COUNSELOR


Rule 2.1  Advisor.
Rule 2.2.  Intermediary.
Rule 2.3.  Evaluation for use by third persons.

 

Rule 2.1  Advisor.
      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.

Rule 2.2.  Intermediary.
      (a) A lawyer may act as intermediary between clients if:
      (1) the lawyer consults with each client concerning the implications of the common representation, including the advantages and risks involved, and the effect on the attorney-client privileges, and obtains each client’s consent to the common representation;
      (2) the lawyer reasonably believes that the matter can be resolved on terms compatible with the client’s best interests, that each client will be able to make adequately informed decisions in the matter and that there is little risk of material prejudice to the interests of any of the clients if the contemplated resolution is unsuccessful; and
      (3) the lawyer reasonably believes that the common representation can be undertaken impartially and without improper effect on other responsibilities the lawyer has to any of the clients.
       (b) While acting as an intermediary, the lawyer shall consult with each client concerning the decisions to be made and the considerations relevant in making them, so that each client can make adequately informed decisions.
      (c) A lawyer shall withdraw as intermediary if any of the clients so requests, or if any of the conditions stated in paragraph       (a) is no longer satisfied.  Upon withdrawal, the lawyer shall not continue to represent any of the clients in the matter that was the subject of the intermediation.

Rule 2.3.  Evaluation for use by third persons.
      (a) A lawyer may undertake an evaluation of a matter affecting a client for the use of someone other than the client if
      (1) the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer’s relationship with the client; and
      (2) the client consents after consultation.
      (b) Except as disclosure is required in connection with a report of an evaluation, information relating to the evaluation is otherwise protected by Rule 1.6.
      (c) In reporting an evaluation the lawyer shall indicate any material limitations that were imposed on the scope of the inquiry or on the disclosure of information.