Court & LawGive candid, independent advice
The client hopes to hear that they will win, and the honest answer is different. You exercise independent professional judgment, give your honest assessment of the likely consequences and say it in as acceptable a form as honesty permits, without ever showing the way to a crime or fraud. It follows Rule 2.1 of the Virginia Rules of Professional Conduct and Rule 1.2 on the client's conduct.
Free to startScenarios
- The client's position is weaker than they believe.
- The client proposes a course of action likely to bring substantial adverse legal consequences to them or to others.
- A client with no experience in legal matters asks only for the strictly legal answer.
The steps
- Exercise independent professional judgment in representing the client.
- Give straightforward advice that expresses your honest assessment.
- Present the unpleasant facts and alternatives the client may be disinclined to confront.
- Sustain the client's morale and put the advice in as acceptable a form as honesty permits.
- Do not let the prospect that the advice will be unwelcome stop you from giving it.
- Give an honest opinion about the actual consequences that appear likely to result from the client's conduct.
- When a client inexperienced in legal matters asks only for technical advice, point out that more than strictly legal considerations may be involved.
- When the client proposes a course of action related to the representation that is likely to bring substantial adverse legal, moral or ethical consequences to the client or to others, speak up as your duty to communicate requires.
Safety rules that stop the station
- Never recommend the means by which a crime or fraud could be committed, or suggest how it could be concealed; presenting an analysis of the legal aspects of questionable conduct is allowed.
To pass
- The advice is the lawyer's honest, independent assessment.
- Unwelcome news is given clearly and with care for the client's morale.
- The likely consequences of the client's proposed conduct are explained.
Official source
Virginia Rules of Professional Conduct
Rules 2.1 and 1.2 of the Virginia Rules of Professional Conduct, with the official comments, published free by the Virginia State Bar.
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