Esquire, When a client tells you his or her opponent is a sociopath, please be aware of the ramifications for your legal case. A common perception is that sociopaths are all deranged serial killers. This is not true—only a small percentage of sociopaths commit murder. But all sociopaths are social predators, and live by exploiting others.
Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Comment Legal Knowledge and Skill  In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question.
In many instances, the required proficiency is that of a general practitioner. Expertise in a particular field of law may be required in some circumstances.
A newly admitted lawyer can be as competent as a practitioner with long experience. Some important legal skills, such as the analysis of precedent, the evaluation of evidence and legal drafting, are required in all legal problems.
Perhaps the most fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily transcends any particular specialized knowledge.
A lawyer can provide adequate representation in a wholly novel field through necessary study. Competent representation can also be provided through the association of a lawyer of established competence in the field in question.
Often it is possible to negotiate a solution which meets some of the needs and interests of all the parties to a transaction or dispute, i. Even in an emergency, however, assistance should be limited to that reasonably necessary in the circumstances, for ill-considered action under emergency conditions can jeopardize the client's interest.
This applies as well to a lawyer who is appointed as counsel for an unrepresented person. See also Rule 6. Thoroughness and Preparation  Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the standards of competent practitioners.
It also includes adequate preparation. The required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more elaborate treatment than matters of lesser consequence.
Maintaining Competence  To maintain the requisite knowledge and skill, a lawyer should engage in continuing study and education in the areas of practice in which the lawyer is engaged.
Attention should be paid to the benefits and risks associated with relevant technology. The Mandatory Continuing Legal Education requirements of the Rules of the Supreme Court of Virginia set the minimum standard for continuing study and education which a lawyer licensed and practicing in Virginia must satisfy.
If a system of peer review has been established, the lawyer should consider making use of it in appropriate circumstances. Maintaining the mental, emotional, and physical ability necessary for the representation of a client is an important aspect of maintaining competence to practice law.
See also Rule 1. Virginia Code Comparison Rule 1. DR A 1 provided that a lawyer "shall undertake representation only in matters in which.
A lawyer shall abide by a client's decision, after consultation with the lawyer, whether to accept an offer of settlement of a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
Comment Scope of Representation  Both lawyer and client have authority and responsibility in the objectives and means of representation.
The client has ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by the law and the lawyer's professional obligations. Within those limits, a client also has a right to consult with the lawyer about the means to be used in pursuing those objectives.
In that context, a lawyer shall advise the client about the advantages, disadvantages, and availability of dispute resolution processes that might be appropriate in pursuing these objectives. At the same time, a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so.
A clear distinction between objectives and means sometimes cannot be drawn, and in many cases the client-lawyer relationship partakes of a joint undertaking. In questions of means, the lawyer should assume responsibility for technical and legal tactical issues, but should defer to the client regarding such questions as the expense to be incurred and concern for third persons who might be adversely affected.
These Rules do not define the lawyer's scope of authority in litigation.Looks like I get the first post again. Hope no one thinks I’m working some dark magic. Just a product of having no life I’m afraid. Having read Nathan Robinson’s article previously, I came to the conclusion that it was saying “You can’t argue against white supremacists”.
Dealing with the Difficult Client, Difficult Opposing Counsel, Or Difficult Pro Se Party Honorable Margaret Dee McGarity, U.S. Bankruptcy Judge. Clients, opposing counsel, judges or staff, a law practice setting is a workshop for life’s most difficult problems, and attorneys encounter more difficult people than most.
Proceed with utmost caution, as this can be a difficult creature to maneuver. The Charleston lawyers of Futeral & Nelson, LLC explain how to deal with a difficult lawyer on the other side of a case.
Finally, it will provide specific tools on how to deal with difficult clients or opposing counsel. The following are the most common types of clients that can walk into your office. Usually, this angry client will be very hostile towards you and others. Nov. Difficult People: Dealing with Opposing Counsel and Clients 1 PM EST.
This is a member benefit for Section of Family Law members. This session will explore ways to work with and overcome even the most obstinate opponents and restore some sanity to an otherwise chaotic profession.