There are serious professional obligations that are at stake when an attorney represents a client in the process of a case. Ethical issues are never far removed from the practice of law as two parties debate the merits of their claims, regardless of their legitimacy.

Yet it is when a lawyer is presented with a quandary that places them in a difficult situation where the regular boundaries are pushed to their limits. This raises many questions with the foremost being: how fan does the attorney-client privilege extend and what are the breaking points in which action has to be taken?

Needless to say that attorneys will not be receiving any sympathy when they are found in these scenarios because they are entirely voluntary. However, it is important to note some of the situations that these experts find themselves in.

Divulging of Private Information Publically

In the age of smartphones and social media, the freedom and accessibility of communication tools has made the process of concealing and privatizing information incredibly difficult. Even in the events following a consultation whereby an attorney will communicate in crystal clear detail that their client should avoid all use of social media and breaching confidentiality, there are instances whereby a statement will be made in some shape or form that can compromise a case.

The question then arises as to what limits an attorney can impose control on their client in these scenarios because, in spite of the stakes involved in a case, there are individual rights at play simultaneously.

Withholding Information

There is a problem that arises for attorneys that happens to be the opposite of divulging of privileged and sensitive information by clients. Despite being told during meetings and consultations that they need to disclose all facts of the case to make the defense or prosecution process move more efficiently, some decide to withhold vital information. Whether they believe it would compromise their situation or simply overlook it as an important asset, attorneys are only as good as the information in which they are equipped with.

Client Committing Perjury

It is against the law for an attorney to knowingly have a client lie under oath. This is considered a criminal act and an ethical violation of the highest order. If this occurs in spite of the council that is given, then the representative is advised to inform the council about the perjury. Different states have unique rules in these scenarios to muddy the waters.

We all find ourselves in situations where we ponder the boundaries between the law and the actions of others or our own. From banking through an independent or overseas provider to selling through a third party, there are legal minefields waiting out there for attorneys to pounce on if given the right opportunity.

So is there the possibility to have an informal consultation or just a casual chat to a professional lawyer to test the grounds? Attorneys off the clock could be friendly and approachable on one hand or incredibly tetchy and dogmatic about their expertize.

The Transition

Should you be enquiring about free legal advice, then one would assume that a pre-existing relationship would have been established between the attorney and yourself. Casual conversations between friends or family members is acceptable in the event that it does not involve current legal cases or sensitive material.

The moment an agreement is signed or a financial transaction is formed, then all of a sudden that relationship changes from a friend/family member to an attorney-client relationship. Both parties are then bound by that agreement, beginning a process that is fraught with ethical complexities.

Liability

Attorneys that are found to be conducting casual legal advice can be committing malpractice in the eyes of the law. This is particularly the scenario when clients act on that advice in a case and that interaction is then cited as per the process. In a majority of situations where lawyers act to protect themselves, they are best served referring onto colleagues or firms that have experience in a field that they require representation in.

Summary

Within the legal fraternity, attorneys are advised to avoid giving their expertize under almost all conditions. Even in that casual “let’s grab a second opinion” scenario where one individual is merely seeking some clarification, the waters become too muddied to follow through in good consciousness.

Yet there are many shades of grey that constitute what advice actually constitutes and the context in which that is given. A stop by on the street or a 2-minute chat over a barbeque is in stark contrast to an in-office consultation, or lengthy email thread or phone call.

They are important distinctions to make but if you happen to be in doubt, then free legal advice is a concept that does really exist for the average citizen. Even in the event that such an agreement is verbalized, any string that is attached is something that can return in the days, weeks, months or years later.

Attorneys are not a class of people who enjoy a stellar reputation. In many cases this is something that is undeserved with thousands of dedicated men and women working in the best interests of their client and to uphold justice.

Yet there are others that blur the lines of morality whilst racking up an enormous bill and enriching themselves off the back of someone else’s suffering. Needless to say that lawyers can utilize some good PR at any given opportunity.

So what personality aspects of an attorney operate as a positive for their client? Should they be empathetic, energetic or completely devoid of emotion? Here we will discuss the best personality traits that your attorney should possess when they represent you.

Problem Solver

The best practitioner will be able to think on their feet and exercise a strong degree of judgment. Problems, hurdles and setbacks are part and parcel of the business and it is those experts who can solve problems with ease and efficiency that are worth the investment from the point of view of the client. Should a piece of evidence become invalid or the opposition introduce a new witness to proceedings, then the attorney should have the cunning to identify an opportunity and exploit it.

Research and Analytics

Solving problems is an exercise that cannot be achieved on a whim. There has to be research on data, testimony and anything else that will prove to be prevalent to the case in question. The trick then for the attorney is to absorb all of the information possible and surgically evaluate and distill what types of information will be required.

There won’t always be a textbook available that will provide the answers. Attorneys who are masters at research will head out into the field and exploit their own contacts to locate information that the opposition won’t see coming. This is where strong cases are built.

Communication

This is arguably the most underrated characteristic regarding on professional in any niche of business. Communication should act as the backbone of any agency because an attorney’s ability to inform their clientele and articulate to a court the case they are arguing is the most important gauge for success. Those attorneys who struggle to communicate often leave important details to the side as neither the lawyer nor the client has a complete grasp of the situation, objectives or ramifications should a case not fall in their favor.

Depending on your background and taste for a healthy debate, attorneys can make for excellent arguers. Whether it is in a court of law or simply taking council with their client, qualified lawyers have been taught the art of the convincing others regardless of the circumstances or even the facts in some cases.

This is also known as the “gift of the gab” in regular circles. Some people happen to make a healthy career out of that gift.

So how does this play out in real life? Is there a handbook on the do’s and don’ts of linguistic mastery within the legal profession?

Truth be told, there are tricks of the trade that attorneys will tap into as they attempt to persuade a judge and jury of their client’s rights or innocence. That is the whole truth.

Keeping Time In Mind

Legal experts will teach their students a number of techniques throughout their career, but one of the most important elements that goes beyond content is the style and presentation of delivery. This speaks to the inflection of certain words, including pauses for vital moments of consideration for the jury and timing of the arguments.

A summary should not venture beyond 20 minutes. Any shorter and it will either presume innocence or illustrate that the defense has a lack of confidence. Likewise, a summary that reaches beyond that timeframe will inform a judge and jury of a lack of clarity throughout a case.

Open, Comparative Speech

Whereas philosophers might convince the general public greater than attorneys who are viewed skeptically by many, the best debaters will try to break down the cynics by being open and transparent in their speech. They will not hide from the facts that hurt their case, but rather attempt to put them into context against the facts that do fall in their favor. There will also be an ability to speak comparatively about the weaknesses and doubts over credibility for those opposing side of the bench, whether they be in the defense or prosecution.

Facts Combined With Inferences

The best attorneys will continue a common theme and thread throughout their line of argument. This will not waiver at any moment and begin with the opening statement and end with the concluding statement. To achieve this target, they will blur the line between hardened and proven facts with inferences that are likely to be true, but have not been proved in a court of law. The facts will work as the backbone of the case but should there be testimony or a claim in an attorney’s favor, then that should be included on a regular basis.