Business Law Essay

1.16 (A).1, 5.5(B) - Upon learning that Carl had taken on a case on his own, which is an example of unauthorized practice of law, Attorney Howe should have notified the clients that Carl did not have such authority to take on a case, set discounted fees or conduct an interview without Attorney Howe’s supervision, thus in good consciousness Attorney Howe cannot take on clients under fraudulent circumstances.

Exceptions to confidentiality arise in a variety of ways. One way includes when confidentiality conflicts with governmental policy or law, exception could allow the practitioner to release confidential information without the consent of the client. Such instances that would be included in this category include abuse reporting, the duty to warn, which refers to the protection of the client and any intended victims from possible harm, monetary collection and direct

Wasserstrom also considers the fact that in many situations lawyers have the optional ability to remove themselves form issues that may contradict their individual ethics. "Having once agreed to represent the client, the lawyer in under an obligation to do his or her best to defend that person at trial." With in the process of contracting a lawyer, the lawyer has the option of acceptance or refusal of representing the client. Therefore the lawyer can asses the case and decide if it violates any of their own individual ethics.

(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;

Legal professionals owe complete loyalty and good faith to clients at every stage of the representation.

Sometimes confidential information disclosed by a client may need to be passed on to others. This may be if there is a risk of

According to Pollock, (2017) judged and prosecutors are prohibited from discussing cases outside the presence of another attorney. This is a violation called ex parte communications, it is prohibited because it gives one side preference over the other.

The purpose of rules of ethics that attorneys are obligated to abide by is to protect the Attorney-Client Relationship and enable full disclosure of information that is necessary for lawyers to provide competent representation in favor of their client. Confidentiality and the Attorney-Client

Prior to a corporation or its employees taking action, it usually requires an informed legal advice. Legal direction may be either taken or dismissed; the point is that in order to provide an informed decision counsel and its direct reports are provided with confidential information. Counsel reviews the confidential information and provides an opinion on the issue. This opinion may or may not support the legality of a matter and the company may or may not act because of the information provided, however, the confidentiality of the initial information provided, the attorney’s thought process, as well as all reasoning associated with this process needed to be retained as confidential.

According ABA Model rule, a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client, and shall not reveal information relating to the representation of a client unless the client gives informed consent.

Wherever LPP applies to a communication between a lawyer and client, the client is allowed to object any third party seeing the communication for any reason, unless the client has agreed or waived its rights, a statute provides that the privilege can be overruled, the document affected was prepared for, or in connection with a corrupt purpose, or one of few exceptions apply . The right to confidentiality and legal privilege lies with the client, meaning the client is allowed to waive that right. Clients may decide the information may be disclosed to allow the press to be informed of their position. A client might even decide to use their own communications with their lawyer as evidence in the trial.

(c) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

For the most part the main restriction is truthful & up-to-date information, which completely makes sense because as legal professionals it should common sense that your contact is essential to current and potential clients.

The requirements of Prof. Cond. R. 1.8(a) must be met even when the transaction is not closely related to the subject matter of the representation, as when a lawyer drafting a will for a client learns that the client needs money for unrelated expenses and offers to make a loan to the client. The Rule applies to lawyers engaged in the sale of goods or services related to the practice of law, for example, the sale of title insurance or investment services to existing clients of the lawyer's legal practice. It also applies to lawyers purchasing property from estates they represent Prof. Cond. R. 1.8(a) does not apply to standard commercial transactions between the lawyer and the client for products or services that the client generally markets to others, for example, banking or brokerage services, medical services, products manufactured or distributed by the client, and utilities' services. In such transactions, the lawyer has no advantage in dealing with the client, and the restrictions in paragraph (a) are unnecessary and impracticable

This essay discusses the various duties that a barrister owes and the ethical dilemma that arises when such duties are at opposing ends. A barrister owes a duty to the client to act in the way that his client’s best interest are protected and the purpose of his representation in the eyes of the client is achieved but will that justify that incurring harm to the society at large or to the court remains a question to be considered. A barrister must act in the best of interest of his client but such a strict approach will render it difficult for the barrister to fulfill his duties which are owed to the court and to the administration of justice and duty to act with honesty and integrity . If such duties at some point are in conflict what should a barrister do in such