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Practising Law Institute 1The Role of the LawyerA. Professional1. “Since the mid-1980s, the concept of ‘professionalism’ has been thefocal point for the organized bar’s debate whether the profession isadequately renewing its public purpose, core values, and ideals ineach generation of lawyers.” Hamilton, Professionalism ClearlyDefined, in 19 The Professional Lawyer No. 4 at p. 4 (2008).B. Advocate in adversary proceedings and in proceeding for benefitsC. Counselor – Analysis and AdviceD. Negotiator – getting third parties to “yes”1. Lawyers who affirmatively misrepresent or conceal material facts innegotiations risk professional discipline and judicial sanctions2. The general rule that a lawyer has no duty to inform an opponent ofrelevant facts is subject to exceptions. Three principle exceptionsare: a document does not reflect the parties’ agreement beforeexecution; the client has died; and failure to disclose materialnonconfidential facts where lawyer knows opponent has mistakenbelief as to them which, if not corrected, deprives or materiallylessens opponent’s benefit of the bargain(a)See In re Becker 804 N.Y.S. 2d 4, 5-6 (AD 2005) (relying onN.Y. disciplinary rules as to dishonesty, conduct prejudicialto the administration of justice and conduct reflecting on alawyer’s fitness to practice)(b) See also, Nebraska Bar Ass’n. v. Addison, 412 N.W. 2d 855(Neb. 1987) (six month suspension sustained when lawyerconcealed excess insurance available for settlement andeffecting a settlement as if it did not exist; failure to discloseheld to violate prohibition against lawyer “dishonesty, fraud,deceit, or misrepresentation”___________1 The assistance of Naz Wehrli, a summer associate at Fried, Frank, Harris, Shriver & Jacobson LLP, in the updating of this outline is gratefullyacknowledged. The materials in III through IX are current as of 9/1/2010. Copyright, Robert E. Juceam 20100, 2010, 2009, 2008., 2007., 2005,2004, 2003, 2001, 2000.5us\JUCEARO\7667714.1