Understanding What Attorneys Can and Cannot Do for Your Business
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Chapter 1: Misconceptions About Legal Counsel
During my seven years as a legal representative in Canada, I encountered numerous misunderstandings regarding the roles and limitations of attorneys. While my experience primarily revolved around criminal law, the insights I gained are relevant across various lawyer-client interactions, including those involving businesses. Here are four things a lawyer cannot do, alongside one crucial capability.
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Section 1.1: The Truth About Legal Representation
One of the most prevalent myths about attorneys is the belief that they can lie on behalf of their clients. In reality, attorneys are strictly forbidden from distorting the truth in any legal proceedings or communications.
For instance, a lawyer cannot misrepresent your business's status during negotiations or use a defense in a wrongful dismissal case if they know it doesn't apply. They cannot falsely claim that you missed a court hearing due to a medical emergency when you're actually on vacation.
However, this doesn't imply that a criminal lawyer can't defend a client they suspect is guilty. It simply means that their approach to representation is bound by ethical standards.
Section 1.2: Facts Are Non-Negotiable
Clients often mistakenly believe that hiring an attorney can alter established facts. For example, a lawyer cannot change the reality of a situation, such as an employee's dismissal, simply because their client wishes it to be so. If a client was at a specific location during a critical time, the lawyer cannot assert otherwise, even if they remain silent about it.
Lawyers can, however, propose alternative interpretations of facts based on the information available, but they cannot fabricate new facts.
Chapter 2: Ethical Obligations and Legal Limitations
The first video discusses whether to hire an attorney or a legal service for your small business legal needs, providing valuable insights into when legal representation is necessary.
Section 2.1: Upholding Ethical Standards
Lawyers are bound by a strict code of ethics to maintain their licenses. They must adhere to various obligations, including competence, diligence, and loyalty to their clients, which can vary by jurisdiction. If a client instructs a lawyer to engage in unethical behavior, such as lying, the lawyer must refuse and may need to withdraw from the case.
Section 2.2: The Immutable Nature of Law
While legal interpretations can vary, the law itself does not change based on personal circumstances. A skilled lawyer can help clarify the law and present your case in the best light, but they cannot alter the fundamental principles of law.
For example, if you owe money for a contract, a lawyer will likely advise you to fulfill your financial obligations rather than attempt to evade them.
The second video reveals three secrets that your business lawyer may not want you to know, shedding light on the intricacies of legal representation.
Chapter 3: The Role of a Lawyer in Your Business
A lawyer's primary function is to help you navigate the legal landscape effectively. They act as a filter, organizing facts and presenting them in a way that maximizes your chances of a favorable outcome.
Think of your attorney as a TikTok filter for your legal challenges, emphasizing beneficial aspects while downplaying less favorable ones, all while adhering to legal protocols.
In conclusion, while lawyers have their limitations, they play a crucial role in helping clients achieve the best possible outcomes by skillfully managing the facts and applying the law.