In the News

Wednesday, July 02, 2008
NLF Fights for Client Who Says His Former Attorney Misled Him In Murder Case
Nichols Law :: 2:38 PM :: 83 Views
 

I think that I have a duty to respond to a misstatement of the law or an impertinent statement:

“It is unfortunate that Mr. Husband’s former lawyer has turned this into a competition over who can dump on whom and it’s made a difficult situation between the attorney and his former client and the circumstances surrounding this plea even worse. The rules of professional conduct are very specific about what a lawyer can say in such a circumstance and it limits the lawyer to only disclosure of that information necessary to defend against an accusation of wrongful conduct. The commentary to rule 1.6 states: ‘A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation. The client is thereby encouraged to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter.’”

MRPC 1.6 specifically states:

(c) A lawyer may reveal: 
… 

(5) confidences or secrets necessary to establish or collect a fee, or to defend the lawyer or the lawyer's employees or associates against an accusation of wrongful conduct. .

And further, the commentary states: Dispute Concerning Lawyer's Conduct. Where a legal claim or disciplinary charge alleges complicity of the lawyer in a client's conduct or other misconduct of the lawyer involving representation of the client, the lawyer may respond to the extent the lawyer reasonably believes necessary to establish a defense. The same is true with respect to a claim involving the conduct or representation of a former client. The lawyer's right to respond arises when an assertion of complicity or other misconduct has been made. Paragraph (c)(5) does not require the lawyer to await the commencement of an action or proceeding that charges complicity or other misconduct, so that the defense may be established by responding directly to a third party who has made such an assertion. The right to defend, of course, applies where a proceeding has been commenced. Where practicable and not prejudicial to the lawyer's ability to establish the defense, the lawyer should advise the client of the third party's assertion and request that the client respond appropriately. In any event, disclosure should be no greater than the lawyer reasonably believes is necessary to vindicate innocence, the disclosure should be made in a manner which limits access to the information to the tribunal or other persons having a need to know it, and appropriate protective orders or other arrangements should be sought by the lawyer to the fullest extent practicable. Emphasis supplied.

The Nichols Law Firm, PLLC represents clients throughout Mid Michigan and South Central Michigan including the cities of Lansing, Owosso, Haslett, Okemos, Grand Ledge, Mason, Charlotte, Portland, St. Johns, Battle Creek, Howell, Brighton, Williamston, Ithaca, Jackson, Flint, Grand Blanc, Breckenridge, Carson City, Shepard, St. Louis, Alma, Pine River Township, and Sumner Township.

 

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