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Posted: February 9th, 2023
Law Office Management
Attorney-client communications need to be protected. This is because it serves to create room whereby the client and the lawyer are able to speak freely so that the client gets to receive and the lawyer gets to offer proper legal representation. More so, protecting this kind of communication creates and enhances trust between the lawyer and the client, and as such, the client is able to reach a point where they can tell the attorney anything without fear to help with their case (Epstein, 2017). This way, the lawyer and the client are able to freely discuss strategy and all kinds of things that are private and require to be protected.
The factors that courts use when deciding whether a layperson has “practiced law” include:
• the moral character of the person
• knowledge about law matters
• the type of case
According to the Model Rules, “competent representation” needs the skill, legal knowledge, diligence and preparation sensibly necessary for the representation (Schneeman, 2016). As such, the attorney representing the client needs to have substantive knowledge about law, have the ability to properly prepare for the cases and be attentive to detail. These qualities go a long way in ensuring the client is properly represented.
Response
Post 1: Melissa Rodriguez
I am pleased to read your post as it is very interesting and enlightening. I agree with your response to the questions at it pertains to attorney-client communications. It is true that “attorney-client privilege” compels attorneys and clients from revealing confidential communication between them and thus fosters furnishing and obtaining of legal advice. I would also like to add that protecting attorney-client communications serves to create trust between them. This way, the client and attorney are able to speak freely and thus come up with strategies aimed at best helping the client.
References
Epstein, E. S. (2017). The Attorney-client Privilege and the Work-product Doctrine. American Bar Association.
Schneeman, A. (2016). Paralegal Ethics. Cengage Learning.
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