Above rules that were mentioned all falls to the “Lawyer-Client” relationship. In the litigation process, there are also important rules which are already behind the “Lawyer-Client” negotiation . One of the rules that is already of the “Lawyer-Client” relationship is the Rule 2. 1, which is entitled as “Advisor. ”
The lawyer would not only act as only representative or consultant of the lawyer, nut also an advisor in any concern of the client in the case. In this case, this rule is very important, such that it could relate to the Rule 1.4. Being an advisor, the lawyer must not only look at the angle of the case in accordance to the law or what had really happened to the two parties. There could be other reasons why the dispute was established. In defending the case (and the side of the client), several aspects and anlges should also be considered. These aspects are moral, socio-economic, or even political. It would already depend upon the status of the case, the client, and the lawyer on how these aspects would be helpful in giving resolution in the dispute.
By looking at these aspects in its different angles, there could be some evidences, offenses (in the side of the opponent), or defenses that could be derived to further help the litigation settled. Another rule is the Rule 2. 2 which is entitled “Intermediary. ” This rule encompassed the lawyer as the mediator of the opposing parties, despite the fact that the lawyer also represents the client. This rule might be found ironic to the Rule 1. 7, which indicates the loyalty to the client. The intermediary word here means that the lawyer should also have initiated a talk or negotiation or communication either to the opponent party.
However, the lawyer should not intervene with personal interest in the conflict to avoid personal bias and decision. He or she could still talk to the opponent, especially if there are matters to be settled in the level outside the trial court. It may proceeds the litigation process faster as long as the negotiation and intermediating being done by the lawyer(s) are objectively and without hidden personal interest. Moreover, the Rule 3. 1 which is entitled “Meritorious Claims and Contentions ” could also be considered important in the litigation process.
This also goes along with the Rule 9.06 of the Minnesota General Rules of Practice for the District Courts, which is entitled “Definitions. ” In these rules, assertion of the side of the client, there should be always bases and hard evidences. An argument should always be based on facts and real events for the better modification of the resolution throughout the litigation process. There are such claims that could be misinterpreted by the juries or any party involved in the litigation process. There should always be an exact definition of the words being spoken out from the word of the defendant, complainant, or witnesses.
It is because if the statements are not clarified, this may lead to another case of libel or slander. This would prolong the litigation process. And in case of falsify documents, facts from hasty generalization, that are being presented; this could be a cause of incredible resolution or error in the litigation process. Thus, to avoid such cases, the rules which indicated honesty and not fraudulent act should always be followed. The Rule 4. 1 entitled “Truthfulness in statements to Other ” has also the same content. It complies with the litigation process in a way of honesty of any facts and statements presented in the trial.
There are also rules for the “Impartiality and Decorum of the Tribunal ” included in the Rule 3. 5 which encompassed that the tribunal court that is handling the case should be impartial throughout the litigation so as to avoid biased result and resolution to the case. Generally, these rules are considered in civil litigation among other rules because they are all contesting any wrong act in the side of the lawyer, the client, and the tribunal court. This is for the faster pacing of the trial so as to become more efficient litigation process could be done.