Michael Sean Quinn, Ph.D, J.D., C.P.C.U., Etc.
2630 Exposition Blvd #115
Austin, Texas 78703
(o) 512-296-2594
(c) 512-656-9759
(Resumes found at
www.michaelseanquinn.com)
Comments: In the last Blog, I indicated that the next Blog would be the "Commandments" over again, but this time with some comments. Here they are. The reader should remember that this list and to some extend the comments are intended to be simplistic but quick and helpful guides. occasionally, I have had those at CLEs tell me that they have pined up to their walls. Obviously, I am greatly complemented by this. Of course, I am not suggesting that anyone really needs to do this. Most all of this most of you will already know these.
Many of these obligations also have foundations other than fiduciary duties. That one, however, fits lawyering, even if there are other justifications for lawyers.
I. You
are the client’s fiduciary.
Study its meaning. Two features: (1) Q: Whose interests come first, for
example? A: Clients! = “uberrima fides.” (2) Q. How
important is the client? A. Maximally!
This "commandment" is the foundation for at least nine of the other commandments
II A. Don't Steal the Client's Money
This commandment is the one that will cause disbarment more frequently than all of the others. It is also implied by Commandment X.
II B. Do
not gouge the client(s)—even
a little bit.
This rule requires that a lawyer not charge the client outrageous sums. It also requires that the lawyer not pad his hourly performances higher than reality.(Of course there are fees other than hourly charges, but principle is the same.)
III. Do
not lie (with one puzzling
exception, maybe).
A lawyer is forbidden to lie in connection with services rendered to a client in any way whatsoever. This means that a lawyer may not lie to his client, for his client, against his client, or about his client. (One wonders if the word "whatsoever" includes bargaining and negotiations. Many people think not.) Of course, lying a frequently a crime; it is often a breach of fiduciary duties; it is in addition a universally accepted moral obligation, at least prima facie.
IV.
Perform well
promptly. (Two commandments in one.)
Performing well means doing a good job or a reasonably good job. What counts as a good job. Courts require things to be done by certain dates. Client's have needs-including intense needs- for jobs to be performed.
Sometimes, the clients don't really need scheduled performance, but they become suspicious if they don't get it. It is often difficult to know, at least some of the time, what a client really needs from a temporal point of view. If schedules are not kept, clients begin to believe that the lawyer is not trustworthy. That c
V.
Serve vigorously
but silently,
Speak completely with clients, sometimes
“insistently,” and argumentatively. Do
not hold your peace. Never just tell the
client what s/he wants to hear.
Vigorous performance often means pursuing the clients interests aggressively. Often this involves insistane and/or cushing. Sometimes, that is not true. Sometimes vigorous advocacy includes protection therefore, vigor is sometimes achieved by putting things off--by delaying the dangers--or by sizzling the apparent vigor of an opponent. Sometimes deliberate ommissions, perform with client direction or consent are most fit section I.
VI. Don’t
do the crime, at all, ever.
Resist temptation of any sort.
Don't do it with the client; Don't do it for the client; Don't do it against the client. This rule includes al crimes except for very minor misdemeanors, such as a paring ticket or going 72 in a 70. (80 in a 75 is a boarder line case.)
VII.
Avoid
unnecessary duels. Always advise client: the unnecessary is almost always irrational.
The word "duel" here is intended to be a dramatic image of lawyer's representing two or more parties that have at least one conflict of interest. This is a bad idea quite often. It is always a bad idea unless the lawyer has the consent of all involved clients and it has been made sure that te clients understand what is at that point known to be involved. If what is involved changes over time, each client must be kept informed, and a client is really "informed" only if the client knows what is going on. Many believe independent counsel(s) must be used in order to make sure that the clients are informed. This is not absolutely necessary under all circumstances. The abilities of the clients, the talents of the lawyer, and the context in its various ways are all important. The commandment which prohibits dueling, obviously, applies to all of the professional activities of lawyers.
VIII. Invariably
exhibit civility.
Invariably a lawyer should exhibit civility under all circumstances. It can always be part of vigor—indeed, an
impressive and powerful component. Besides, lawyer honor demands it. It costs nothing. Civility should penetrate relationships with the client, relationships with cooperating lawyers, relationships with opposing counsel, and even relationships with disorderly clients who are pigs through and through.
IX. No
dirty clashes! C-IX is true even if
few actions bring more pleasure than bedeviling the devil.) Vigor not demand
dirt.
The idea of cheating here is clear enough. It includes some of the commandments already here, for example, section XXX which forbids lying. It forbids such conduct as hiding known evidence. It forbids deliberate false estimates of monetary value. The list goes on and on. Paradigm or worse example: Arrange to have opposing counsel for a crime he either did not commit or which you engineered.
X. Get
needed help.
This should be sought on a timely basis with respect to all activities all matters falling within the professional activities of lawyers. Usually, its relatively easy to obtain; its stimulating; and most lawyers enjoy teaching. It doesn't look like this section is required by section I. But if seeking the Right help from the right people makes a lawyer better for his client, isn't seeking help a fiduciary duty. Seek more than one lawyer from whom to seek help. Look or the extraordinarily knowledgeable. Then again, look at your law school friends who have specialized. For example, specialists in banking and/or bankruptcy, trust and/or antitrust, and so forth.
XI. Embrace,
receive, respond, and provide appropriate help.
There is nobility to be found here. There is no direct relationship to fiduciary duties. It is everyones self interest over time. It's like pro bono activity. It's a duty of respect for the legal system; its altruism; and--I think--it's a duty of most philosophical system (except that of Ayn Rand) and virtually all religions. In the end, there may be a connection to fiduciary duties: Guess how. Moreover, there is a subtlity. Rendering help to other lawyers--even mentorship--is good for business and a way for you to learn more or learn deeper.
