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Court & LawWeigh the practical, non-legal factors

Winning in court may cost more than the dispute is worth, or hurt people the client cares about. You bring cost, effects on others and the moral, economic, social and political factors into the advice, and recommend another professional when the problem calls for one. It follows Rule 2.1 of the Virginia Rules of Professional Conduct and its comments, with Rule 1.2 on the means.

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Scenarios

  • A family matter where the legal fight would hurt the relationships involved.
  • A business dispute where the costs and the financial questions weigh more than the legal ones.
  • Experts give the client conflicting recommendations.

The steps

  1. Refer not only to the law but to the moral, economic, social and political factors that may be relevant to the client's situation.
  2. Where practical considerations such as cost or effects on other people are predominant, do not limit the advice to narrowly legal terms.
  3. Take into account the relational or emotional factors driving the dispute.
  4. Refer to the relevant moral and ethical considerations, which may decisively influence how the law will be applied.
  5. On the means, defer to the client on the expense to be incurred and on the concern for third persons who might be adversely affected.
  6. When the matter is in the domain of another profession, such as psychology, social work, accounting or finance, recommend consulting that professional when a competent lawyer would.
  7. When experts disagree, recommend a course of action.

To pass

  • The advice covers the cost and the effects on other people, not only the law.
  • Relational, emotional, moral and economic factors are part of the recommendation.
  • Another professional is recommended when the problem calls for one.

Official source

Virginia State Bar · Rules 2.1 and 1.2

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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