How should attorneys handle client instructions that conflict with legal or ethical standards?

Attorneys facing client instructions that conflict with legal or ethical standards must carefully navigate the situation to uphold their professional obligations. This article provides guidance on how attorneys can effectively handle such conflicts while maintaining their integrity and protecting their clients' interests.

Understanding the conflict

It is crucial for attorneys to carefully analyze the client's instructions and assess the extent to which they conflict with legal or ethical standards. Understanding the nature and implications of the conflict is essential in determining the appropriate course of action.

Communication and explanation

Attorneys should communicate openly and honestly with their clients about the conflict, explaining the reasons why certain instructions cannot be followed due to legal or ethical constraints. Clear communication can help manage client expectations and foster trust in the attorney-client relationship.

Seeking alternative solutions

Attorneys should explore alternative solutions that align with legal and ethical standards while still addressing the client's needs and objectives. This may involve negotiating with the client, seeking advice from ethics committees, or withdrawing from representation if necessary.

Consulting with colleagues

In complex cases of conflicting client instructions, attorneys can benefit from consulting with colleagues or mentors to gain different perspectives and insights on how to handle the situation effectively and ethically.

Protecting the attorney-client relationship

Throughout the process of handling conflicts between client instructions and legal or ethical standards, attorneys must prioritize maintaining the integrity of the attorney-client relationship and upholding their duty to provide competent and ethical legal representation.