Different Roles of the Lawyer
This chapter covers a lawyer's duties in roles beyond litigator: advisor, evaluator, negotiator, and third-party neutral, and the special responsibilities of prosecutors.
Advisor, Evaluator, and Neutral
Under Model Rule 2.1, as advisor a lawyer must exercise independent professional judgment and give candid advice, which may include moral, economic, and social factors, not just law. Under Model Rule 2.3, a lawyer may provide an evaluation for a third party if compatible with duties to the client. Under Model Rule 2.4, a lawyer serving as a third-party neutral (such as a mediator or arbitrator) is not representing the parties and must make clear to unrepresented parties that the lawyer is not their lawyer.
Special Duties of a Prosecutor
Under Model Rule 3.8, a prosecutor has heightened duties: to refrain from prosecuting a charge the prosecutor knows is not supported by probable cause, to make timely disclosure of evidence tending to negate guilt or mitigate the offense, to protect the accused's right to counsel, and to take remedial steps on learning of new, credible evidence that a convicted defendant is likely innocent. The prosecutor's role is to seek justice, not merely to convict.