ethical dilemma of attorney who represents opposing clients

Can a lawyer represent two opposing clients?

How do you deal with unprofessional opposing counsel?

What is the rule about simultaneously representing two clients whose interests are adverse?

What is a legal conflict in representation of clients?

How do you negotiate with opposing counsel?

What do you do when opposing counsel won't respond?

What are the two types of legal conflicts?

Can 2 lawyers from the same firm represent opposing parties?

What risks are involved when a lawyer simultaneously represents 2 clients on the same side of litigation?

What does attorney conflict mean?

What is a conflict of interest in an attorney client context?

Can a lawyer represent a client with interest adverse to those of a former client?

Is a lawyer an agent of the client?

It is generally considered that lawyers are agents of the client and the client is bound by the action of his lawyer. Commentaries on Professional Responsibility of lawyer–client control reflect that a tension exists between the client and lawyer about the control and decision-making powers relating to the case and its representation. Professor Nancy B. Rapoport mentions that

What happens when a lawyer terminates a client relationship?

Generally, the relationship between a lawyer–client terminates with end of case or the work that the client has entrusted to lawyer (unless there is a retainership agreement). However, termination can also happen by way of dischargement of the lawyer by his client 21 or lawyer’s withdrawal from case 22. On termination of the lawyer–client relationship, lawyer has the duty to promptly return the client all the documents and files, certified copies of the order or judgement (if agreed), 23 along with the detailed statement of accounts relating to client’s money received by the lawyer, receipts and if any remaining unused money of the client. However, BCI Ethics rules are not candidly specifying what documents are required to be returned to the client on termination. The Supreme Court however has observed all documents and files relating to the case available with the lawyer have to be returned to the client promptly on termination of lawyer–client relationship. It is understood that lawyer will deliver all documents and files received from his client. But one issue raised is that when a client has not paid the bill at the end of the representation, can the lawyer keep a client’s documents until the client pays? The law in this regard is settled and the Supreme Court’s opinion in R.D. Saxena v. Balaram Prasad Sharma 24 is applicable. The Apex Court has held that

What is a lawyer-client relationship?

A lawyer–client relationship may be established when a client approaches a lawyer for some legal advice or service and the lawyer accepts to provide the same . But when a lawyer enters into a relation with his client to provide his legal service, ...

Can a lawyer refuse a case?

However, this rule gives rise to a question that whether a lawyer is under a general professional obligation to accept every client who approaches him or a limited discretion is allowed to him to refuse a case. According to Rule 11 of BCI Rules in a special circumstance a lawyer has discretion to not take a case.

Can a lawyer pick and choose his clients?

The understanding is that a lawyer cannot pick and choose his clients . Furthermore, Rule 15 of the BCI Rules states. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other.

Why do lawyers have limited authority?

lawyers as agents have limited authority to settle clients cases because of the implied authority vested by his appointment as a counsel. But the court also states that ‘it will be prudent for counsel not to act on implied authority except when warranted by the exigency of circumstances demand’.

What is the BCI rule for accepting a case?

Rule 11 of BCI Rule states that a lawyer is bound to accept a case unless there is a special circumstance which justifies her recusal for accepting a case. The issue that rises is whether a lawyer’s refusal of a case on the ground that he cannot offer competent representation due to lack of his specialized skills or knowledge can be justified as special circumstance. It is a duty of a lawyer to provide competent representation to a client. According to various authorities a competent representation requires legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. 4 A lawyer may not possess the required necessary special training or prior experience to handle legal problems of a particular type with which the lawyer is unfamiliar. To competently manage a case by a lawyer what is required is having strong grip over some fundamental skills, such as the analysis of precedent, the evaluation of evidence and legal drafting. The most fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily transcends any particular specialized knowledge. According to the American Bar Association Model Rules Professional Conduct (2004) in Rule 1.1 a lawyer is permitted to refuse to take a case in an unfamiliar field if the lawyer lacks ‘ thoroughness and preparation reasonably necessary for the representation .’ Further to resolve this ethical dilemma of lawyers the BCI is negotiating a new code of ethics 5 suitable to contemporary era, states in its Rule 4 that ‘ An Advocate may decline a specialist brief if he/she considers himself not competent to accept the brief .’

What is ethical dilemma?

Merriam-Webster dictionary defines an ethical dilemma as a problem where a person has to choose between a moral and an immoral act. Attorneys come into contact daily which involves the attorney-client relationships. The attorney-client privilege is a legal privilege that works to keep communications between a lawyer and his/her client secret (silence is golden). The privilege is a legal doctrine that protects confidential information, the contents and actions related to the privileged communication must preserve the integrity of the attorney-client privilege. This paper presents the ethical dilemmas of the attorney-client privileges, trust and the importance of adequate closure in attorney-client relationships. Ethical Dilemmas Between Attorney-Client Attorneys are to represent their clients as members of a legal profession. As long as there has been an attorney-client case, there has been disputes regarding the attorney 's loyalty to their clients. Ethically, the adverse action implicates important professional values which include the obligations of legal professionals to provide services to those that need them, to become fully informed regarding legal matters to ensure competence, and to hold confidential clients ' communication. The attorney should always be truthful as well as trustworthy. According to Banks, “trust is an aspect of professionalism, and the encouragement of trust has become a fundamental characteristic in a professional relationship because

What are the problems and dilemmas of professional ethics?

It should be pointed out that relationships between a counselor and a client in some cases can cause ethical issues. The first situation cover s the problem of both platonic and sexual relationships between the counselor and his client. The second situation reflects the question of sexual relationships between the counselor and client’s relatives. Regarding the first situation

Can Cintolo be excused?

Having called the tune, Cintolo cannot be excused… on the basis of his vocation… [We] emphatically reject the notion that a law degree, like some sorcerer’s amulet, can ward off the rigours of the criminal law. The law itself is not a shield for ethical wrongdoing, legal ethics and how they are applied by international lawyers has become the subject of much contention since the infamous memorandum drafted in 2002 by Jay Bybee and John Yoo (Yoo) otherwise known as the ‘torture memo’. This essay seeks

What happens if an attorney fails to communicate with a client?

An attorney may face ethical violations for failure to communicate with a client in numerous situations. Anytime a client’s consent is required, the attorney must notify him. The lawyer must notify and update his client regarding developments in a case. If the client asks for information, the lawyer is obliged to respond to him. If a client asks an attorney to provide a service the attorney cannot legally perform, the client must be informed. Failure to communicate properly with a client could result in a malpractice suit.

What is attorney impairment?

Attorney Impairment. Any condition that might cause a client to question an attorney’s ability to perform his job may create an ethical dilemma. While alcohol and drug abuse are obvious ethical problems, physician-prescribed medication might also be an issue if it impairs the attorney's performance.

How can a client-attorney relationship be established?

A client-attorney relationship can be established inadvertently and with serious consequences. If a person asks an attorney a legal question and the attorney provides information, a legal relationship may have been established. Likewise, if an individual, based on past experience or conversation with an attorney, believes a relationship exists, then a relationship may have been inadvertently established. If a person shares confidential information with an attorney, the grounds for a relationship may be established. An attorney must be careful to state clearly that no such relationship exists.

Why is the internet important for an attorney?

Because the Internet has no boundaries, an attorney may run afoul of restrictions in states where he does not reside. An attorney can avoid these problems and the ethical issues they cause by posting a physical address on his website and identifying the area where he can practice. Emails, too, can pose an ethical dilemma, since confidentiality may be compromised if emails are shared. If an attorney informs his client that communication by email is not secure, he can neutralize this ethical problem.

Who is Thomas Metcalf?

Thomas Metcalf has worked as an economist, stockbroker and technology salesman. A writer since 1997, he has written a monthly column for "Life Association News," authored several books and contributed to national publications such as the History Channel's "HISTORY Magazine.".

Why does the internet have no boundaries?

Because the Internet has no boundaries, an attorney may run afoul of restrictions in states where he does not reside. An attorney can avoid these problems and the ethical issues they cause by posting a physical address on his website and identifying the area where he can practice.

Do attorneys have to be aware of mental health?

Attorneys should be aware of mental health symptoms to spot a mental illness when representation commences. This, again, may be easier said than done. After all, most attorneys are not trained in mental health assessment. And the younger or less experienced the attorney, the more difficult it can be for the attorney to determine if their client is suffering from a mental illness that affects their capacity to such a degree that the client is unable to understand the lawyer’s advice or make informed decisions.

Can a lawyer be a guardian of a disabled client?

The ethics rules adopted in most states provide that a lawyer may seek a guardian for a client under a disability , “or take other protective action with respect to a client, only when the lawyer reasonably believes that the client cannot adequately act in the client’s own interest.” Model Rule 1.14 (b). As the language of the Model Rule underscores, and as numerous State Ethics opinions emphasize, seeking a guardian for a client should happen only if the client is incompetent, and even then it should only be the last resort. It is an option, and never mandatory, unless the attorney seeks to withdraw from the representation of an incompetent and otherwise unprotected client (in which case the attorney’s duty will be to bring the matter to the attention of the tribunal so that an appropriate guardian may be appointed to protect the client’s interests).

Is the elderly at a high risk for death?

That includes the families of the elderly as well as others with disabilities and underlying health conditions that require frequent hospitalizations or medical interventions. From what we now know, they are at a particularly high risk of death or serious illness from the novel coronavirus.

What is the ABA model rule of professional conduct?

For lawyers in this position, they need to know ABA Model Rule of Professional Conduct 1.14, which addresses client-lawyer relationships where the client suffers from a mental illness or diminished capacity. Rule 1.14, a version of which has been adopted in all 50 states and the District of Columbia, states, “the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.”

What happens if a client cannot act in his or her own interest?

If the client cannot act in his or her own interest, then an attorney “may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of guardian ad litem, conservator or guardian.”

Can a lawyer be a guardian?

The ethics rules adopted in most states provide that a lawyer may seek a guardian for a client under a disability, “or take other protective action with respect to a client, only when the lawyer reasonably believes that the client cannot adequately act in the client’s own interest.”. Model Rule 1.14 (b).

What is a two prong test?

According to a joint publication of the ABA and American Psychological Association, a two-prong test may be useful when determining the existence and degree of a client’s mental illness: (1) “take reasonable steps to optimize capacity;” and. (2) “perform a preliminary assessment of capacity.”.

What is the nature of an attorney-client relationship?

The nature of attorney-client relationship is such that the attorney is always in a position to better predict consequence of some actions, due to their training and experience. For the most part, clients are aware of this fact, and they usually agree with the attorney on the preferred course of action.

What is attorney client privilege?

The Attorney-Client privilege denotes a special relationship between the client and the attorney.

What is the goal of a defense attorney?

The only goal of the defense attorney is to defend the accused, and they have to do so even if they know that the accused is guilty. The defense attorney is allowed to confuse the witnesses, and try to point out any weaknesses in the persecutor’s case.

What is the duty of a persecutor?

The duty of a persecutor is, therefore, to initiate a trial process against a person about whom there is a reason to believe that they have been involved in a crime. Persecutors have the burden of proof, which means that they are obliged to provide factual evidence for their claims.

What is the confidentiality rule?

Confidentiality rule is a principle that prevents a defense attorney from revealing information disclosed by the client for the sake of preparing the case for defense. Of course, this rule implies that there is no consent on the part of the client.

What is criminal law?

Available only on IvyPanda. Updated: May 4th, 2020. Criminal law obliges the state to enforce criminal justice in a society. It presupposes that most of the people will not commit a crime. If a crime is, nonetheless, committed, it is the duty of the state to investigate it, and punish the person who committed it.

How to file a complaint against a lawyer?

In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

Who reviews ethics complaints?

In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.

Do lawyers make mistakes?

Lawyers are human, and like everyone else, they sometimes make mistakes when representing clients. In some cases, the mistakes are small and easily fixable—for example, not filing enough copies of a document with the court or needing to reschedule a meeting. Other times, the mistakes are serious—such as missing the deadline to file a lawsuit, ...

What is the responsibility of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible.

What are the rules of professional conduct?

The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.

What is the duty of a lawyer?

Lawyers have a duty to keep their clients reasonably informed about the status of their cases, to respond promptly to requests for information, and to consult with their clients about important decisions in their cases (for example, whether to accept a settlement offer). Not returning the client's documents.

Can an attorney represent a client?

There are times when an attorney may be able to represent a client despite an apparent conflict of interest, although the rules on this can vary by state. For example, a lawyer may be able to accept an individual as their client if: Each affected client provides informed consent in writing.

What are the conflicts of interest in a lawyer?

There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.