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#7780 Professor Bernard ADR

Model Rules Summary for ADR

I. Client-Lawyer Relationship a. MR 1.2 Ultimate authority in the case is the clients. The lawyer shall not make decisions about a settlement without the clients endorsement. b. MR 1.4 A lawyer shall keep the client informed about the status of her case. Any updates to her case should be promptly relayed and explained so that she may be able to make the best decisions possible. c. MR 1.5 Reasonable fees shall be explained, charged, and properly accounted for by diligent and accurate records kept. Certain fee arrangements are prohibited and therefore the records of fees are both for the protection of the client and the lawyer. d. MR 1.6 The lawyer must not reveal information regarding the clients case without express consent of the client. Safeguarding of client information is crucial to the client-lawyer relationship. e. MR 1.7, 1.8, 1.9 Vigilance for conflicts of interest shall be paramount in the relationship. These conflicts include, and are not limited to: personal, business, adversity of former clients. The onus is the lawyers, not the clients. f. MR 1.13 Representing an organization encompasses some of the same duties as representing an individual. Because organizations are vast, more care shall be taken by the lawyer. This allows applies if the organization is a government agency. E.g., D.A.s office Counselor a. MR 2.1 Lawyer as an advisor shall include other considerations besides the applicable law and such advice shall be candid. Advocate a. MR 3.3 Candor to the courts also applies to its subsidiary functions. This is especially important in court ordered mediation, arbitration, and negotiations. In ADR, a careful balancing should be applied between confidentiality and candor. Transactions with Persons Other Than Client a. MR.4.1 In dealings with those other than the client, a lawyer shall be mindful of duties to both the client and as officer of the courts. A misrepresentation can be a partial truth as well as omission or misleading statements. Estimates of value or price ARE NOT statements of fact in negotiations. b. MR 4.2 The lawyer shall not communicate with parties represented by counsel. Knowledge of a partys representation is that of a reasonable lawyer in similar circumstances. MR 1.0 Terminology. If necessary for clarity, definitions as they apply in MR. Comments for each specific rule to clarify any possible amibiguity.