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?


Asked on 3/29/07, 3:02 pm

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.

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Answered on 3/29/07, 3:14 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: representation

No, as long as the lawyer doesn't mislead the client.

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Answered on 3/29/07, 3:20 pm
Stephen Starr Starr & Starr, PLLC

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.

Nothing in this response to your posting on Law Guru is intended or should be considered as legal advice to your specific situation. Our posting is intended to provided general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

Best regards,

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Answered on 3/29/07, 3:23 pm


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