92 Selected Reform Responsa
stumbling block before the blind.” This would include reporting someone who provides incorrect advice which might lead to criminal acts or to a considerable financial loss(Yad Hil. Rotzeah 12.4; Jakob Breish, Helkat Yaaqov III 136; Elijah of Vilna , Biur Hagra, Yoreh Deah 295.2; Joshua Falk , Peri Megadim, Orah Hayim 443.5, 444.6). We must also ask about the status of attorneys in Jewish law. Generally, attorneys are not used in the traditional Jewish courts, although they have sometimes been appointed by the court(Ribash Responsa#235; Meir of Rothenburg Responsa#357). In other words, the litigants and the witnesses are present in person(M. Mak 1.9; Yad Hil. San. 21.8). Exceptions are only made when the individual involved is unavoidably absent or is too timid to defend himself (Tos. to Shev. 31a; Tur Hoshen Mishpat 123.16; also Bet Yosef).
When an attorney is appointed, the fiction is created that he acts entirely on his own behalf. He, therefore, has complete power of attorney for the defendant(B. K. 70a; Yad Hil. Sheluhin Veshutafin 3.7; Shulkhan Arukh Hoshen Mishpat 122-123; Arukh Hashulhan Hoshen Mishpat 124).
There was, in other words, a reluctance to use attorneys, but by the late Middle Ages, they have been admitted to court, especially if the parties involved were present and their reaction could be watched. Such attorneys are paid by a fee for their services(Rif, Responsa#157; Rashba , Responsa I1#393, 111#141, V#287, etc.).
An attorney, therefore, acts as an agent and the laws of the agency apply to him. There is a legal presumption that an agent properly performs the duties assigned to him(Git. 64a); any agent is considered to have been appointed by a client to benefit and not to harm him(Kid. 42b). In this instance, the attorney might be considered akin to both an agent and an expert. Experts who are paid for their advice are liable if their opinion proves to be wrong (B. K. 99bff; Simon ben Zemah of Duran, Responsa II,#174).
As the lawyer in question has not been ethical and has provided improper guidance to his client, it is the duty of the attorney to inform the Bar Association or other appropriate authorities of the misconduct which he suspects. This course of action should be followed in criminal and civil procedures.