Ch 1 writing assignment

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Feb 20, 2024

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Mackenzie Carroll Chapter 1 Assignment LEX-280-160B October 21, 2023 Part 1: 2022 Formal Ethics Opinion 2 This opinion is based on limited representation in a criminal matter. The defendant is indigent and appointed the counsel they cannot afford. The defendant can hire a lawyer, but the representing counsel will be limited and only represent the defendant at a particular hearing, in this case, a bond hearing. The appointed counsel still mainly represents the defendant if the limited representation is reasonable. There are four primary points included in this opinion. The first main point of the “2022 Formal Ethics Opinion 2” is that the lawyer the defendant wishes to represent them can communicate with the defendant even though they have appointed counsel. Rule 4.2 states, “During the representation of a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.” This does not keep a lawyer from meeting with a potential client. The second point in this ethics opinion is that the defendant can hire a lawyer for limited representation even if the defendant has appointed counsel. This can only be done under reasonable circumstances. According to “ 2022 Formal Ethics Opinion 2 ,” if the defendant were to get a lawyer privately, there could be possible ramifications to the case, so the defendant
must consent. Rule 1.2(c) states, “A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances.” The lawyer must also consider the effect of representing the defendant and if they will no longer be considered indigent and have access to appointed counsel. When the defendant consents and lets the lawyer represent him, the lawyer must not do anything to mess up the defendant’s case and always be sure to communicate with the defendant's appointed counsel. See Rule 1.1 , Rule 1.3 , and Rule 8.4(d) . Thirdly, the ethics opinion states that it depends on whether the lawyer can remove themselves from the case if the family cannot pay legal fees. Before the lawyer agrees to represent the client, they must see if the fee can be paid in full. If not, the lawyer must decline because then rule 1.2 cannot be followed. The lawyer may withdraw from the case after he has accepted only if he seeks approval from the court to withdraw. Rule 1.16(b) [6] states, “a lawyer may withdraw from representing a client if: (6) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.” The lawyer must also, however, communicate the withdrawal to the appointed counsel and make sure it does not do any harm. As backed by Rule 8.4(d). Lastly, the “2022 Formal Ethics Opinion 2” states that this opinion applies to lawyers who limit the representation of criminal defendants in both felonies and misdemeanors. When following rule 1.2 , whether or not the lawyer decides to take on the client should not be based on whether the case is a misdemeanor or a felony but rather on the class of charges against the defendant.
Part 2: North Carolina Ethics Rules When disciplining attorneys in North Carolina, The North Carolina State Bar and lawyers in the state follow a certain set of rules. These rules are called the North Carolina Rules of Professional Conduct. The state bar’s website states, “The purposes of the State Bar’s disciplinary process are to protect the public from harm that could result from unethical conduct of lawyers, and to protect the integrity of the justice system.”
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Part 1: https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-42- communication-with-person-represented-by-counsel/ https://www.ncbar.gov/for-lawyers/ethics/adopted-opinions/2022-formal-ethics-opinion-2/ https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-12-scope-of- representation-and-allocation-of-authority-between-client-and-lawyer/ https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-116-declining-or- terminating-representation/ https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-84-misconduct/ Part 2: https://www.ncbar.gov/lawyer-discipline/roadmap-of-the-disciplinary-process/#:~:text=The %20North%20Carolina%20State%20Bar's,integrity%20of%20the%20justice%20system .

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