GOVT 325 LEGAL ETHICS Test 1

Question 1 20 out of 25 points According to Rule 2.3 (B) reads, “When the lawyer knows or reasonably should know that the evaluation is likely to affect the client's interests materially and adversely, the lawyer shall not provide the evaluation unless the client gives informed consent.” According to the comments give an example of when a matter will “likely affects the client’s interest materially and adversely”? Also, explain what is meant by “informed consent” and how can lawyer assure that any consent obtained from the client would be considered informed consent. In the answer include the biblical principles that supports protecting the client’s interest and not taking action that would adversely affect the client’s interest. Selected Answer: When the evaluation is intended for the information or use of a third person, a legal duty to that person may or may not arise. The lawyer must be satisfied as a matter of professional judgment that making the evaluation is compatible with other functions undertaken in behalf of the client. Information relating to an evaluation is protected by Rule 1.6, providing an evaluation to a third party poses no significant risk to the client; thus, the lawyer may be impliedly authorized to disclose information to carry out the representation. When a question concerning the legal situation of a client arises at the instance of the client’s financial auditor and the question is referred to the lawyer, the lawyer’s response may be made in accordance with procedures recognized in the legal profession. Attorneys should provide candid advice that is in the best interest of the client as instructed in Mark 12:30-31. The ABA believed that “consultation” did not adequately convey the requirement that the client receive full disclosure of the nature and implications of a lawyer’s conflict of interest. The ABA chose the term “informed consent” because it already has a fairly well accepted meaning in other contexts. Center for Professional Responsibility. Model Rules of Professional Conduct. Washington: American Bar Association, 2017. Response Feedback: Additional attention should be given to explaining informed consent and an example of when the client interest will be affected. Question 2 25 out of 25 points Chapter 2 addresses the rules that govern the lawyer’s conduct when acting as a counselor. List two rules from Chapter 1 that should also be taken into consideration by the lawyer when acting as a counselor and explain ...

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