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Moral Breach - Considering Your View

Been the victim of Legal Malpractice? Discuss it here.

Ethical Violation - Interested In Your Opinion

Postby Spear » Fri Apr 25, 2014 7:22 pm

Based on what you've posted, I wouldn't call it an ethical violation. He's doing what his clients paid him to do: defend them.
Spear
 
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Ethical Violation - Interested In Your Opinion

Postby Ryon » Sun Apr 27, 2014 9:22 pm

"After taking a look at the info and realizing that the customer is within the incorrect and it is not prepared to negotiate, would you:1) Inform your customer you will no more protect her or him since the regulation doesn't help their actions."most likely not. I've yet to experience a scenario by which my customer did not at-least possess a colorable argument. I've had an incident once where I had been protecting a customer in an incident where the plaintiff's claim was questionable. Nevertheless, (a) my customer was a super company, (t) however sensible the customer's place was, the positioning made it appear super-selfish, and (d) the customer's key witness stated something truly silly a maximum of an hour or so into his deposit. We undoubtedly recommended negotiation at that time since the vessel was going, but many of these facets did not eliminate that my customer had a colorable placement that I had been destined by another moral principle to recommend zealously."OR2) Choose that consequently of one's customer attempting to continue, you're likely to believe nothing of the cost, tension, or financial problems your customer has caused about the other occasion. You're simply likely to create up a protection you know does not have any legitimate foundation using the purpose of merely irritating another side and making them to carry on to invest money within the trust that they can ultimately have to shed their case against your client."If my customer's directions are to continue using the lawsuit, that's what I'm WORK-BOUND to complete so long as I've a colorable argument to create. It's fundamentally the customer's choice whether to continue with lawsuit, with no matter how much I recommend for negotiation, I can't create the best choice. When the customer really wants to continue spending money, thatis his decision."if you're not prepared to acknowledge that strategy 2) is often utilized, then you definitely are possibly not really a lawyer or are not really truthful with yourself."I send that I've much more understanding than you by what is and is not frequent practice among attorneys, also it merely is not accurate that it's "typical" for attorneys to "create up a protection that [the attorney] understand does not have any authorized basis." if you were to think thatis the situation, then you definitely are merely incorrect, and that I wish you will not generalize about all or Many attorneys centered on your remote experience."I'd not a problem receiving my lawyer (who's among the truthful people) to acknowledge this to be always a common strategy utilized in your profession."I am aware that itis more straightforward to suppose heis correct since thatis what you would like to think, but could it be really sensible to consider that almost all of individuals IN JUST ABOUT ANY occupation are damaged?When The only objective within your posting listed here is party on attorneys since you had an unfortunate encounter, then youare wasting everybodyis time.
Ryon
 
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Ethical Violation - Interested In Your Opinion

Postby Macario » Fri May 09, 2014 3:43 pm

So you believe the role of an attorney is just to win? So if I pay an attorney for legal ADVICE, and he/she tells me that my actions are defensable in a court of law (but doesn't base this on legal precedent) and as a result, instead of settling a matter for relatively little money, I go to trial and lose much more money and pay much more in legal expenses because I was not advised to settle, you are OK with that? It seems like this is baiting a client into running up a very large bill with your law firm.I guess I'm asking what it ethical, not what is the common practice among attorneys in our country.
I think the problem is that advising a client to settle sometimes isn't very good for business if you're an attorney.
Macario
 
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Ethical Violation - Interested In Your Opinion

Postby Emmot » Thu May 29, 2014 6:23 pm

"the only real solution we are able to provide is perhaps. It'd just be someones opinion, that will be no further or less useful than somebody elses opinion, when the lawyer hasn't be discovered by anybody in expert to possess broken the canon of ethics."I believe opinion is what many people are searching for out of this forum. Do not you believe? Additionally, I believe "opinion" was within the Topic Type Of my article...
Emmot
 
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Ethical Violation - Interested In Your Opinion

Postby Gaston » Sun Jun 22, 2014 3:21 am

"which means you think the part of a lawyer is simply to get?"I can not talk for that additional individual who replied, however the stage is the fact that your article does not force the final outcome the attorney under consideration broke the cannon of integrity. Therefore your obvious leap towards the finish that another responder is promoting dishonest conduct by attorneys is unwarranted."easily spend a lawyer for LEGAL COUNSEL, and he or she informs me that my steps are defensable in a courtroom of regulation (but does not base this on appropriate precedent) and consequently, in the place of deciding an issue for fairly small cash, I visit test and shed a lot more money and spend a lot more in authorized costs since I had been not recommended to stay, you're okay with that?"the thing is that your article is obscure (and possibly fundamentally so). What does "does not base this on appropriate precedent" suggest? Possibly all the actual problems are problems of reality and never problems of regulation. POSSIBLY that, under these conditions, the attorney has determined negligence, but itis not fundamentally so."It appears like this really is baiting a customer into operating up an extremely big statement together with your regulation firm."Notice that another responder doesn't claim to be always a lawyer."I imagine I am wondering what it moral, not what's the most popular training among lawyers within our country."Think it or not, the "typical training among lawyers within our nation" would be to stick firmly towards the relevant ethical rules."I believe the thing is that informing a customer to stay occasionally isn't excellent for business if you should be an attorney."you would be astonished at (a) how incorrect you're (the term of mouth that's purchased with great, traditional, lawsuit-preventing guidance is invaluable), and (w) how much more typical it's for that customer to wish to continue within the experience of guidance to stay than it's to get a lawyer to not recommend negotiation when that's the very best option.
Gaston
 
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