Ethics and the governmental environmental attorney. Brent Foster, Special Counsel to the Oregon Attorney General Brent.firstname.lastname@example.org. “Legal” ethics compared to “Environmental” ethics. Ethical issues facing governmental environmental attorneys: Duty to the law;
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Special Counsel to the Oregon Attorney General
RULE 3.1 MERITORIOUS CLAIMS AND CONTENTIONS
In representing a client or the lawyer’s own interests, a lawyer shall not knowingly bring or defend a proceeding, assert a position therein, delay a trial or take other action on behalf of a client, unless there is a basis in law and fact for doing so that is not frivolous…
RULE 3.3 CANDOR TOWARD THE TRIBUNAL
(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
Authority to advise client of the social and environmental implications of a given action
ORPC RULE 2.1 ADVISOR
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation.
RULE 1.2 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER