Also known as: other considerations · alternative consideration
Written by attorneys · grounded in primary & secondary sources — see below
A factor beyond strict legal rules that a lawyer may incorporate when rendering advice to a client. The factor may include moral, economic, social, or political elements relevant to the client's situation.
Omar, a board member of Atlantic Metal, asked Drake to prepare a memo limited to labor-cost savings and local statutory exposure for a new plant. Drake knew of repeated strikes, international protests, and prior shareholder losses from similar projects. Drake included reputational and political factors in the memo to give candid advice.
Elena, general counsel for a hospital chain, was asked by the CEO for a memo on acquiring a rural clinic. The transaction complied with all licensing statutes yet would reduce local charity care. Elena included the social and economic effects on the surrounding community in her advice.
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Marcus, outside counsel to a tech startup, reviewed a proposed acquisition that raised no antitrust issues. The target had recently been accused of labor violations in the press. Marcus added the potential political and reputational fallout for the client to his written analysis.
Priya, in-house counsel at a pharmaceutical firm, prepared advice on launching a new drug already cleared by regulators. Internal data suggested the drug might be over-prescribed in low-income communities. Priya incorporated those moral and social considerations into the memo.
Javier advised a family-owned retailer on lease-renewal options that satisfied every contractual clause. Renewal would require laying off long-term employees in a small town. Javier included the broader economic consequences for the client's workforce and community standing.
Sofia prepared a compliance memo for a nonprofit planning a public-awareness campaign. The activity raised no legal barriers under current statutes. Sofia nevertheless discussed the shifting political environment and potential donor reactions that could affect the client's mission.
A lawyer may discuss moral, economic, social, and political factors when they are relevant to the client's situation. The rule permits reference to these factors while still requiring independent professional judgment and candid advice.
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No. The rule uses permissive language and states that a lawyer may refer to other considerations. Client instructions and the scope of the engagement may limit the topics addressed.
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The lawyer must still exercise independent professional judgment. If known risks make the omitted factors material, the lawyer should consider whether limiting the advice remains consistent with the duty of candor.
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…protection. This conclusion, however, does not of itself fully answer the contentions raised by Texas, and we pass on to other considerations. V The State has a legitimate interest in seeing to it that abortions are performed by physicians, rather than by unlicensed persons, in a licensed hospital or other appropriate…