The Atlanta Lawyer January/February 2011 | Page 19
state of the profession
Open communication between counsel and client can also serve
to dispel misconceptions the client may have either about the
process or the substantive legal rules which will govern his/her
fate. Explaining the process and the timing of the process to
the client can dispel unnecessary anxiety about the unknown.
Open communication can help to diminish a client’s unrealistic
expectations about what result is achievable. Open communication
with candid advice can help a client assimilate the seriousness of
his situation, the unpalatable (but realistic) options available to
him/her, and the likely outcome of the process.
client with his/her realistic options – the realistic choices he/she
has under the circumstances.
Each client, each case, is unique. No one rule fits all. However,
the guidance provided in the Rules of Professional Conduct and
the aspirational goals of A Lawyer’s Creed lay the foundation to
fulfill the role as “counselor.” Sound judgment, in addition to
technical competence, combined with open communication are
the essential traits of a “counselor.” Finally, a true “counselor”
should “strive to represent [a client] as [counsel] would want to
be represented.”
More often than not, there are many things a client can worry
about, but very few he/she can control. It is best to present the
HOW NOT TO BEHAVE: Perspectives
from Your Favorite Staff Attorneys1
E
veryday staff attorneys interact with members of the
Bar on a variety of matters, and by acting as the Judge’s
gatekeeper, they are afforded a bird’s eye view of unethical,
unprofessional behavior. Here are just a few examples:
♦ In a criminal case, a lawyer had submitted a conflict letter
to the trial court indicating that he was scheduled to appear
in a different court on another case. The prosecutor was
not happy the case had to be continued, so the trial court
contacted the other judge. The other judge stated that the
conflicting case was: (1) not on a calendar for that week,
(2) was not set on any calendar in the near future, and (3)
that court did not even have a trial calendar for the week
indicated.
o Moral: Sta