Best Tools For Lawyers?

The ABA Model Rules of Professional Conduct, including the ethical standards contained in Rule 5.1 [Duties Toward Persons Represented by Appointees] and Rule 1.3 [Diligence], provide a comprehensive and detailed framework for the conduct of legal practice. It is important to note that while these rules apply to all lawyers, they address only some aspects of lawyer conduct which are within the scope of their representation. Some other issues such as conflicts of interest or breaches of confidentiality are addressed elsewhere in this manual or in state law or regulation, but not here because they are outside the scope of this book.[2]

Rules 5.1(a) & (b) provides three different models for governing attorney-client relationships: direct client relationship; agency relationship; and retained professional service model (RPSM). The first model applies when an attorney has no special knowledge regarding his/her own matter, i.e., there is no “factual” information provided to him/her by an independent third party representing another individual who seeks advice from him/her regarding a personal problem unrelated to the factually related case being presented to them by that person’s real counsel. In contrast thereto, under RPSM where one individual represents two clients with regard to separate matters relating directly to each other arising out of common factual circumstances,[3] both parties must be informed about any potential conflicts between their respective interests so that they may take into account those

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