Formal Ethics Opinion of 2013â 14. Joint representation in a commercial home loan is in most cases a „non-consensual“ conflict, which means that a lawyer cannot ask the borrower and the lender to accept joint representation. (2) offer, accept, attempt, negotiate, enter into or submit to an agreement that limits the capacity of the lawyer or another person .[17] In addition, for the purpose of determining the authority and responsibility of the lawyer, the principles of substantive law outside of these rules determine whether there is a client-lawyer relationship. Most obligations arising from the client-lawyer relationship arise only after the client has appointed the lawyer to provide legal services and the lawyer has agreed to do so. However, certain obligations, such as confidentiality under Rule 1.6, are attached if the lawyer agrees to consider whether a client-lawyer relationship should be established. See Article 1.18. Whether a client-lawyer relationship exists for a specific purpose may depend on the circumstances and be a question of fact. [1] Appropriate communication between the lawyer and the client is necessary for the client to participate effectively in the representation. [1] A lawyer acts as an intermediary within the meaning of this rule when representing two or more parties with potentially conflicting interests. A key factor in defining the relationship is whether the parties are jointly liable for the attorney`s fees, but joint representation may be derived from other circumstances.
Since confusion about the role of counsel can arise if each party is not represented separately, it is important that the lawyer clearly indicates the relationship. [3] If the assessment is intended for information or use by a third party, a legal obligation to that person may or may not arise. This question of law goes beyond the scope of that rule. However, since such an assessment implies a deviation from the normal client-lawyer relationship, a careful analysis of the situation is necessary. The lawyer must, at his or her professional discretion, ensure that the performance of the assessment is consistent with other functions performed on behalf of the client. For example, if the lawyer acts as a lawyer to defend the client against allegations of fraud, it would normally be inconsistent with this responsibility for the lawyer to make an assessment for others in relation to the same or a related transaction. However, assuming that such an obstacle is not apparent, the lawyer should draw the client`s attention to the impact of the assessment, in particular on the lawyer`s responsibilities towards third parties and on the obligation to disseminate the findings. [7] A fee split is a one-time statement to a client that covers the fees of two or more lawyers who do not work in the same firm. A fee split facilitates the association of more than one lawyer in a case in which none of them could serve the client alone, and is most often used when the fees are conditional and the division exists between a referring lawyer and a litigation specialist. Paragraph (e) does not require disclosure to the client of the party that each lawyer must receive, although contingency fee agreements must be signed in writing by the client and paragraph (c) must comply with this rule. Co-responsibility for representation includes the financial and ethical responsibility for representation, as if lawyers were related in a partnership. See Article 5.1 of this Regulation.
A lawyer should refer a case only to a lawyer who he or she has reasonable grounds to believe has jurisdiction over the handling of the case. See Article 1.1 of this Regulation. b) Representation of a client by a lawyer, including representation by appointment, does not constitute an endorsement of the client`s political, economic, social or moral opinions or activities. [6] The scope of the services to be provided by a lawyer may be limited in agreement with the client or by the conditions under which the lawyer`s services are provided to the client. For example, representation provided through a legal aid organization may be subject to restrictions on the types of cases the organization handles or, if a lawyer has been hired by an insurer to represent an insured person, representation may be limited to matters related to insurance coverage. In addition, the conditions under which the representation is performed may exclude certain means that could otherwise be used to achieve the client`s objectives. Such restrictions may exclude actions that the client deems too costly or that the lawyer deems repugnant or negligent. [3] Paragraph (h) allows a lawyer to advise employees of a client not to disclose information to another party because employees can identify their interests with those of the client. See also Article 4.2 of this Regulation.
(a) When dealing on behalf of a client with a person who is not represented by a lawyer, a lawyer may not declare or imply that the lawyer is disinterested.
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