Multistate Professional Responsibility Examination (MPRE)Different Roles of a LawyerMedium
A lawyer is approached by a potential client seeking to sue a large corporation for breach of contract. The lawyer, after an initial consultation, advises the client that while there might be a technical breach, the damages are likely to be minimal, and the cost of litigation would far exceed any potential recovery. The lawyer also explains the emotional toll and time commitment involved in pursuing such a lawsuit. What ethical duty is the lawyer primarily fulfilling in this advisory role?
- ADuty of competence
- BDuty of zealous advocacy
- CDuty of candid advice
- DDuty of confidentiality
Show answer & explanationAnswer & explanation
Correct answer: C. Duty of candid advice
In their role as an advisor, a lawyer has a duty to provide candid advice, which includes not only legal analysis but also practical, moral, and ethical considerations relevant to the client's situation, even if it might be unpalatable.
Why the other options are wrong
- A. Competence ensures the advice is legally sound, but candidness speaks to the breadth and honesty of the advice.
- B. Zealous advocacy applies in an adversarial context, not primarily in the advisory role.
- D. Confidentiality is a separate duty related to protecting client information, not the content of the advice itself.
Duty of Candid Advice
As an advisor, a lawyer has a duty to provide clients with honest, straightforward counsel, including not only legal considerations but also practical, moral, ethical, and political aspects relevant to the client's situation.
- Advice should be unvarnished and realistic.
- May include non-legal factors.
- Essential for informed client decision-making.
Memory trick: Truthful counsel, clear and bold, a lawyer's duty, stories told.