NCJ Number
61275
Journal
Pacific Law Journal Volume: 10 Issue: 1 Dated: (JANUARY 1979) Pages: 69-93
Date Published
1979
Length
25 pages
Annotation
THE CODE OF PROFESSIONAL RESPONSIBILITY CAN HELP RESOLVE PSYCHOLOGICAL AND EMOTIONAL CONFLICTS AT DIFFERENT STAGES IN THE LAWYER-CLIENT RELATIONSHIP.
Abstract
PSYCHOLOGICAL AND EMOTIONAL CONFLICTS CAN ARISE WHEN A LAWYER DECIDES TO REPRESENT A CLIENT, TO DISCUSS FEES, INTERVIEW, AND BUILD UP A CASE. LAWYERS MAY ALSO EXPERIENCE CONFLICTS IN ADVISING THEIR CLIENTS ON ALTERNATIVE COURSES OF ACTION, DECIDING WHICH ACTIONS TO TAKE, AND REACTING TO THE OUTCOME OF A CASE. A CLASSIFICATION SCHEME IS PRESENTED OF HOW PSYCHOLOGICAL AND ETHICAL DILEMMAS INTERRELATE, BASED ON THE AMERICAN BAR ASSOCIATION CODE OF PROFESSIONAL RESPONSIBILITY AND THE PSYCHOLOGICAL TAXONOMY OF ANDREW WATSON, LAW PROFESSOR AND PSYCHIATRIST. THE SCHEME HELPS LAWYERS IDENTIFY EMOTIONAL CONFLICTS THAT MAY EXIST; THE CODE HELPS THEM TO NEUTRALIZE OR RESOLVE CONFLICTS BY ENCOURAGING RESPONSIBLE PROFESSIONAL CONDUCT. FOR EXAMPLE, LAWYERS MAY BE IN CONFLICT BETWEEN A BELIEF IN THE CLIENT'S RIGHT OF REPRESENTATION AND THEIR OWN RELUCTANCE TO ACCEPT A PARTICULAR CASE OR CLIENT. THE CODE HELPS LAWYERS RESOLVE THESE CONFLICTS BY PERMITTING THEM TO DECLINE REPRESENTATION UNDER CERTAIN CONDITIONS WHILE URGING THEM TO TAKE NONFRIVOLOUS CASES IF THEY CAN HANDLE THEM. BY SUGGESTING THAT LAWYERS NOT DECLINE CASES LIGHTLY, THE CODE ALSO HELPS THEM FIND REASONS FOR THEIR NEGATIVE JUDGEMENTS. OTHER CONFLICTS DISCUSSED IN THIS ARTICLE RELATE TO THE LAWYER'S NEED FOR RECOGNITION AND SELF-AGGRANDIZEMENT, FEELINGS OF PSYCHOLOGICAL RESPONSIBILITY FOR THE CLIENT'S MORAL STATUS, AND CONCERNS ABOUT FEES, COMPETENCE, CLIENT REJECTION OF ADVICE, AND CASE OUTCOME. FOOTNOTES ARE PROVIDED. (AOP)