THIS ARTICLE IS INTENDED TO SUPPORT THE READER’S AWARENESS AND UNDERSTANDING. IT IS NOT LEGAL ADVICE. IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.
A Preliminary Legal Guidance Report Is An Early Neutral Evaluation Based, Non- Binding, Preliminary Legal Inquiry Analysis Based Report Tendered In Order To Help Family Members Reconcile Their Estate and /or Elder Care Transition Conflict Related Matter By Enabling Them To Begin To Know and Understand An Explanation Of The Legal Basis, Foundation , Or Reasoning Supporting The Potential Answer The Foremost , Key , Root Legal Question(s) At Issue Or Cause Within The Conflict.
Preliminary Legal Study Or Inquiry Analysis Basis
The prospect of a significant dispute or conflict exists concerning complex and often contentious estate and elder care transition related issues such as : the incapacity of a family member, the least restrictive form of intervention, the allocation and administration of care taking, compensation and future costs to family members and others for that care giving, the administration of finances by family members and others , family held business issues, the potential cost of future health care , a mentally or physically challenged adult child, the transfer out of a family home, the transfer and allocation of assets to one or more family members , financial disparity among heirs , financial dependency of others upon the incapacitated family member, multiple marriage families , revocable and irrevocable trust issues , guardianships, powers of attorney, estate administration , etc.
A lawyer is required to be impartial between commonly represented clients. Thus, when the relationship between the parties in an estate and elder care transition matter has assumed contentiousness or antagonism, representation of multiple clients is improper because it is unlikely that the lawyer can maintain impartiality. See Pennsylvania Rules Of Professional Conduct 1.7. Comment (29)
Even where there is no direct adverseness, a conflict of interest exists if a lawyer is asked to represent several individuals . Such lawyer is likely to be materially limited in his or her ability to recommend or advocate all possible positions that each might take because of the lawyer’s duty of loyalty to the others. The conflict in effect forecloses alternatives that would otherwise be available to the client. See Pennsylvania Rules If Professional Conduct 1.7. Comment (8)
Further, attorney-client privilege and client-lawyer confidentiality rules often do not provide the appropriate framework for individual family member interests to become adequately considered in many estate and elder care transition related situations involving joint or common attorney- client representation. The need to keep each client adequately informed and yet maintain confidentiality of information related to the representation of each client can be quite difficult. Continued common representation will almost certainly be inadequate if one client asks the lawyer not to disclose to the other client information relevant to the common representation. This is so because the lawyer has an equal duty of loyalty to each client, and each client has the right to be informed of anything bearing on the representation that might affect that client’s interests and the right to expect that the lawyer will use that information to that client’s benefit. See Pennsylvania Rules Of Professional Conduct 1.7.Comment (31) citing Pennsylvania Rules Of Professional Conduct 1.4
Additionally, since there is no actual attorney-client privilege concerning communications between each of them and their common attorney in such situations, any confidential communication between each of the clients and that common attorney is not easily accommodated. The prevailing rule is that, as between commonly represented clients, the privilege does not attach. Hence, it must be assumed that if litigation eventuates between the clients, the privilege will not protect any such communications. See Pennsylvania Rules Of Professional Conduct 1.7. Comment (30)
As a result of these client-lawyer confidentiality and the attorney-client privilege implications , the hidden desires of such multi-party clients are seldom adequately disclosed in the presence of one another or the attorney, forcing the attorney to work with incomplete information and potentially incorrect assumptions.
On the other hand, suggesting separate legal representation is not necessarily the answer. As lawyers in individual client relationships would need to strictly maintain client confidences and represent one individual against another , this option likely does not serve the interests of all the parties in multi-party client situations as readily as a lawyer serving those parties as an evaluative third party neutral within a customer service relationship . Such lawyer impartially endeavors to first discover and frame and then research, study, analyze and evaluate the particular key, first and foremost root legal question(s) at issue or cause within the conflict matter in order to develop and convey an explanatory, preliminary legal research, study, analysis and evaluation based guidance report , or preliminary legal guidance report , concerning that particular question for the common group .
A lawyer serving as a third-party neutral within a family group does not represent any particular family member as a lawyer-client service provider. See Pennsylvania Rules Of Professional Conduct 2.4(b). Rather, that lawyer is serving the group as an evaluative, third-party neutral , customer service provider . Thus, the protection of a client-lawyer relationship and the attorney-client evidentiary privilege does not exist with respect to the provision of such services . See Pennsylvania Rules Of Professional Conduct 2.4(b). Comment 3. Accordingly, as a third party neutral lawyer does not have an equal duty of loyalty to each family member as would a lawyer-client service provider , each family member does not have a client’s right to be informed of anything bearing on the representation that might affect that family member’s interests and each family member does not have a client’s right to expect that the third party neutral lawyer will use such information to that particular family member’s benefit. Therefore, third-party neutral lawyer-customer service can be provided to the group even if one or more family members ask the lawyer not to disclose to other family members information relevant to the particular conflict matter.
An impartial , neutral lawyer who is both trained in legal inquiry analysis , as well as knowledgeable concerning that subject matter , can help families to first understand and then amicably explain and resolve family impacting issues in conflict while preserving good estate and elder care transition planning.
The third-party neutral lawyer may consult with many family members in order to develop a more complete picture of the family’s needs and perspectives, conferring on a confidential basis with each person, asking tough questions and challenging rigidly held views. As each person in the family knows he or she can speak confidentially with the lawyer acting as a neutral and evaluative mediator-consultant , that lawyer can bridge the communication gap by increasing the probability of fuller disclosure. Only information that is authorized to be disclosed by each person will be shared with others.
Such evaluative lawyer consultant can help the parties explain and clear up areas of ambiguity and guide them in the impartial research, discovery, framing, analysis and evaluation of the particular key , foremost, root legal question at issue within an actual or potential conflict or dispute. Ultimately, a written preliminary legal guidance report concerning the legal basis, foundation or cause of suggested answer to that particular key legal question can be composed and then sent to all parties. Such report can support the family’s understanding of the most fundamental basis or foundation of any potential legal cause of action in a more calm , clear , accurate , effective and explanatory manner..
The proposed course of action or guidance report is preliminary for three basic reasons : A. The report is narrowly focused only upon particular, specific, narrow , root or key question at issue within a larger estate and elder care transition related matter consisting of multiple questions at issue B. The report is based upon incomplete and non- litigated facts concerning that key question at issue C. The reporting service role is not to advocate or argue on behalf of a client or customer position; rather, it is to explain and communicate an impartial discovery, framing, research, study, analysis and evaluation of the legal considerations relevant to the particular, specific, narrow, key , root question(s) at issue or cause within a larger estate and elder care transition related conflict related matter .
The goal of the preliminary legal guidance report service is to help service recipients begin to make well informed, understanding and wise decisions concerning the resolution of that conflict or dispute.
As the preliminary legal guidance report contains preliminary and non-exhaustive guidance about the specific key question(s) at issue or cause in conflict or potential conflict, the individuals receiving the report should seek reliance level legal advice and assistance concerning the final evaluation and implementation of any suggested action plan from an attorney acting as their lawyer- client service provider. Such report can be reviewed by the attorney to support him or her in the preparation and implementation of a sound estate and elder care transition related plan for his or her clients. As common representation by a lawyer is permissible where the clients are generally aligned in interest even though there is some difference in interest among them, the lawyer may then seek to establish or adjust a relationship between clients on an amicable and mutually advantageous basis , seeking to settle or resolve potentially adverse interests by further developing the parties’ mutual interests. See Pennsylvania Rules Of Professional Conduct 1.7. Comment (28)
Preliminary Biblical Study Notes Of Relevance (KJV) :
A. A Cause Of Ought , Fault Or Trespass Against Your Brother
1.
But I say unto you, That whosoever is angry with his brother without a cause shall be in danger of the judgment: …..See Matt. 5:22
Therefore if thou bring thy gift to the altar, and there rememberest that thy brother hath ought against thee; Leave there thy gift before the altar, and go thy way; first be reconciled to thy brother, and then come and offer thy gift. Agree with thine adversary quickly, whiles thou art in the way with him; See Matt 5:23-25 (a)
…lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison.Verily I say unto thee, Thou shalt by no means come out thence, till thou hast paid the uttermost farthing.See Matt 5:25(b)-26
Moreover, if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother. See Matt 18: 15
But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. See Matt 18: 16
And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican. See Matt 18: 17
2.
Thou shalt not raise a false report: put not thine hand with the wicked to be an unrighteous witness. 2 Thou shalt not follow a multitude to do evil; neither shalt thou speak in a cause to decline after many to wrest judgment:3 Neither shalt thou countenance a poor man in his cause. 4 If thou meet thine enemy’s ox or his ass going astray, thou shalt surely bring it back to him again. 5 If thou see the ass of him that hateth thee lying under his burden, and wouldest forbear to help him, thou shalt surely help with him.6 Thou shalt not wrest the judgment of thy poor in his cause. 7 Keep thee far from a false matter; and the innocent and righteous slay thou not: for I will not justify the wicked.8 And thou shalt take no gift: for the gift blindeth the wise,and pervertetht he words of the righteous.9. Also thou shalt not oppress a stranger: for ye know the heart of a stranger, seeing ye were strangers in the land of Egypt. See Exodus 23:1-9
And the Philistine said, I defy the armies of Israel this day; give me a man, that we may fight together. … Now Saul, and they, and all the men of Israel, were in the valley of Elah, fighting with the Philistines. .. And David rose up early in the morning, and left the sheep with a keeper, and took, and went, as Jesse had commanded him; and he came to the trench, as the host was going forth to the fight, and shouted for the battle…. And David left his carriage in the hand of the keeper of the carriage, and ran into the army, and came and saluted his brethren. And as he talked with them, behold, there came up the champion, the Philistine of Gath, Goliath by name, out of the armies of the Philistines, and spake according to the same words: and David heard them. And the men of Israel said, Have ye seen this man that is come up? surely to defy Israel is he come up: and it shall be, that the man who killeth him, the king will enrich him with great riches, and will give him his daughter, and make his father’s house free in Israel. And David spake to the men that stood by him, saying, What shall be done to the man that killeth this Philistine, and taketh away the reproach from Israel? for who is this uncircumcised Philistine, that he should defy the armies of the living God? And the people answered him after this manner, saying, So shall it be done to the man that killeth him. And Eliab his eldest brother heard when he spake unto the men; and Eliab’s anger was kindled against David, and he said, Why camest thou down hither? and with whom hast thou left those few sheep in the wilderness? I know thy pride, and the naughtiness of thine heart; for thou art come down that thou mightest see the battle. And David said, What have I now done? Is there not a cause? And he turned from him toward another, and spake after the same manner: and the people answered him again after the former manner. See 1 Sam 17:10, 19, 20, 22,23,25 -30
And Jonathan spake good of David unto Saul his father, and said unto him, Let not the king sin against his servant, against David; because he hath not sinned against thee, and because his works have been to thee-ward very good: For he did put his life in his hand, and slew the Philistine, and the LORD wrought a great salvation for all Israel: thou sawest it, and didst rejoice: wherefore then wilt thou sin against innocent blood, to slay David without a cause? See 1 Sam 19:4-5
And Satan stood up against Israel, and provoked David to number Israel.2 And David said to Joab and to the rulers of the people, Go, number Israel from Beersheba even to Dan; and bring the number of them to me, that I may know it. 3 And Joab answered, The LORD make his people an hundred times so many more as they be: but, my lord the king, are they not all my lord’s servants? why then doth my lord require this thing? why will he be a cause of trespass to Israel? See I Chron 21:1 -3
Plead my cause, O LORD, with them that strive with me: fight against them that fight against me. 7 For without cause have they hid for me their net in a pit, which without causethey have digged for my soul. 19 Let not them that are mine enemies wrongfully rejoice over me: neither let them wink with the eye that hate me without a cause. 20 For they speak not peace: but they devise deceitful matters against them that are quiet in the land. 23 Stir up thyself, and awake to my judgment, even unto my cause, my God and my Lord. 24 Judge me, O LORD my God, according to thy righteousness; and let them not rejoice over me. 27 Let them shout for joy,and be glad, that favour my righteous cause: yea, let them say continually, Let the LORD be magnified, which hath pleasure in the prosperity of his servant. See Ps 35:1 , 7 , 20, 23 , 24 , 27
They that hate me without a cause are more than the hairs of mine head: they that would destroy me, being mine enemies wrongfully, are mighty:…. See Ps 69:4 .
Let the proud be ashamed; for they dealt perversely with me without a cause: but I will meditate in thy precepts.See Ps 119:78
Princes have persecuted me without a cause: but my heart standeth in awe of thy word. See Ps 119:161
But this cometh to pass, that the word might be fulfilled that is written in their law, They hated me without a cause. See John 15:25
From Strong’s Concordance
Old Testament Hebrew
“Cause”
reeb – a contest (personal or legal) : – + adversary , cause, chiding, contend(-tion), controversy, multitude ( from the marg.) ,pleading, strife, striv(ing), suit .
dabar – a word, by implication -a matter or thing- adv. a cause …
chinnam -gratis-devoid of cost, reason, or advantage : without a cause (cost,wages) causeless, to cost nothing, free(-ly), innocent, for nothing( nought), in vain.
sheqer – an untruth; by implication a sham (often adv.) , without a cause, deceit (-ful), false (-hood,-ly), feignedly, liar, +lie, lying, vain (thing) , wrongfully.
“Trespass”
ashmah – guiltiness , a fault , the presentation of a sin-offering:- offend, sin, (cause of) tresspass(ing, offering)
The New Testament Greek
“Cause”
dorean : gratuitously (literally or figuratively ) – without a cause , freely, for nought, in vain.
eike ; idly, i.e. without reason ..:—.. a cause i.e without reason or effect, : without a cause , (in) vain (-ly)
“Trespass”
hamartano .. to miss the mark (and so not share in the prize), i.e. (figuratively) to err, especially (morally) to sin:—for your faults, offend, sin, trespass.
“Ought”
tis; an enclitic indefinite pronoun; some or any person or object:—a (kind of), any (man, thing, thing at all), certain (thing), divers, he (every) man, one (X thing), ought, + partly, some (man, -body, – thing, -what), (+ that no-)thing, what(-soever), × wherewith, whom(-soever), whose(-soever).
“Fault”
elegcho ; of uncertain affinity; to confute, admonish:—convict, convince, tell a fault, rebuke, reprove.
paraptoma ; a side-slip (lapse or deviation); i.e. (unintentional) error or (willful) transgression- fall, fault, offence, sin, trespass.
B. Slow To Anger
And refused to obey, neither were mindful of thy wonders that thou didst among them; but hardened their necks, and in their rebellion appointed a captain to return to their bondage: but thou art a God ready to pardon, gracious and merciful, slow to anger, and of great kindness, and forsookest them not. See Neh 9:17
The LORD is merciful and gracious, slow to anger, and plenteous in mercy. See Ps 103:8
The LORD is gracious, and full of compassion; slow to anger, and of great mercy. See Ps 145:8
A wrathful man stirreth up strife: but he that is slow to anger appeaseth strife. See Prov 15:18
He that is slow to anger is better than the mighty; and he that ruleth his spirit than he that taketh a city. See Prov 16:32
And rend your heart, and not your garments, and turn unto the LORD your God: for he is gracious and merciful, slow to anger, and of great kindness, and repenteth him of the evil. See Joel 2:13
And he prayed unto the LORD, and said, I pray thee, O LORD, was not this my saying, when I was yet in my country? Therefore I fled before unto Tarshish: for I knew that thou art a gracious God, and merciful, slow to anger, and of great kindness, and repentest thee of the evil. See Jon 4:2
The LORD is slow to anger, and great in power, and will not at all acquit the wicked: the LORD hath his way in the whirlwind and in the storm, and the clouds are the dust of his feet. See Nah 1:3
He that is soon angry dealeth foolishly: and a man of wicked devices is hated.See Prov 14:17
For a bishop must be blameless, as the steward of God; not self willed, not soon angry, not given to wine, no striker, not given to filthy lucre; See Titus 1:7
From Strong’s Concordance
The Old Testament Hebrew
“Anger”
‘aph-(from a prim. root of ‘anaph- to breathe hard i.e be enraged – be angry (displeased) ); prop. the nose or nostril; hence the face , and occasionally a person ; also (from the rapid breathing in passion) ire : – anger(-gry) + before, countenance, face + forbearing , forehead, + [long-] suffering, nose, nostril, snout , *worthy, wrath
The New Testament Greek
“Angry”
kaphah – ; a prim. root ; prop. to bend , i.e. (fig) to tame or subdue:-pacify
C. Gently Restore Your Brother In The Spirit Of Meekness
Brethren, if a man be overtaken in a fault , ye which are spiritual , restore such a one in the spirit of meekness, considering thyself, lest thou also be tempted . See Gal. 6:1
The New Testament Greek
“Fault”
paraptoma ; a side-slip (lapse or deviation); i.e. (unintentional) error or (willful) transgression- fall, fault, offence, sin, trespass.
D. A Good Report
I beseech Euodias, and beseech Syntyche, that they be of the same mind in the Lord. And I intreat thee also, true yokefellow, help those women which laboured with me in the gospel, …..Finally, brethren, whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report; if there be any virtue, and if there be any praise, think on these things. Those things, which ye have both learned, and received, and heard, and seen in me, do: and the God of peace shall be with you. See Phil. 4 2-3a, 8-9.
The New Testament Greek
“Good”
εὖ, adverb, .. well: .. to do well i. e. act rightly …
“Report”
phḗmē, a saying, i.e. rumor (“fame”):—fame.
“Good Report “
eúphēmos, … well spoken of, i.e. reputable:—of good report.
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