Rule 2.1 Advisor (Candor in Counseling!!)
In representing a client, a lawyer shall exercise "independent professional judgment" and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client's situation.
Legal advice is often unpleasant, a lawyer should NOT be deterred by the prospect that advice will be unpalatable
Lawyers are seldom disciplined for violations of 2.1
Lawyer may agree to be held to higher standards by signing a contract (1.5 "reasonable fees" might be made more explicit via a contract or 1.4 keeping a client "reasonably informed" might mean having to send client a weekly update if agreed upon in a contract)
Under certain conditions, a lawyer may contract to lower the expectations on the lawyer below those that the ethical rules impose in exchange for an agreement the fee charged will be discounted
- Rule 1.2(c) allows a lawyer to "limit the
- scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent."
- ***this is different than a lawyer limiting his scope of liability for malpractive via a waiver
- -A lawyer is barred from making "an agreement prospectively limiting the lawyer's liability for malpractice….unless the client is independently represented in making the
Such limitations could result in impermissible conflict of interest.