Re: Zeal
As lawyers, as part of obtaining our professional liability policies, we have to attend seminars about mitigating malpractice claims.
You'd be surprised how often
--an attorney advises A,
--the client wants to do B,
--the attorney advises the client of the downsides of B, and has the client sign a document stating they understand the risks of B,
--they do B, and have a sub-optimal result,
--client sues attorney claiming they should have done A, and they weren't adequately informed of the risks of B.
Zeal is, in many jurisdictions, an outdated concept and standard. Even where it still exists, other considerations outrank it — such as candor to the tribunal.