AAML AND BOUNDS OF ADVOCACY
This work provides guidance for Family Lawyers to assist with the gray areas of ethical dilemmas.
What is the AAML's "Bounds of Advocacy?
DISCUSSION: AAML-created standards for practice; Goal: provides leadership to get to the highest degree of professionalism/excellence.
BoA are specific to family law. Not malpractice standards nor ethical standards. Rather, goals. Supplements state bar standards.
Competence, Loyalty, Confidentiality & Conflict-Free, amongst others.
What are attorney’s ethical duties under RPC?
DISCUSSION: Primary duties include: Competence, Loyalty (no conflicts), Confidentiality, Communication, Diligence, Respect, and Candor.
Attorney's required response if a client insists that they want you to represent both them and their spouse, because they are aligned and only want you to draft their agreement.
What is decline representation or withdraw from pre-existing representation?
DISCUSSION: Distinguish this from acting as a mediator.
Times when an attorney may ethically disclose a client's confidential information.
What are: (1) to prevent a death or serious injury; (2) to secure legal advice about lawyer's compliance with ethics rules; (3) to defend an client's accusation; and (4) law or court order requires.
DISCUSSION: SCR 3.130(1.6)(a). So, not never. But very limited. Public relies on our confidences-->maybe our most fundamental obligation.
"Let my associate take care of the ramifications of using AI; not my problem."
What is not an excuse or defense to an accusation of wriong-doing?
DISCUSSION: An attorney cannot relive themselves of ethical duties by delegation, including as to AI.
The number of years of practice required before an attorney can apply to become an AAML Fellow.
What is 7?
DISCUSSION: Benefits of membership. Career goal. Impact on career. During early years, collect your career information. The test.
Representing clients as well as I can -or- Making a good living.
What is the daily challenge sometimes facing Family Law attorneys?
DISCUSSION: Don't cut corners. Don't get lazy.
Coaching a client to get admissions, agreements or confidential info from opposing party directly.
What is prohibited by attorneys?
DISCUSSION: DC Ethics Opinion 385. Circumvents the "no direct contact" rule. Client cannot act as "surrogate" for their attorney in dealing with other party. But OK to advise client about communications with other party.
Person or persons who have standing to assert attorney-client privilege after a client dies.
Who is the attorney or the decedent's personal representative (i.e., executor)?
DISCUSSION: KY Ethics Opinion E-451. Attorney may disclose confidential info to fulfill client's purposes (i.e., support a will).
"I would never tell my client I used AI."
What is OK (there is no duty to disclose) UNLESS: (1) work is outsourced to 3d party; (2) cost of AI being passed on to client; (3) AI-generated research required by Court Rules?
DISCUSSION: KBA E-457.
The "Zealous Advocacy" standard not included in it.
What is the "Bounds of Advocacy"?
DISCUSSION: "Zealous Advocacy" not always appropriate in Family Law context. So ... counseling and problem-solving emphasized.
Attorney's duty if they see a client in public, who is court-ordered not to consume alcohol, but they are seen out drinking at a local bar.
What is address it with client; and withdraw, if necessary, if client's behavior is persistent?
DISCUSSION: ABA Opinion 513. Duty to inquire and assess. Encourage compliance. Must withdraw if client behavior is persistent. Attorney cannot lie to court. If new prospective client says he is defiantly drinking?
Preparing a client for a meeting or hearing without also representing them at that meeting or hearing.
What is permitted representation under newer rules?
DISCUSSION: KY SCR 3.130(1.2)(c). Unbundled Legal Services. Limited-scope representation. Draft docs for client to file. Coach on courtroom procedures. Client-informed consent is critical.
Permitted response by attorney to a client publicly criticizing them on social media.
What is "Very Limited" because attorney cannot reveal confidential information or hinder the client's court case?
DISCUSSION: KBA Opinion E-448. Public criticism differs from defending an ethics complaint filed by client against lawyer where there is a 'self-defense" exception. Best advice is to ignore the criticism.
"Nobody can ever see what I put into my AI program."
What is possibly false; it is saved and accumulated for later use and refinement.
DISCUSSION: KBA E-457. You must ensure that information is secure, you must understand how AI products are being used, you must review terms of use and take care that any information inputted into AI doesn’t identify the client, even through the use of hypotheticals.
Laura Belleau and Jeff Alford.
Who are the AAML presidents, national and the KY chapter.
DISCUSSION: AAML is a National organization with Chapters by State.
"Yes, opposing counsel is a good friend of mine; so what?"
What is information that must be disclosed to your client?
Discussion: ABA Opinion 494. Consider nature of relationship: intimate relationships, friendships and acquaintances. Is there a "significant risk" that the client representation may "materially impair" the relationship.
Detailed scripting of a client's testimony to be given in court.
What is prohibited?
DISCUSSION: SCR 3.130(3.4)(b). OK to prepare a client/witness; use outlines; emphasize truthfulness; avoid rehearsed answers. Cannot draft scripted answers to be memorized that may distort the truth.
Client’s parents are paying the bills; this is the rule about giving them weekly updates regarding the case.
What is only with direction/approval from your client regarding this communication?
DISCUSSION: Warn client in writing regarding waiver of the privilege. Informed consent. What if client is a minor? Of diminished capacity? These get tricky; be prepared.
"AI would never help my law practice."
What is wrong; it can streamline research; analyze voluminous docs; automate repetitive tasks; detect deceptions in docs; predict case outcomes; expedite responses to clients; provide 24-7 access to information; reduce legal costs to clients for research and doc production?
DISCUSSION: Per KBA E-457, these are recognized benefits; not just some AI salesman.
The Best AAML Chapter in the Country.
What is Kentucky?
DISCUSSION: In our opinion ... :-) KY has always been active and involved, and enjoys prominence in the national organization.
Decision-maker about alternative methods and strategies for handling a client's case.
What is shared by both the client and the attorney, not only one or the other.
DISCUSSION: SCR 3.130(1.2). Clients cannot manfate that tehir attorney do something for them that attorney strongly disagrees with. But some self-determination by client is required.
Provide information but not give advice.
What can an attorney can provide to an unrepresented opposing party?
DISCUSSION: KBA E-450. Attorneys may not give legal advice to unrepresented persons except advice to get an attorney. Clarify who you represent and who you do not represent (the opposing party). Avoid misleading and coercive behavior. Communicate honestly. To avoid problems later, "Get it in writing!" whenever possible.
A lawyer posts a "hypothetical" on a listserv looking for advice on a case.
What is prohibited unless with client's written consent?
KBA E-447. In social media, without prior written consent, an attorney may NOT reveal info about a client or identify a client EVEN IF it is a matter of public record. Applies to current and former clients.
"I have no intention to ever learn about or use AI."
What is a violation of the ethical duty of lawyers to keep abreast of technological advances, which includes AI?
DISCUSSION: KBA E-457. Cannot ignore its benefits. Must keep up. Must safeguard client info while doing it. Could save the client money in fees, etc.