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Old 08-25-2010, 01:47 PM
Jimmy Chitwood Jimmy Chitwood is offline
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Join Date: Mar 2003
Location: Near Philadelphia
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The only legal sense in which I can recall hearing "should" used is as part of the general aspirational guidelines for professional conduct. In Pennsylvania, for instance,
Quote:
In all professional functions a lawyer should be competent, prompt and diligent. A lawyer
should maintain communication with a client concerning the representation. A lawyer should keep in
confidence information relating to representation of a client except so far as disclosure is required or
permitted by the Rules of Professional Conduct or other law.
That's from the preamble of the Rules. You'd never actually be in violation of those guidelines specifically, but of the actual rule that governs whatever conduct you were engaged in (and which would say "shall" or "shall not... unless" or something). This seems roughly analogous to the manual you're looking at, so it's possible that they're using it in the same aspirational sense.

Last edited by Jimmy Chitwood; 08-25-2010 at 01:47 PM.