Wednesday, October 11, 2017

Taking Pro Bono Cases: Three Ethical Issues

At the Proskauer firm’s blog, we learn about three ethical issues that a lawyer should consider in taking  on a pro bono case:

Scope of Representation. Who is your client, and what are the parameters of the work that you will be providing to your client? Equally important, what work will not be done on your client’s behalf? The New York Rules of Professional Conduct (the “Rules”) permit attorneys to provided “unbundled” or limited-scope legal services to clients, as a way of making at least some legal representation available to greater numbers of people who may need it.

Privilege and Confidentiality. Clients seeking pro bono legal assistance will often want family members or trusted advisors to attend their meetings with you. Before allowing any third party to sit in on a meeting, you must explain to your client that the attorney-client privilege might be waived

Clients with Diminished Capacity. One of the most difficult situations often encountered by lawyers providing pro bono legal services is dealing with clients with diminished capacity. Rule 1.14 counsels lawyers to maintain a conventional relationship with the client as far as reasonably possible.

For full explanations, please click here.


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