If the POA is doing legal things for the principle but the lawyer is doing things for the POA's interest and doesn't notify the principle can you hold the lawyer countable?
2006-08-30 09:37:07 · 3 answers · asked by witch_wicked_1 1 in Politics & Government ➔ Law & Ethics
A lawyer's only accountability is to his client. Your message doesn't say who is the lawyer's client.
2006-08-30 10:07:47 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The power of attorney creates an agent-principle relationship.
It sounds like you are asking about a situation where the agent is the lawyer's client, and the lawyer is acting in the best interests of the agent-client, and not in the third-person (the principle).
The bottom line is that the lawyer has a fiduciary to their client, and must act in that client's interests. If the lawyer represents the agent, then that is to who the lawyer owes their duty. And because of duty of confidentiality, the lawyer cannot 'tattle' on their client, even if that client is someone else's agent.
In contrast, if the lawyer represents the principle, and the lawyer is aware of someone harming the principle's interests, then (absent some other duty of confidentiality, which would create an ethical conflict) the lawyer should tell the client (principle) what they know.
So, it all depends on who the lawyer represents.
2006-08-30 17:08:02 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
You should probably add more to your question. It's not clear in it's current form. Even if you have to make up names, create a bit more of a story scenario to assist others in providing you with a best answer.
2006-08-30 17:09:56 · answer #3 · answered by nothing 6 · 0⤊ 0⤋