Ethics
Ethics Tip 1: Allowing Clients to Sign Incomplete Documents?
How does a young lawyer know when an ethical problem with a client lies just ahead?
Knowledge of the applicable ethical rules is good. Experience helps to spot problems. But when experience is in short supply, you need to build on your ethical awareness. Always take a moment to consider if you have thought through the issues before you act. Also, ask yourself: What would you expect from your own lawyer if you were the client?
Consider this scenario. An affidavit is due to be filed by the end of the day. The client has not given you some information and says he has a flight to catch so he wants to affirm the affidavit by noon, and he will provide the information before his flight at 4pm. He wants you to arrange the signing of the incomplete affidavit in your office and wants you to insert the details later.
What would be your thoughts? You may consider it morally wrong to allow a client to sign an incomplete document. If you were in the position of the client, you may not be comfortable if your lawyer asks you to sign an incomplete document. The client may, at a later stage, if he finds the document to be disadvantageous to him, claim that the document was incomplete when he signed it and that you inserted details after he signed the document. This could lead to a complaint of misconduct.
What would be your reaction? You should not be prepared to be dishonest by asking a client to sign an incomplete document. You can foresee potential problems and choose to avoid them and refuse to allow the client to sign the incomplete document even though this may inconvenience the client.
<< Back to Junior Lawyers Professional Certification Programme
