Prompt and objective assessment of the merits, C4S5 CPRA

Section 5, Canon IV SECTION 5. Prompt and objective assessment of the merits. - A lawyer shall, after reasonable inquiry, promptly give an objective assessment of the merits and probable results of the client's case. A lawyer shall explain the viable options to the client to enable an informed decision regarding the matter. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Prompt and objective assessment of the merits a. Objective assessment After reasonable inquiry, lawyers are required to “promptly give an objective assessment of the merits and probable results of the client's case.” b. Viable options for informed decision Lawyers are required to “explain the viable options to the client to enable an informed decision regarding the matter.” 1) Information asymmetry A problem arises whenever agents, entrusted to manage the interests of another, use their authority or power for their benefit or fail to discharge their duties. In many agencies, there is information asymmetry between the principal and the entrusted agent. That is, there are facts and events that the agent must attend to that may not be known by the principal. (Ramrize v. Buhayang-Margallo, En Banc, A.C. No. 10537, February 3, 2015, Per Leonen, J.) This information asymmetry is even more pronounced in an attorney client relationship. Lawyers are expected not only to be familiar with the minute facts of their cases but also to see their relevance in relation to their causes of action or the...