Who is the Client? Rule 1.2. Scope of representation and allocation of authority between client and lawyer. (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client 's decisions concerning the objectives of representation, and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client 's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client 's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify. (b) A lawyer 's …show more content…
The rules assume that the “client” is known and there is no real discussion as to how to determine who is the client. However, in many situations for the Elder Law Attorney, this is usually not so clear. The initial contact to the attorney’s office is many times made by a family member or a caregiver for the elderly person. This within itself presents many potential issues. This is particularly so when there is discord in the family and one sibling brings in their parent or parents in opposition to the other sibling. In many situations you may only meet your client once and that visit could be brief. You may only deal with a family member. Often, the elderly person may insist that you deal with the family member and not themselves. One interesting thing about the Model Rules is that it does not define who the client is nor does it tell the attorney how to determine who is the client. There is no certain formula to determine this but one thing is certain, you must decide who the client is and make that decision known to all present preferably in writing if not at the initial meeting, soon thereafter. Most elder law attorneys prefer to represent the elder. This clarifies many of the issues and looking out for their best interest makes the decision making process somewhat easier although there are exceptions. Those most notable exceptions are representing the guardian in a guardianship or representing another family
When looking how effectively a country represents its citizens, it is important to take into account the manner in which they are represented. The two main types of representation are descriptive and agency representation. Descriptive representation is the concept that those who represent the American people should not only have the same political interest, but should also mirror the demographic makeup of the people. Agency representation, which is what the United States congress looks like, is when the representation does not reflect the demographic, but they speak for their constituents’ interests in congress. The constituents are able to hold the representatives accountable and can choose not to elect them in the next term, so the representatives
Client must be honest and legit. Attorney will advance all "costs" in connection with Attorney's representation of Client under this agreement. Attorney will not settle Client's claim without the endorsement of Client. Client may release Attorney whenever by composed notice. Attorney may withdraw at any time as permitted under the
According to the U.S. Code › Title 28 › Part I › Chapter 21 › § 455
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.
Beach J discussed the meaning of Attorney Rules 15 – see [84]. He criticised it as unclear, it seeming to deal only with conflict between duty & interest, not duty & duty.
The lawyer’s presentations to the court will determine the fact with a trial judge or jury and relate it to the law to reach a decision before judgment is entered. Decision will base entirely upon material introduced by parties. Although individuals are free to represent
Obviously, they should have an idea of what the client is coming in the law firm for. The paralegal should also do some pre-interview research of the client. The paralegal should also know what checklist and/or form to use for the client’s specific case. You would use two different checklists for a dissolution of marriage case and a client that is trying to recover damages from a car accident.
Attorney Client Privilege, which originated in Roman and canon law, has evolved into a recognized judicial doctrine and is necessary in order to provide clients with access to effective, well informed counsel. In Upjohn Co. v US the Supreme Court the Court
The lawyer is the lead in the legal team and has passed the bar examination and have a license to practice law in their respective state(s). In larger firms, the lawyers can be assigned as partners and associates. The partner has actual ownership in the firm whereas the associate are usually on salary as an employee, not being an owner in the firm. The supervising attorney in a large firm is responsible for the actions and work of the lawyers under him/her. The paralegal is responsible for the litigation process. Some of the responsibilities of the paralegal are preparing casework, investigations, preparing briefings, conducting
1.)The Delegation Doctrine also known as nondelegation power, is important because it limits Congress’ ability to transfer the legislative power to other government branches.
The individual named power of attorney may face challenges from other relatives as decisions are made for the aging family member. Elder law mediation is also available to help these relatives work past their differences and agree on a resolution.
Lawyers can't represent clients when they have a conflict of interest. For example, an attorney could not sue someone he had previously represented if his previous representation gave him information that would lead to an unfair advantage or the appearance of one. This is where the ethical issues began to arise lawyers in the same firm typically can't represent clients with opposing interests. Even if one lawyer in the firm has no direct conflict of interest, the fact that another lawyer does might prohibit representation that could lead to sanctions or complications for the lawyer or the firm he or she may represent.
Originated from the Latin word “auctoritatem” with connotations of “invention, advice, opinion, influence, command” (McCormack, 2001), the concept of “authority” prescribes the normative rules of correct and incorrect ways to do certain things in the sphere of social control, and describes a person as being an authority regarding his or her proficiency, training and wisdom in the sphere of knowledge (Peters, 1966). Teachers are responsible for promulgating, maintaining and perpetuating the authority of social control, and positioned as authorities on the knowledge that they are required to transmit. This is why Peters (1966) insists his stance that “the teacher is an authority figure in both the above senses” (p.240).
The authority of an agent is the act which he is allowed or authorised to do by his principal, and which will bind his/her principal. Usually, the principal will only be bound by the act of the agent if the agent acts within his/her authority. There are two types of authority which an agent could rely on, namely actual authority and apparent or ostensible authority.
Lawyer is a person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters. Lawyers serve as both advocates and advisers. As advocates, they speak for their clients in court by presenting supportive evidence. As advisers, they counsel their clients on their legal rights and obligations. Lawyers, also called attorneys and counselors, can interpret laws and apply laws to specific situations, and draft new laws. Much of their work involves researching precedents, which are earlier interpretations of laws and the history of judicial decisions based on that law. Lawyers use precedents to support their cases in court. Many resources from law libraries and public documents to computer