(3) Professional Responsibility: Client-Lawyer Relationship

Question 1

Rule & CA difference:

Formation

Answer 1

A lawyer-client relation is formed when (1) a person seeks legal services from a lawyer; AND (2) the lawyer either (a) manifests consent to provide services, OR (b) fails to manifest lack of consent to do so AND knows or should know that the person would reasonably rely on the lawyer to provide legal services.

In CA: The reasonable perception of a purported client may determine that such person is deemed a client of the lawyer.

Question 2

Scope

Answer 2

A client controls the objectives of the representation and makes substantive decisions whereas a lawyer controls the means (tactical decisions) to accomplish those decisions but must consult with the client as to the means.

Question 3

Limiting Scope

Answer 3

A lawyer may limit the scope of the representation if (1) its reasonable under the circumstances; AND (2) the client gives informed consent.

Question 4

Advising or Assisting the Violation of Law

Answer 4

A lawyer cannot counsel a client to engage or assist a client in conduct that the lawyer knows is (a) criminal; (b) fraudulent; OR (c) a violation of any law, rule or ruling of a tribunal (CA Only)

Question 5

w/CA differences:

Advising or Assisting the Violation of Law - Exception

Answer 5

Besides the above a lawyer may (1) discuss the legal consequences of any proposed course of conduct with a client; (2) counsel/assist a client to make a good faith effort to determine the validity, scope, meaning, application of a law (CA Only); and (3) advise/assist a client with complying with CA laws even if such laws conflict with Federal law (CA Only)