Write down one or two sentences for each of the following questions:
1) Would you crush a close friend to win a lawsuit?
No, because the essence of winning a lawsuit encompasses an inherent duty of a lawyer not only towards the court, its client, the public, but also to his colleagues in the profession as well. In the film, I think it was demonstrated by Alan Shore (Associate), as portrayed by James Spader, his moral duty to safeguard the best interest of their relationship not only as a firm but as colleagues in the profession as well. I think also it was just a creation of impression towards the public that their firm does not abandon those who have no legal counsel to represent for them in a case, even though Denny Cranes, as portrayed by William Shatner, actuations were caught in a serious legal issue to deal with in the firm. 2) In a nutshell, what is the nature of the relationship between a lawyer and client? The nature is a privilege communication and for that privilege to be raised a lawyer-client relationship must exist. It is a kind of consultancy relationship with a prospective client. In the film, there was a lawyer-client relationship when the plaintiff brought a lawyer with him to their firm to seek reparation or settlement but unluckily the lawyer withdrawn its service for him. The second where Alan Shore assumed that he will stand as the plaintiffs lawyer I think was not a firmed, clear decision for him to stand as a lawyer for the plaintiff as the plaintiff was just remunerated by a sum of money for him not to pursue his case against Denny Crane for direct assault. In the case of MA. LUISA HADJULA vs. ATTY. ROCELES F. MADIANDA, A.C. No. 6711, July 3, 2007, the Supreme Court expounded that a lawyer-client relationship was established from the very first moment complainant asked respondent for legal advice regarding the formers business. To constitute professional employment, it is not essential that the client employed the attorney professionally on any previous occasion. It is not necessary that any retainer be paid, promised, or charged; neither is it material that the attorney consulted did not afterward handle the case for which his service had been sought. If a person, in respect to business affairs or troubles of any kind, consults a lawyer with a view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces with the consultation, then the
professional employments is established. Likewise, a lawyer-client
relationship exists notwithstanding the close personal relationship between the lawyer and the complainant or the non-payment of the formers fees. In the film, the second occurrence of lawyer-client relationship did not materialize as the client himself did not sought legal advice to Alan Shore. Hence, it was just their tactic.
3) What does it take to be an ethical lawyer?
An ethical lawyer generally must comply with the formal disciplinary rules in legal ethics which is the embodiment of all principles of morality and refinement that governs the conduct of every member of the bar; act ethically in his work, even when he isn't required to do so by any rule; and to live an ethical life or live a well-balanced life.