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Template talk:Professional responsibility

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Latest comment: 13 years ago by TheUnbeholden in topic Duty to Opponent & Duty of Agency

Zealous representation? What's that doing in the template?

[edit]

The ABA Model Rules never had a duty of zealous representation. (I know this because I had to review them recently when I got sworn into my second bar.) The Model Rules require only diligence and competence. The Model Code did have such a duty in Canon 7, but that duty was not carried over into the Model Rules for the specific reason that a lot of bad lawyers attempted to defend all kinds of corrupt, criminal, bizarre, insane or simply stupid actions by claiming that they were merely acting as zealous advocates on behalf of their clients! As no jurisdiction currently uses the Model Code, it seems strange to have that on the template. --Coolcaesar (talk) 09:02, 1 March 2010 (UTC)Reply

Okay, no one responded for a month. I fixed it. --Coolcaesar (talk) 00:56, 2 April 2010 (UTC)Reply

Duty to Opponent & Duty of Agency

[edit]

That is, in fairness to an opponent: not misleading, not dealing directly with the opponent’s client and not communicating with the Court, outside an ex parte application or a hearing of which the opponent has had proper notice, in the opponent’s absence. However it is not prohibit speaking to the opposing lawyer outside of working hours although that is frowned upon. And duty of agency is everything to do with the law of agency. The Unbeholden (talk) 11:57, 19 February 2013 (UTC)Reply