawyer of the organization (whether internal or external) from having a sexual relationship with any part of the organization that regularly supervises, directs or advises that lawyer on the legal affairs of the organization.
[4] This article is a balancing of interests. On the one hand, where successive clients are a public authority and another public or private client, there is a risk that the powers or powers conferred on that authority will be used for the particular benefit of the other client. A lawyer should not be in a position where the benefit to the other client could interfere with the performance of his or her professional duties on behalf of the government. In addition, the other client could gain an unfair advantage by having access to confidential government information about the client`s adversary, which is only available through the lawyer`s government service. On the other hand, the rules applicable to lawyers currently or formerly employed by a government agency should not be so restrictive as to prevent the transfer of jobs to and from the government. The government has a legitimate need to attract qualified lawyers and maintain high ethical standards. Thus, a former prosecutor is excluded only from certain cases in which the lawyer was personally and substantially involved. The provisions on review and renunciation in point (b) are necessary to ensure that the disqualification rule does not unduly discourage entry into the civil service. The limitation of the prohibition of rights in subparagraphs (a)(2) and (d)(2) to matters concerning one or more particular parties, rather than extending the challenge to all substantive issues on which counsel has worked, serves a similar function. [2] The Rules of Procedure presuppose a broader legal context that shapes the role of counsel. This context includes court rules and laws relating to admission matters, laws establishing specific duties of lawyers, and substantive and procedural law in general.
Comments are sometimes used to alert lawyers to their responsibilities under such another law. [5] In general, a lawyer is not expected to provide advice until the client has asked for it. However, if a lawyer is aware that a client is proposing a course of action that may result in significant adverse legal consequences for the client, his or her duty to the client under Rule 1.4 of these Rules may require the lawyer to provide advice if the client`s approach is related to representation. Similarly, under Rule 1.4, it may be necessary to inform the customer of the forms of dispute resolution that could be appropriate alternatives to disputes where an issue is likely to be the subject of litigation. A lawyer is not normally obliged to initiate an investigation into a client`s affairs or to give advice that the client has described as undesirable, but a lawyer may [6] Failure to comply with an obligation or prohibition imposed by a rule is grounds for initiating disciplinary proceedings. The Rules of Procedure require that disciplinary assessment of a lawyer`s conduct be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and taking into account that a lawyer is often required to act on the basis of uncertain or incomplete evidence of the situation. In addition, the Rules of Procedure require that the discipline of an infringement and the severity of a sanction depend on all the circumstances, such as.dem the intention and gravity of the infringement, mitigating factors and the existence or absence of previous infringements. [1] Delaying practices bring the administration of justice into disrepute. A significant delay should not be accepted solely for the convenience of lawyers or for the purpose of thwarting an attempt by an opposing party to obtain legal or calm redress. There is no justification for similar behaviour often being tolerated by the bank and the bar. The question is whether a competent lawyer acting in good faith would regard the proceedings as an essential objective other than delay.
Realizing financial or other benefits of [3]It has long been recognized and recognized that respectful post-termination behaviour between trial counsel (or those acting on behalf of counsel) and the jurors before whom counsel appeared benefits both counsel and the jury. The lawyer may acquire knowledge that allows him or her to better represent future clients, and the juror may have solved certain puzzles (usually related to the admission or refusal of evidence) to better appreciate the functioning of the judicial system. In addition, it is not uncommon for [4] In deciding how to proceed under paragraph (b), counsel should consider the seriousness of the violation and its consequences, the responsibility within the organization and the obvious motivation of the person involved, the organization`s policies regarding those matters that counsel should encourage the organization to develop, and any other relevant considerations. Normally, a referral to a higher authority would be necessary. However, in certain circumstances, it may be appropriate for counsel to ask the elector to reconsider the matter; For example, if the circumstances involve an innocent misunderstanding of the law by a voter and subsequent acceptance of counsel`s advice, counsel may reasonably conclude that the best interests of the organization do not require that the matter be referred to a higher authority.