Question: need help responding to this discussion post! The Model Rules 6.1 through 6.5 deal with helping the poor and needy, respecting others, and servanthood. Model
need help responding to this discussion post!
The Model Rules 6.1 through 6.5 deal with helping the poor and needy, respecting others, and servanthood. Model Rule 6.1 for example tells us that as lawyers, we must have at least fifty hours of pro-bono work per year. This service should be used for the needy or an organization that helps the needy. The virtues contained within this Model Rule are helping the poor and needy. Proverbs 19:17 states, "Whoever is generous to the poor lends to the Lord, and he will repay him for his deed." (NIV Bible, Proverbs 19:17). By helping those who are in need, we are not only doing a good cause for others, but we are doing God's work.
Model Rule 6.2 states that a lawyer must accept the tribunal to represent the client. This Model Rule also states that a lawyer may seek to avoid the appointment if they have good cause to do so. The lawyer may also not serve the client if the lawyer thinks the client has an undesirable nature. According to Regent University Law Review, "good cause," exception in Rule 6.2 is construed narrowly, especially when the lawyer claims good cause due to his aversion to the case. The rule offers further guidance in dealing with an undesirable appointment. Good cause exists for declining an appointment of a client whose cause is unpopular if the lawyer is not competent in the matter, or if undertaking the representation would result in a conflict of interest, or if acceptance would be extremely burdensome." (Regent Law Review, p.76, 2019).
Model Rule 6.3 tells lawyers that they can serve as a director, officers, or members of a legal service. This Model Rule also dictates that serving in one of these capacities you must refrain from taking part in a legal decision if the legal decision is averse to your client. Model Rule 6.4 is similar to Model Rule 6.3 in that you can serve as a director, officer, or member of a legal service. Except that in Model Rule 6.4, you can make a decision that will affect your client in a good way, you must disclose this information. Model Rule 6.5 provides the remedy of non-participation in a decision, whereas Rule 6.4 allows for disclosure to cure Rule 1.7. Rule 6.5 regulates lawyers' involvement with legal services programs. These three Model Rules virtues are respect for others, justice for the poor, and servanthood.
The attorney can serve the public through pro-bono work. This is work that is free for the client. This is usually reserved for the poor and needy. Deuteronomy 15:7 states, "If among you, one of your brothers should become poor, in any of your towns within your land that the Lord your God is giving you, you shall not harden your heart or shut your hand against your poor brother." (NIV Bible, Deuteronomy 15:7). Helping the poor and needy is important because it lets others know that there is hope. It would become counterproductive for an attorney to help the public if conflicts with their virtues or morals, or if conflicts with their client's interest.
Reference
Gantt, L., Oates, C. H., & Menefee, S. (2006). Professional responsibility and the Christian attorney: comparing the aba model rules of professional conduct and biblical virtues. Regent University Law Review, 19(1), 1-94.
NIV Bible, Deuteronomy 15:7.
NIV Bible, Proverbs 19:17
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