Legal Question in Civil Litigation in New York
representation
Is it unethical for a lawyer to represent a client if the lawyer knows that the client will probably loose the case?
4 Answers from Attorneys
Re: representation
Generally, no. A lawyer has an obligation to honestly assess a clients case and if there is no illegal purpose, allow the client to decide whether to proceed.
Re: representation
No, as long as the lawyer doesn't mislead the client.
Re: representation
While is not possible to address the specific facts of your situation since you have not indicated any, as a general matter, NO, if the reason that the client will probably lose the case has to do with the facts of the case.
It is, however, unethical for a lawyer (1) to handle a matter which the lawyer knows or should know that he/she is not competent to handle, without associating a laywer who is competent to handle it, (2) to handle a matter without adequate preparation, or (3) to neglect a legal matter entrusted to the lawyer.
Feel free to check our website at www.starrandstarr.com/faqs.htm for additional info. about civil litigation.
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Best regards,
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