Professional Documents
Culture Documents
To the extent consistent with the lawyer's other legal duties and subject
to the other provisions of this Restatement, a lawyer must, in matters
within the scope of the representation:
(1) proceed in a manner reasonably calculated to advance a client's
lawful objectives, as defined by the client after consultation;
(2) act with reasonable competence and diligence;
(3) comply with obligations concerning the client's confidences and
property, avoid impermissible conflicting interests, deal honestly with
the client, and not employ advantages arising from the client-lawyer
relationship in a manner adverse to the client; and
(4) fulfill valid contractual obligations to the client.
For purposes of liability under § 48, a lawyer owes a client the duty to
exercise care within the meaning of § 52 in pursuing the client's lawful
objectives in matters covered by the representation.
For purposes of liability under § 48, a lawyer owes a duty to use care
within the meaning of § 52 in each of the following circumstances:
(1) to a prospective client, as stated in § 15;
(2) to a nonclient when and to the extent that:
(a) the lawyer or (with the lawyer's acquiescence) the lawyer's client
invites the nonclient to rely on the lawyer's opinion or provision of other
legal services, and the nonclient so relies; and
(b) the nonclient is not, under applicable tort law, too remote from the
lawyer to be entitled to protection;
(3) to a nonclient when and to the extent that:
(a) the lawyer knows that a client intends as one of the primary
objectives of the representation that the lawyer's services benefit the
nonclient;
(c) the nonclient is not reasonably able to protect its rights; and
(d) such a duty would not significantly impair the performance of the
lawyer's obligations to the client.
(1) For purposes of liability under § § 48 and 49, a lawyer who owes a
duty of care must exercise the competence and diligence normally
exercised by lawyers in similar circumstances.
(2) Proof of a violation of a rule or statute regulating the conduct of
lawyers:
(a) does not give rise to an implied cause of action for professional
negligence or breach of fiduciary duty;
(b) does not preclude other proof concerning the duty of care in
Subsection (1) or the fiduciary duty; and
(b) (i) the client or former client was not independently represented in
negotiating the settlement, and (ii) the settlement was not fair and
reasonable to the client or former client.
§ 58 Vicarious Liability
(1) A law firm is subject to civil liability for injury legally caused to a
person by any wrongful act or omission of any principal or employee of
the firm who was acting in the ordinary course of the firm's business or
with actual or apparent authority.