IN THE PROFESSION handle the matter together .
Lawyer ’ s Supervisory Duties
Under ABA Model Rule 5.33 the lawyer is responsible for assuring that the translator or interpreter provides the services in a matter compatible with the lawyer ’ s ethical obligations , including the duty of confidentiality . The lawyer must provide specific directions and instructions to the interpreter or translator about these ethical duties .
Cultural Considerations
Aside from a possible language barrier , the lawyer must be aware of cultural and social differences that may impact the communication with the client , including the client ’ s understanding of the legal advice , the issues and other related aspects of the case . In this regard , the lawyer must : ( i ) identify possible cultural and social differences ; ( ii ) seek to understand their impact ; ( iii ) analyze the effect of any implicit bias ; ( iv ) adjust the questions to obtain the information needed from the client ; ( v ) explain the issues to the client in several different ways to assure there is no cultural miscommunication ; ( vi ) allow for additional time to assure proper and effective communication was accurate and complete ; and ( vii ) conduct additional research or inquire others with experience in this area to ensure effective communication and mutual understanding with the client .
Conclusion
While the grounds and the rationale for the Opinion are legitimate and necessary to guarantee the proper representation of the client , the issuance of the specific pronouncement in this area may have a chilling effect on these individuals ’ access to legal representation . Instead of assuring compliance under the Opinion , which requires the analysis of various alternatives , as opposed to following a specific road map , some practitioners may decide to avoid representing these clients altogether to avoid any potential ethical issues in the future . Finding legal representation for some individuals in this country is a difficult task . Potentially limiting the pool of attorneys to represent them may have the unintended consequence of limiting their access to justice even further . __________________________________
1Rule 1.1 provides : “ A lawyer shall provide competent representation to a client . Competent representation requires the legal knowledge , skill , thoroughness and preparation reasonably necessary for the representation .” 2Rule 14 . provides : “( a ) A lawyer shall : ( 1 ) promptly inform the client of any decision or circumstance with respect to which the client ' s informed consent , as defined in Rule 1.0 ( e ), is required by these Rules ; ( 2 ) reasonably consult with the client about the means by which the client ' s objectives are to be accomplished ; ( 3 ) keep the client reasonably informed about the status of the matter ; ( 4 ) promptly comply with reasonable requests for information ; and ( 5 ) consult with the client about any relevant limitation on the lawyer ' s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law . ( b ) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation .” 3Rule 5.3 provides : “ With respect to a nonlawyer employed or retained by or associated with a lawyer : ( a ) a partner , and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person ' s conduct is compatible with the professional obligations of the lawyer ; ( b ) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person ' s conduct is compatible with the professional obligations of the lawyer ; and ( c ) a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if : ( 1 ) the lawyer orders or , with the knowledge of the specific conduct , ratifies the conduct involved ; or ( 2 ) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed , or has direct supervisory authority over the person , and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable
remedial action .
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