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?
Competence, Loyalty, Confidentiality & Conflict-Free, amongst others.
What are attorney’s ethical duties under RPC?
Attorney's required response if a client insists that they want you to represent both them and their spouse, and only want you to draft their agreement.
What is decline representation or withdraw from pre-existing representation?
SCR 3.130 1.7
BOA 3.1
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.
SCR 3.130 1.6
AI is not my problem, my associate will take care of it.
What is not an excuse or defense to an accusation of wrong-doing?
ABA 512
The number of years of practice required before an attorney can apply to become an AAML Fellow.
What is 7?
Representing clients as well as I can -or- Making a good living.
What is the daily ethical challenge facing Family Law attorneys?
RPC Preamble X “Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system and to the lawyer’s own interest in remaining an ethical person while earning a satisfactory living.”
Coaching a client to get admissions, agreements or confidential information from opposing party (their spouse) directly.
What is prohibited by attorneys?
DC Ethics Opinion 385
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)?
KBA E-451
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?
KBA E-457
The "Zealous Advocacy" standard not included in it.
What is the "Bounds of Advocacy"?
Attorney's duty if they see a client in public drinking at a local bar, but client is court-ordered not to consume alcohol.
What is address it with client; and withdraw, if necessary, if client's behavior is persistent?
ABA 513, 516
Preparing a client for a meeting or hearing without also representing them at that meeting or hearing.
What is permitted representation?
SCR 3.130 1.2(c)
Response by attorney to a client publicly criticizing them on social media.
What is NONE or "Very Limited" because attorney cannot reveal confidential information or hinder the client's court case?
Best advice is to ignore the criticism.
KBA E-448
"Nobody can ever see what I put into my AI program."
What is possibly false - information may saved and accumulated for later use and refinement.
KBA E-457
Laura Belleau and Jeff Alford.
Who are the AAML presidents, national and the KY chapter.
Opposing counsel is a good friend of mine rather than just an acquaintance
When you must disclose a relationship to your client?
ABA 494
A discussion ripens to a consultation, and confidential information is revealed
How does a potential client become a prospective client
KBA E-455
ABA 492
The rule about giving client’s parents, who are paying the bills, weekly updates regarding the case.
What is only with direction/approval from your client regarding this communication?
"AI would never help my law practice."
What is False
AI 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
KBA E-457
The Best AAML Chapter in the Country.
What is Kentucky?
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.
SCR 3.130 1.2
BOA 1.3 -1.5, 2.4
Information but not advice.
What can an attorney provide to an unrepresented opposing party?
KBA E-450
A lawyer posts a "hypothetical" on a listserv looking for advice on a case.
What is prohibited unless with client's written consent?
ABA 511R
KBA E-447
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?
KBA E-457