A70-year ordman who ouns 5 hector of land has been informed that part his land will be compulsorily at guide by the government to construct a major highway he can not read he inherited the land forms his father who was a clan leader and all his ancestors are buried there he does not fully understand why the government is interested in his land and what will happen to him and his family he knows that his neighbor son is lawyer he informed the lawyer about it a village gathering that the lawyer attended

Question

Required
A) in the seventy year old man aclint of the lawyer
B) do advacates owe any duties to client who informally seek advice from them

Answer 1

A) In the Seventy-Year-Old Man’s Client Relationship with the Lawyer

In this scenario, the 70-year-old man is seeking legal advice from his neighbor, who is a lawyer, regarding the government's intention to compulsorily acquire part of his land. The nature of their relationship can be considered under the principles of client-lawyer interaction.

1. Informal Consultation: Since the man approached the lawyer informally during a village gathering, this does not necessarily establish a formal client-attorney relationship. However, the lawyer's willingness to provide advice could create an expectation of confidentiality and professional guidance.

2. Client Status: For the 70-year-old man to be recognized as a client, there generally should be an agreement (express or implied) to receive legal services. While there might not be a formal retainer or agreement, the lawyer’s conduct and the man's reliance on the advice may establish a tacit client relationship.

3. Protection of Interests: Even without a formal agreement, the lawyer may have a duty to provide competent guidance, especially given the man's age, inability to read, and emotional distress regarding the potential loss of familial land. Ethical considerations might compel the lawyer to act in the best interests of the individual seeking help.

B) Do Advocates Owe Any Duties to Clients Who Informally Seek Advice from Them?

Yes, advocates (lawyers) owe certain duties to individuals who seek their legal advice informally. Here are some key duties that may apply:

1. Duty of Competence: Lawyers are generally obligated to provide competent legal advice to any individual who seeks their assistance, even if no formal attorney-client relationship has been established.

2. Duty of Confidentiality: Lawyers have a duty to keep information disclosed to them by individuals seeking legal assistance confidential. This applies even in informal settings unless the individual consents to disclosure.

3. Duty to Inform: Lawyers should inform the individual of their rights and options regarding the legal issue presented. In this scenario, it would be prudent for the lawyer to explain the process of compulsory acquisition and address the man's concerns about his land and his family’s future.

4. Duty to Avoid Conflicts of Interest: Even in an informal capacity, the lawyer should ensure that providing advice to the individual does not create a conflict of interest with any other clients or obligations.

5. Ethical Considerations: Legal ethics require lawyers to act in a manner that upholds the integrity of the profession, treating all individuals with respect and providing appropriate guidance.

Conclusion

While the informal nature of the interaction between the 70-year-old man and the lawyer may limit the formal obligations typically associated with a client-lawyer relationship, ethical responsibilities still necessitate that the lawyer provide adequate counsel. The lawyer should also be sensitive to the man's unique situation and ensure he has access to information and support as he navigates this significant and distressing change.