Ethical Contract Agreement

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Ethical Contract Agreement

The ABA`s Informal Notice 86-1518 addressed the issue and concluded that, pursuant to Rules 1.2 and 4.1, a lawyer is required to notify the other lawyer of the missed time limit and agree to a reform of the letter. A lawyer could claim that he informed his client of the omission and, while the lawyer would obviously be ready to reveal it, he had a duty to zealously represent his client who insisted on taking advantage of the situation. The notice concluded that, since the client had already agreed to include the duration of the contract, the lawyer did not even need to consult with the client before agreeing to a reform of the contract. Curiously, the Maryland State Bar Association Committee on Ethics looked into the same topic in ethics Docket 89-44 and, without mentioning the ABA`s opinion, came to the opposite conclusion. .