Court & LawCandid Advice (Rule 2.1)
Twenty flashcards on the lawyer as advisor under Virginia Rule 2.1: candid advice, independent judgment and the non-legal factors that matter.
Free to start20 cards
- Which two duties does Rule 2.1 set for a lawyer representing a client?
- Exercise independent professional judgment and give candid advice.
- Besides the law, what may a lawyer refer to when advising?
- Other relevant considerations such as moral, economic, social and political factors.
- What kind of advice is a client entitled to (Comment 1)?
- Straightforward advice that expresses the lawyer's honest assessment.
- Why can legal advice be hard for a client to hear?
- It often involves unpleasant facts and alternatives the client may not want to face.
- How may the lawyer present difficult advice?
- In a way that sustains the client's morale, in as acceptable a form as honesty allows.
- Should a lawyer hold back advice the client will dislike?
- No. The prospect that advice is unwelcome should not stop the lawyer from giving it.
- When can narrowly legal advice be of little value (Comment 2)?
- When practical matters, such as cost or effects on other people, are the main concern.
- What can purely technical legal advice overlook?
- The relational or emotional factors driving a dispute, to the client's disadvantage.
- In that case, what else may the advice cover?
- The pros, cons and availability of other dispute resolution processes that could fit.
- May a lawyer bring up moral and ethical considerations (Comment 2a)?
- Yes, it is proper to refer to relevant moral and ethical considerations.
- Is the lawyer a moral advisor?
- Not as such, but moral and ethical considerations touch most legal questions and can decide how the law is applied.
- An experienced client asks for purely technical advice. What may the lawyer do?
- Accept the request at face value.
- An inexperienced client asks for purely technical advice. What may the lawyer's duty include?
- Pointing out that more may be involved than strictly legal considerations.
- Which professions may a family matter call for (Comment 4)?
- Psychiatry, clinical psychology or social work.
- Which professions may a business matter call for?
- The accounting profession or financial specialists.
- When should the lawyer recommend consulting another professional?
- When a competent lawyer would recommend that consultation.
- What does a lawyer's advice at its best often consist of?
- Recommending a course of action in the face of conflicting expert recommendations.
- Is a lawyer expected to give advice before the client asks (Comment 5)?
- In general, no; but the lawyer may offer advice when doing so appears to be in the client's interest.
- Under the old Virginia Code (EC 7-8), who finally decides whether to give up a legal option for non-legal reasons?
- The client.
- How did Virginia adopt the text of Rule 2.1?
- It adopted the ABA Model Rule verbatim.
Official sources
Virginia Rules of Professional Conduct (Rules 1.4, 1.18 and 2.1)
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