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Rules of Conduct Tip #1

Apr 11th, 2005 | By | Category: Practice Notes

Be prepared! The Supreme Court is presently deliberating and will soon adopt new Rules (as compared to the present Code) of Professional Conduct. The Rules will present a signifiant change to the way we practice law. Most commentors focus on the Rules relating to client confidentiality or conflict of interest. However there are other changes which are equally significant relating to control authority and due diligence. Remember these five concepts: Due Diligence, Goal of Representation, Strategy, Tactics and Informed Consent .

1. DUE DILIGENCE will require that you give your client a written risk/benefit analysis of contemptated litigation strategy.

2. The Client is responsible for setting the overall GOAL OF REPRESENTATION.

3. Th Client and Counsel, after a due diligence risk/benefit analysis, jointly determine the STRATEGY that will be employed to accomplish the Goal of the representation

4. Counsel determines the TACTICS to be uswed to accomplish the Strategy.

5. INFORMED CONSENT requires that Due Diligence, Goal of Representation, Strategy and Tactics be reduced to writing.

If you would like to discuss the above, please call us.

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