Ethics opinions do not have the force of law. They will not offer a complete defense to a charge of ethical impropriety. The State Bar of Michigan Board of Commissioners has also adopted Role of Nonlawyers in Law Practice: Guidelines for the Utilization of Legal Assistant (Guidelines). The legal assistant must neither convey to persons outside of the law firm a legal opinion nor discuss the legal effects, rights, responsibilities or obligations regarding the outside person’s particular legal matter. The legal assistant may not appear on behalf of another person or entity in legal proceedings in court or as part of discovery unless permitted by law. Guideline 2, Guidelines, supra. But if you keep the following two principles in mind, you can’t go far wrong. Even the most basic testing program will provide insight into your marketing effectiveness, and common sense will guide you in creating such a program.
Ottawa Homes For Sale Flipping Ottawa Homes for Sale If you want to maximize your profits off of an Ottawa real estate property, then the way to do it is to flip properties by finding a great Ottawa home for sale. The client-lawyer privilege applies in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. Generally, the information that a client provides in the course of representation should be maintained in confidence unless the client authorizes disclosure or disclosure is permitted or mandated under the ethical rules or requirement of the court. Looking at the lawyer-client privilege in the context of the laws of evidence, courts have held that the communications covered by the attorney-client privilege survive the death of the client. Or in other words, how heavily will you depend on your marketing program from day one?
If a legal assistant meets with a prospective client and that prospective client provides confidential information to the legal assistant, a duty that is binding on the lawyer to maintain the confidences imparted arises. It is a better practice to be overprotective of a confidence imparted. The Committee also issues formal opinions, denoted “R” for matters that have wide reaching interest to the entire bar. Veteran lawyer, for example, get business from non-marketing sources such as referrals. But new lawyers, who don’t yet have any referrals coming in, usually have to rely more heavily on proactive marketing techniques. The statute itself does not identify the kinds of conduct that will be considered the unauthorized practice of law. The case law has helped shape the definition of what is the practice of law. The Bankruptcy Court for the Eastern District of Michigan in In re Pinkins, 213 B.R.
The lawyer must evaluate the scope of the representation, any limitations to be imposed, and actual or potential conflicts. These tasks are non-delegable. The Comment to Guideline 3 notes that legal assistants “may play a valuable role by participating in initial client interviews, gathering background information from the client and others, preparing initial drafts of fee agreements, and performing other tasks incidental to establishment of the lawyer-client relationship. It can be tempting to “reverse engineer” your budget by shopping around for marketing services, and then setting your budget around those services. But this is financially backward. Before moving on to the other items on this list, be sure you have a general number on paper — how much you can afford to spend on marketing over a year’s time. Since you will be paying a mortgage on the home, time is of the essence.
It is our general nature to be helpful to those that seek our help. As lawyers, paralegals, legal assistants and legal secretaries, in representing this client, we must operate in a manner that upholds the ethical obligations that govern the practice of law. So if you start with these things when creating your marketing plan — cost, immediacy, audience, mix and testing — then you’ll be off to a great start. Copyright 2007, Brandon Cornett. Most Famous Wills Of All Time Wills are one of the most interesting documents in the history of mankind. The client is thereby encouraged to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter. There are two related bodies of law that deal with the principles of confidentiality. Joint representation, say of co-personal representatives, in addition to the complexity of potential conflict of interest, poses unique issues for handling confidential information.