GOVT325 Notes
Module 1
Client-Lawyer Relationship
Rule 1.1: Competence
Rule 1.3: Diligence
Rule 1.1: "A lawyer shall provide competent representation to a client. Competent representation
requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the
representation."
Rule 1.3: "A lawyer shall act with reasonable diligence and promptness in representing a client."
2 Corinthians 3:5, 2 Timothy 2:15, Proverbs 10:4, Proverbs 21:5, Romans 12:8
Buck Jacobs:
oExcellence for a Christian is being the very best that God created you to be.
oThis may not mean that you are truly the best in the world at whatever you do. But it
does mean that you will be the best YOU can be.
oExcellence is achieving your maximum God-given potential, progressively moving toward
the highest utilization of all you have been sovereignly entrusted with.
oProverbs 22:29, Colossians 3:23
Basically, the Bible holds us to a higher standard than the Model Rules. The latter wants us to be
just reasonable, while the Bible wants us to be excellent and diligent.
The Model Rules also care only about the external work standards, instead of the internal
attitude that people have toward their work. Motive is important according to the Bible.
Rule 1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer
Clients have the authority to make decisions regarding the "objectives" of the representation
and lawyers are to consult with the client regarding the "means" by which those objectives are
to be pursued.
A lawyer's representation of a client does not constitute an endorsement of the client's views or
activities.
Lawyers may limit the scope of representation under
A lawyer shall not counsel a client to engage in conduct the lawyer knows is fraudulent, but a
lawyer may discuss the legal ramifications of any proposed course of action with a client.
Colossians 3:22-25, Ephesians 5:22-6:9, 1 Peter 2:12-19
The general act of obeying one's earthly employer can be an act that points to the employee's
humility in obeying God. Christian lawyers should not follow instructions that violate God's word.
oScripture does not condition workers' obedience to their masters on the workers'
agreement with the masters' instructions. However, Scripture also does not instruct
workers or those under the authority of others to follow blindly the directions of their
superiors.
oChristian lawyers thus must be careful not to hide behind their role in being an agent of
their client to justify committing actions or furthering causes with which they find
morally questionable.
oRule 1.2(b) reflects only part of the standard for Christian attorneys: although such
attorneys are free to represent clients with which they disagree, they must justify such
representation under larger moral principles that are consonant with scriptural truths.
Does this mean we should represent clients who are doing unbiblical things?
oRule 1.2(c): lawyers cannot avoid their basic duty to provide competent representation,
for example, by enacting unreasonable limitations on their scope of service.
oRule 1.2(c) also talks about personal responsibility, which is seen in Ezekiel 18:20.
oRule 1.2(d) implicates the biblical virtues of honesty and discretion, and obedience to
government.
Basically, we can't help the clients break the law, but must still help explain the
law.
Biblical concept of discretion. Psalms 112:5; Proverbs 1:4, 2:11, 3:21, 5:2, 8:12,
19:11.
oLawyers need to exercise discretion and prudence to avoid helping clients break the law.
Pray to God for understanding.
Rule 1.4: Communication
Lawyers have to communicate and explain things to their clients so that the clients know what’s
needed to make informed decisions.
oBiblical concept of promptness. Proverbs 15:23
oLawyers are frequently disciplined or held liable for malpractice, in part, due to their
failure to communicate.
Rule 1.4(a)(5) is about the Biblical principles of honesty and avoiding (attorney-client) conflicts.
oRomans 12:18
Lastly, lawyers should have the knowledge, both mental and moral.
Rule 1.5: Fees
Don’t be unreasonable in charging fees. Proverbs 11:1, Leviticus 19:35.
oFor example, a lawyer falsifies his billing record to overcharge his client.
To determine if the fee is reasonable, use the Golden Rule (Luke 6:31).
Biblical principles of financial responsibility and stewardship (Matthew 25:14-30). Also avoiding
greed (Proverbs 28:20, Timothy 6:10, Hebrews 13:5).
Rule 1.6: Confidentiality of Information
Lawyers are not to disclose confidential client information.
oBiblical virtues of confidentiality and trustworthiness. Proverbs 11:13, 1 Corinthians 4:2.
oPrinciple of compassion (1 Peter 3:8) and submission to authority.
Obligations to government authority can trump obligations to clients.
However, ABA Model Rules don’t require this breach of confidentiality, it just allows it. Whereas
the Bible commands it.
Scripture condones the actions of certain individuals who concealed the truth from others
because those persons did not have a need or right to know the whole truth.
Also, you can lie when necessary to prevent the death of innocent human life. Like how Rahab
and the midwives lied.
Rule 1.7: Conflict of Interest: Current Clients
Rule 1.8. Conflict of Interest: Current Clients: Specific Rules
Rule 1.9: Duties to Former Clients
Rules preventing conflict of interest are related to the Biblical principle of loyalty.
oMatthew 6:24
And principle of trust. E.g. Jonathan and David
When the potential for a conflict reaches a certain threshold, lawyers must obtain the "informed
consent" of their clients to continue the representation.
Lawyers representing multiple clients in the same matter face confidentiality problems.
Principle of integrity.
The factor of "personal" conflicts; the Rules recognize that attorneys are more than merely
agents of their clients. The Rules at least appreciate that attorneys' own integrity, being true to
their personal convictions, may limit their ability to represent certain clients.'" In this regard, the
Rules acknowledge the biblical principle of personal wholeness or integrity
Rule 1.10: Imputation of Conflicts of Interest: General Rule
Imputation is in the Bible, such as the imputation of Adam's sins to mankind, the imputation of
believers' sin to Christ, and the imputation of Christ's righteousness to believers.
oRomans 5:12-19; 1 Corinthians 15:21-22; 2 Corinthians 5:21
Also the rejection of screening is related to prudence
Biblical concept of accountability (1 Corinthians 12:12-31, Matthew 4:18-22, Luke 5:1-11, 1
Timothy 6:11-21, 2 Timothy 3:10-4:22)
