Apr 23, 2020

They Don’t Call Us “Counselor” For Nothing: Part Three of Three

Social Distancing

Part One discussed the role of a lawyer as counselor and the importance of sustaining a client’s morale, while Part Two dealt with balancing that morale with the ethical duty to provide candid advice.  Part Three will discuss the care and handling of clients when giving candid advice.  How does one best present the client with difficult, unpalatable alternatives? When deciding what advice to give, when to give it, and how to give it, counsel also has to assess the client’s personality.  This is where the theory underlying the Rules of Professional Conduct meets reality.  “The Rules of Professional Conduct… Read more

Apr 15, 2020

They Don’t Call Us “Counselor” For Nothing: Part Two of Three

Attorney/Client Conversation

In Part One, the importance of sustaining a client’s morale was discussed.  Sustaining morale becomes particularly difficult when rendering candid advice.  Part Two will discuss the balance between sustaining morale and rendering candid advice. Rule 2.1 of the Rules of Professional Conduct, in the part entitled “Counselor,” addresses “giving candid advice”: In representing a client, a lawyer shall exercise independent professional judgment and render candid advice.  A lawyer should not be deterred from giving candid advice by the prospect that the advice will be unpalatable to the client. The Comment following the Rule 2.1 reveals the delicate balance a “counselor”… Read more

Apr 9, 2020

They Don’t Call Us “Counselor” For Nothing: Part One of Three

Counselor helping clients

Greetings from the Smith, Gambrell & Russell Litigation Blog: During challenging times like these, everyone could use a trusted advisor. With this in mind, the SGR Litigation Blog presents a three-part post entitled “They Don’t Call Us ‘Counselor’ for Nothing.” We hope you enjoy this series, which examines how attorneys counsel their clients by doing more than just providing legal advice. They Don’t Call Us “Counselor” For Nothing: Part One of Three The title “counselor” is often applied to lawyers; however, it connotes far more than one who gives legal advice.[1]  We have ethical and professional responsibilities to “counsel” clients,… Read more