ABSTRACT

This chapter describes the counseling methods that will enable the client and lawyer to come together to prepare their objectives of representation and describe path that will follow. This predictive plan should set forth estimates of time, costs and decision points based upon the client’s goals and the lawyer’s experience in similar matters. The ethical rules are clear that the lawyer is expected and entitled to give their candid advice, not just their legal advice. Also, Model Rule 1.2 makes clear that representing a client does not constitute approval of the client’s views or activities. Lawyers and legal processes are often seen by clients as tools to accomplish their economic goals. The lawyer can encourage engagement of political consultants or, with the client’s involvement, meet with local planning officials and elected representatives to help quantify the zoning bonuses or variances available as a result of maintaining a cohesive tenant base, in addition to the new development potential of revised entitlements.