Chapter 8 of 124–10% of exam

Different Roles of the Lawyer

Lawyers advise, evaluate, negotiate, serve as neutrals, prosecute, lobby, and represent organizations, and each role changes the rules.

Advisors, evaluators, and neutrals

Rule 2.1 allows advice that addresses moral, economic, social, and political factors. Rule 2.3 requires client consent before an evaluation for a third person that is likely to harm the client. Rule 2.4 requires a lawyer-neutral to tell unrepresented parties that the lawyer does not represent them.

Prosecutors and organizations

Rule 3.8 requires prosecutors to have probable cause, to disclose evidence tending to negate guilt, and to act on new evidence of a wrongful conviction. Rule 1.13 makes the organization the client, requires reporting up when a constituent's illegal act threatens substantial injury, and permits reporting out only in narrow cases. The study guide covers each role in its own section.

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