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Helping People Help Themselves: Pro Se Assistance Initiatives

Helping People Help Themselves: Pro Se Assistance Initiatives. The 2008 Illinois Legal Aid Advocates Conference November 14, 2008 Will Hornsby American Bar Association whornsby@staff.abanet.org. Ethical Considerations. When do the rules apply? Forming the Attorney-Client Relationship

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Helping People Help Themselves: Pro Se Assistance Initiatives

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  1. Helping People Help Themselves: Pro Se Assistance Initiatives The 2008 Illinois Legal Aid Advocates Conference November 14, 2008 Will Hornsby American Bar Association whornsby@staff.abanet.org

  2. Ethical Considerations • When do the rules apply? • Forming the Attorney-Client Relationship • Legal Information vs. Legal Advice • If the rules apply • Limiting the scope of representation • Confidentiality • Conflicts of Interest • Candor toward the Tribunal • UPL

  3. Forming the Attorney-Client Relationship • How it is done – In the eye of the beholder • Client believes the relationship exists • Client has a reasonable basis for the belief • Possible tests • Service to both parties • Is the service UPL if provided by a lay person? • If is legal advice or legal information? • Role of disclaimers

  4. Advice vs. Information • Is it fact-specific? • Examples

  5. If the Rules Apply • IL Rule 1.2(c) – Defining the objective of the representation • ABA MR 1.2(c) – Limiting the scope of representation • Confidentiality – Obligation to the client, which can be waived • Conflicts of Interest • ABA MR 6.5 • Candor to the tribunal

  6. The Unauthorized Practice of Law • The Definition of the Practice of Law • Providing legal services without the formation of the Attorney-Client relationship

  7. Questions/Comments

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