If a advocate represented the POA and not the principle?
If the POA is doing legal things for the principle but the lawyer is doing things for the POA's interest and doesn't notify the principle can you hold the advocate countable?
Answers:
The power of attorney creates an agent-principle relationship.
It sounds like you are asking more or less a situation where the agent is the lawyer's client, and the lawyer is acting contained by the best interests of the agent-client, and not in the third-person (the principle).
The bottom line is that the attorney has a fiduciary to their client, and must act contained by that client's interests. If the lawyer represents the agent, then to be exact to who the lawyer owes their duty. And because of duty of confidentiality, the lawyer cannot 'tattle' on their client, even if that client is someone else's agent.
In contrast, if the legal representative represents the principle, and the lawyer is aware of someone harming the principle's interests, next (absent some other duty of confidentiality, which would create an ethical conflict) the lawyer should tell the client (principle) what they know.
So, it adjectives depends on who the lawyer represents.
You should probably tag on more to your question. It's not clear in it's current form. Even if you hold to make up names, create a bit more of a story scenario to assist others surrounded by providing you with a best answer.
A lawyer's only accountability is to his client. Your message doesn't say who is the lawyer's client.
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Answers:
The power of attorney creates an agent-principle relationship.
It sounds like you are asking more or less a situation where the agent is the lawyer's client, and the lawyer is acting contained by the best interests of the agent-client, and not in the third-person (the principle).
The bottom line is that the attorney has a fiduciary to their client, and must act contained by that client's interests. If the lawyer represents the agent, then to be exact to who the lawyer owes their duty. And because of duty of confidentiality, the lawyer cannot 'tattle' on their client, even if that client is someone else's agent.
In contrast, if the legal representative represents the principle, and the lawyer is aware of someone harming the principle's interests, next (absent some other duty of confidentiality, which would create an ethical conflict) the lawyer should tell the client (principle) what they know.
So, it adjectives depends on who the lawyer represents.
You should probably tag on more to your question. It's not clear in it's current form. Even if you hold to make up names, create a bit more of a story scenario to assist others surrounded by providing you with a best answer.
A lawyer's only accountability is to his client. Your message doesn't say who is the lawyer's client.
Related Questions: