Rules of Professional Responsibility 1.17

[35] Counsel for a company or other organization who is also a member of the board of directors should consider whether the responsibilities of the two roles may conflict. The lawyer may be responsible for advising the company on matters concerning the actions of directors. Consideration should be given to the frequency with which such situations may occur, the potential intensity of the conflict, the impact of the lawyer`s resignation from the board of directors, and the possibility that the company may seek legal advice from another lawyer in such situations. If there is a significant risk that the dual role will compromise the lawyer`s independence from professional judgment, the lawyer should not act as a director or cease to act as counsel to the firm in the event of a conflict of interest. The lawyer must warn the other members of the board that, in certain circumstances, matters discussed at board meetings while the lawyer is present in his or her capacity as a director may not be protected by solicitor-client privilege and that conflicts of interest may require the rejection of the lawyer as a director or force the lawyer and the law firm to represent the corporation in a matter. Reject. [4] Point (c) expresses a general principle of personal responsibility for the actions of others. See also rule 8.4 (a) of these rules of procedure. [5] Paragraph (c)(2) defines the duties of a partner or other lawyer with comparable administrative powers in a law firm and a lawyer who directly supervises the provision of certain legal activities by another lawyer.

Whether a lawyer has such a power of review in certain circumstances is a question of fact. Partners and lawyers with similar powers assume at least indirect responsibility for the entire work of the firm, while a partner or manager in charge of a particular case usually also has the responsibility of supervising the work of other lawyers in the law firm handling the case. Appropriate redress by a partner or managing lawyer would depend on the immediacy of that lawyer`s intervention and the seriousness of the misconduct. A supervisor is required to intervene to prevent the avoidable consequences of misconduct if he or she knows that the misconduct has occurred. Thus, if a supervising lawyer knows that a subordinate has made false statements to a counterparty during negotiations, both the supervisor and the subordinate are required to correct the resulting misunderstanding. Knowledge by a lawyer of the conduct referred to in point (c)(2) means knowledge of the circumstances which make that conduct an offence. [1] A lawyer is not normally obliged to accept a client whose character or concern he or she finds repugnant. However, the lawyer`s freedom in choosing clients is limited. All lawyers have a responsibility to help provide pro bono advertising services. See rule 6.1 of these Rules of Procedure.

A single lawyer fulfills this responsibility by accepting a fair share of unpopular cases or destitute or unpopular clients. A lawyer may also be appointed by a court to help unpopular clients or people who cannot afford legal services. [3] Perhaps no professional deficiency is more dismissed than procrastination. A client`s interests can often be affected by the passage of time or changes in terms; In extreme cases, for example when a lawyer neglects a limitation period, the client`s legal position may be destroyed. Even if the client`s interests are not substantially affected, undue delay can cause unnecessary anxiety to the client and undermine confidence in the lawyer`s trustworthiness. However, a lawyer`s obligation to act with reasonable promptness does not preclude the lawyer from accepting an appropriate request for deferral that is not prejudicial to the lawyer`s client. [7] A lawyer who accepts assignments or recommendations from a legal service plan or recommendations from a legal investment service must act appropriately to ensure that the activities of the plan or service are consistent with the lawyer`s professional obligations. See rule 5.3 of these Rules of Procedure. Legal service plans and legal investment services may communicate with potential clients, but such communication must comply with these rules. Therefore, the advertisement must not be false or misleading, as would be the case if the disclosure of a group advertising program or group legal advice plan led potential clients to believe that it is a legal investment service sponsored by a public authority or a law society.

Nor was counsel allowed to authorize personal or real-time telephone contacts that would violate Rule 7.3 of those Rules. [4] In all professional functions, a lawyer must be competent, prompt and conscientious.