Counsel cannot legally withhold information pertaining to their client’s case (Model, 1995). They have to inform them of any consequences that they are looking to face as well as keep them informed of the status of their case. This violates Rule 1.4 in Communication, by stating that legal consequences cannot be discussed between the Counsel and Shiners (Model, 1995). They have the right to communicate in client- lawyer privilege. The Counsel is obligated to inform their clients about any decision or circumstance that occurs within their case (Model, 1995). According to Rule 1.4, the lawyer should provide information in regards to how they plan to represent the client and successfully win their case. The lawyer must advise the client about any limitations that they may encounter while representing them (Model, 1995). Overall, this model rule shows that the lawyer must keep a certain level of communication. The client must be given details pertaining to their case and matters must be explained in a manner that allows for the Shiners to make informed decisions (Model, 1995).
Counsel does have a requirement to make progress in completing their client’s case. Rule 1.3 references that diligence that should be done with each case that a lawyer takes representing a client (Model, 1995). This rule states that a lawyer must be prompt and diligent in the work that they provide for their client. The Counsel will be in violation if they do not make progress in the case. The executive order that was given cannot demands that the Counsel not complete any case that they are representing, regardless if it is the Shiners. What do they intend for the Counsel to do? Act as if they are representing them, but don’t really represent them? The Counsel cannot charge any desirable fee that they feel. …show more content…
According to Rule 1.5 in regards to fees, a lawyer is not permitted to charge unreasonable fees (Model, 1995). There are several determining factors to certify that they fees being requested are reasonable; the time and labor that the legal representative has to put into the case, determining the likelihood of the counsel being able to work on other cases, local fees, results, any limitations that may be put in place, the details of the professional relationship between client and counsel, experience, reputation, fixed fees or contingent (Model, 1995). These are all factors that take part in determining the charges that the lawyer can present to their client. Rule 1.6 states that lawyers should not reveal information in relation to their clients, unless consent is given from the client (Model, 1995). The Counsel is required to keep attorney-client communications confidential, and are not permitted to discuss any of the matters related to the cause of action in any situation (Modelm 1995). There are circumstances that do permit the lawyer to reveal information in regards to their representation of a client. But in this case, they would not be allowed to just openly share their client’s information. Rule 1.7 does not condone that Counsel represent a client if the representation involves a concurrent conflict of interest (Model, 1995). Therefore, the Counsel would not be permitted to represent the state of Florida and a Shiner at the same time. That would be a conflict of interest, because the representation of Florida would directly affect the Counsel provided to the Shiners. The Counsel can’t have legal responsibilities to both clients. Counsel is not permitted to represent any adversely interested party of a Shiner, during or after Shiner representation. Rule 1.9 states that certain circumstances have to be met in order for this to be permissible (Model, 1995). The transaction and terms must be fair, reasonable, and in writing that can be understood by the lawyer (Model, 1995). The client must be able to give informed consent and must be allowed to enlist the advice of an independent legal counsel (Model,1995). Overall, Counsel is not allowed to take advantage of their clients. Lawyers have duties to their clients even after a case has concluded. According to Rule 1.9, Counsel is not permitted to represent a client and then turn around and represent another individual on the same charges or matter as a former client,
Counsel does have a requirement to make progress in completing their client’s case. Rule 1.3 references that diligence that should be done with each case that a lawyer takes representing a client (Model, 1995). This rule states that a lawyer must be prompt and diligent in the work that they provide for their client. The Counsel will be in violation if they do not make progress in the case. The executive order that was given cannot demands that the Counsel not complete any case that they are representing, regardless if it is the Shiners. What do they intend for the Counsel to do? Act as if they are representing them, but don’t really represent them? The Counsel cannot charge any desirable fee that they feel. …show more content…
According to Rule 1.5 in regards to fees, a lawyer is not permitted to charge unreasonable fees (Model, 1995). There are several determining factors to certify that they fees being requested are reasonable; the time and labor that the legal representative has to put into the case, determining the likelihood of the counsel being able to work on other cases, local fees, results, any limitations that may be put in place, the details of the professional relationship between client and counsel, experience, reputation, fixed fees or contingent (Model, 1995). These are all factors that take part in determining the charges that the lawyer can present to their client. Rule 1.6 states that lawyers should not reveal information in relation to their clients, unless consent is given from the client (Model, 1995). The Counsel is required to keep attorney-client communications confidential, and are not permitted to discuss any of the matters related to the cause of action in any situation (Modelm 1995). There are circumstances that do permit the lawyer to reveal information in regards to their representation of a client. But in this case, they would not be allowed to just openly share their client’s information. Rule 1.7 does not condone that Counsel represent a client if the representation involves a concurrent conflict of interest (Model, 1995). Therefore, the Counsel would not be permitted to represent the state of Florida and a Shiner at the same time. That would be a conflict of interest, because the representation of Florida would directly affect the Counsel provided to the Shiners. The Counsel can’t have legal responsibilities to both clients. Counsel is not permitted to represent any adversely interested party of a Shiner, during or after Shiner representation. Rule 1.9 states that certain circumstances have to be met in order for this to be permissible (Model, 1995). The transaction and terms must be fair, reasonable, and in writing that can be understood by the lawyer (Model, 1995). The client must be able to give informed consent and must be allowed to enlist the advice of an independent legal counsel (Model,1995). Overall, Counsel is not allowed to take advantage of their clients. Lawyers have duties to their clients even after a case has concluded. According to Rule 1.9, Counsel is not permitted to represent a client and then turn around and represent another individual on the same charges or matter as a former client,