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Question 1

How does a lawyer act for a client

Answer 1

As an agent and an advisor.

Question 2

Is the knowledge of the lawyer imputed to the client?

Answer 2

Yes, agent’s knowledge attributed to the principal - giving notice to lawyer of court scheduling is attributed to the client.

Question 3

What is the defense for a client if knowledge is being imputed to the client

Answer 3

Only option is to say that he wasn’t told anything.

Question 4

Are client’s bound by a lawyer’s errors?

Answer 4

Yes. There is generally no immediate recourse for lawyer misconduct, with some exceptions.

Question 5

What are some exceptions for recourse for lawyer misconduct?

Answer 5

Malpractice suit. In criminal case will need to show the ineffective assistance of counsel or a wrong plea

Question 6

What about tactical mistakes?

Answer 6

Still bind the client. Remedy is malpractice. Don’t want to burden the other side.

Question 7

Improper collection of fees

Answer 7

If a lawyer acts improperly when collecting fees and the defendant sues the client and the firm in tort the results are split.
- Firm is an independent contractor when pursuing its fees.

OR

• Firm is still representing the client.

Question 8

Authority to settle

Answer 8

The lawyer must absolutely communicate settlement offers to the client, no matter how ridiculous they may be.

Question 9

Duty to inform and Advise. R.1.4

Answer 9

There is an extensive duty to inform and advise the client.

Question 10

Points on duty to inform

Answer 10

Clients are entitle to make decisions about big picture tactics and the general means to achieve some end.
The lawyer must keep the client reasonably informed of the means but does not need to tell the client about all of the details.

Question 11

Take away about duty to inform

Answer 11

The lawyer must inform the client of everything. Send a client a copy of every document filed but there is no ethical responsibility to do so.

Question 12

Client’s right to know

Answer 12

The most crucial part is to communicate all settlement offers. Part of end result is client’s decision.

Question 13

What about information outside of the scope of representation

Answer 13

Lawyers often hired to take a certain action may or may not be required to volunteer more information.

Question 14

What is the lawyer’s duty for relaying information outside of the scope of representation

Answer 14

The lawyer has a duty to answer questions and volunteer options that serve the client’s interests.

Duty extends beyond the specific task and spreads at least to downside risks.

Question 15

Duty to inform vs. Duty of loyalty

Answer 15

Problematic. You are required to withdraw from representing one or both clients if the lawyer recognizes the necessity of revealing confidential information relating to one client in order to effectively carry out the representation of another client.

Question 16

What is the risk?

Answer 16

Problematic to give a client numerical odd because it implies a certain level of exactness. You need to give the client enough information to make an informed decision

Question 17

What about if the partners disagree about a certain outcome?

Answer 17

The client is entitled to a firm opinion and explanation of risks but not the fact that partners disagree on the outcome.

Question 18

Autonomy R. 1.2

Answer 18

This comes down to the freedom of choice when representing a client vs. the client’s freedom of choice.

Question 19

Scope of representation 1.2c

Answer 19

can limit the scope of representation only with informed consent.

Question 20

Scope of representation 1.2b

Answer 20

Thoughts and views of the lawyer are not attributable to the lawyer.

Question 21

Public defender within the scope of authority

Answer 21

1. Cannot plead guilty without the client consent.
2. Cannot make the client testify
3. Cannot decline to appeal the case if the appeal is available.

Question 22

Does client have the right to expect the lawyer to file an appeal?

Answer 22

Generally yes. Unless an Anders brief is filed explaining that there is no real grounds for an appeal; no errors and would be frivolous to file.

Question 23

Duty to inform the other side of a mistake

Answer 23

A lawyer cannot tell the other side of the error without first consulting the client because it would be disadvantageous to the client.
A lawyer can talk to the client and explain the situation because there will be later problems but if the client refuses the lawyer must stay quiet.

Question 24

Diminished Capacity R. 1.14

Answer 24

Usually need to get a guardian ad litem appointed.

Question 25

Termination by client

Answer 25

Client can fire the lawyer for any reason based on client autonomy. Any exceptions to this are due to outside forces. Appointed lawyers can’t be fired by indigent criminal defendants. The defendant can ask for a new lawyer or appear pro se.

Question 26

Uncollected fees

Answer 26

A lawyer can ask for fees in quantum merit but it is tough to get these if the paid services haven’t matured. It is unethical to force the client to pay for a non-refundable retainer.

Question 27

Termination by lawyer R. 1.16

Answer 27

A lawyer can terminate but the ability to do so is constrained.

Question 28

Constraints on termination by lawyer

Answer 28

Leaving without a good reason can be deemed abandonment. Cannot cause disadvantage to the client. The lawyer must prepare and arrange for another lawyer to take over the case.