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Counselor.
Rule 2.1 Advisor
Rule 2.2 Intermediary.
Rule 2.3
Evaluation for use by third persons.
COUNSELOR.
Rule 2.1. Advisor.
In representing a client, a lawyer shall exercise
independent professional judgment and render candid advice. In rendering
advice, a lawyer may refer not only to law but to other considerations
such as moral, economic, social and political factors, that may
be relevant to the client's situation.
Rule 2.2. Intermediary.
(a) A lawyer may act as intermediary between clients
if:
(1) the lawyer consults with each client concerning the implications
of the common representation, including the advantages and risks
involved, and the effect on the attorney-client privileges, and
obtains each client's consent to the common representation;
(2) the lawyer reasonably believes that the matter can be resolved
on terms compatible with the client's best interests, that each
client will be able to make adequately informed decisions in the
matter and that there is little risk of material prejudice to the
interests of any of the clients if the contemplated resolution is
unsuccessful; and
(3) the lawyer reasonably believes that the common representation
can be undertaken impartially and without improper effect on other
responsibilities the lawyer has to any of the clients.
(b) While acting as intermediary, the lawyer shall consult with
each client concerning the decisions to be made and the considerations
relevant in making them, so that each client can make adequately
informed decisions.
(c) A lawyer shall withdraw as intermediary if any of the clients
so requests, or if any of the conditions stated in paragraph (a)
is no longer satisfied. Upon withdrawal, the lawyer shall not continue
to represent any of the clients in the matter that was the subject
of the intermediation.
Rule 2.3. Evaluation
for use by third persons.
(a) A lawyer may undertake an evaluation of a matter
affecting a client for the use of someone other than the client
if:
(1) the lawyer reasonably believes that making the evaluation is
compatible with other aspects of the lawyer's relationship with
the client; and
(2) the client consents after consultation.
(b) Except as disclosure is required in connection with a report
of an evaluation, information relating to the evaluation is otherwise
protected by Rule 1.6.
(c) In reporting an evaluation the lawyer shall indicate any material
limitations that were imposed on the scope of the inquiry or on
the disclosure of information.
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