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The Preemployment Ethical Role Of Lawyers: Are Lawyers Really Fiduciaries?, Fred C. Zacharias
The Preemployment Ethical Role Of Lawyers: Are Lawyers Really Fiduciaries?, Fred C. Zacharias
William & Mary Law Review
This Article considers the nature and extent of lawyers' obligations to prospective clients. Most jurisdictions have rules forbidding certain kinds of representation, requiring that particular information be given clients in writing, and regulating fees. Professional code drafters, courts, and commentators, however, have never addressed the broader issue of the lawyer's role at the retainer stage of representation, including whether lawyers have responsibility for providing prospective clients with candid advice regarding the course they should pursue.
The issue is important to clients. A lawyer's action may determine whether a client obtains any representation, competent representation, or a lawyer well suited to …