3.03 Perspective Clients Flashcards
Perspective Client
Person Who Discuss Possibility of Forming Client-Lawyer Relationship with the LawyerDoes NOT Cover Unilateral Communications Without Any Reasonable Expectation that Lawyer is Willing to Enter, Determined by CircumstancesInvitations to Contact WITHOUT Clear Disclaimers / Warnings MAY Establish
Duties to Perspective Clients
SHALL NOT:
Use or reveal information from consultation even without ever forming a relationship except as provided in Rule 1.9 (Former Clients)
Represent client with interests material adverse in same or substantially related matter IF Received Information Significantly Harmful to the Person in the Matter UNLESS / Permissible IF:
- Both Affected and Perspective Client Give INFORMED CONSENT, OR
- Lawyer Receiving Information Took Reasonable Steps to Avoid Exposure, AND In case of a firm, the Disqualified Lawyer is Timely Screened
- AND–Written Notice is Promptly Given to Prospective Client
Note: Requires the Discussion be Limited to Minimal Information
Formation of Attorney-Client Relationship
“1. SEQUENTIAL: Person Manifests Intent for Lawyer to Provide Legal Services AND EITHER:
Formal, Lawyer Manifests Consent
Informal, Lawyer FAILS to Manifest LACK of Consent AND Lawyer KNOWS or Reasonable Should Know the Person Reasonably Relies On
OR
2.Tribunal With Power to do so Makes Appointment”
Non-Profit and Court Annexed LIMITED Legal Services
In situations where there is short-term, limited legal services, without expectation of continuing representation:
Conflicts of Interest and Duties to Former Clients apply ONLY IF the Lawyer KNOWS
AND
Imputation ONLY applies IF lawyer KNOWS”
Appointments
“SHALL NOT Seek to Avoid EXCEPT FOR Good Cause, Such As:
Likely Violation of Rules
Likely Result in Unreasonable Financial Burden
Cause is so Repugnant to Lawyer as to be Likely to Impair Lawyer-Client Relationship
Note: TN Case where lawyer still had to rep. teen petitioning to get an abortion without consent of her parents. Appointed Lawyer has same obligations to client”
A Lawyer SHALL Abide by Clients Decisions Regarding
Objectives of Representation … Consult as to the Means
Note: Clients Generally Do Not Care About Means
Note: Lawyer Has Some Implied Authority to Carry Out Representation Whether to Settle (Especially Important in Contingent Fee Cases) Plea to be Entered Whether to Waive Jury TrialWhether Client will Testify”
Scope: A Lawyer MAY Limit Representation IF
Limitation is Objectively Reasonable ANDClient Gives Informed Consent
Scope: Lawyer SHALL NOT Counsel or Assist in Crime or Fraud
Boundary of Representation
MAY discuss legal consequences of clients actions and good faith efforts to determine applicability of the law.
CANNOT Continue assisting client in activity once it is known as crime or fraud.”
COMMUNICATION (Key to Representation)
“A Lawyer SHALL
Promptly Inform the Client of Any Decision or Circumstance Requiring Informed Consent
Reasonable Consult about the Means to Accomplish Objectives
Keep Client Reasonable Informed About the Status of the Matter
Promptly Reply to Reasonable Requests for Information
Consult about any relevant limitation on lawyers conduct, knows client expects assistance NOT permitted by Rules or Laws
Explain in a manner reasonably necessary for client to make informed decisions.”
Apparent Authority
Basis of Clients NOT Lawyers Manifestations
Third Party or Tribunal Reasonably Assumes Lawyer is Authorized
Actual Authority
Client has Expressly or Impliedly Authorized the action
Authority concerning the act is reserved to the lawyer (cannot restrict lawyers ability to practice law after termination of relationship, except incident to retirement)
Client Ratifies the Act
Actual Authority ENDS When
Client Discharges
Persons Death or Corporation Loses Capacity to Function
Lawyer Withdraws, Dies, Becomes Incapacitated, Disbarred or Suspended, or Order of Tribunal
OR
As provided by contract or completed contemplated services
Note: Relationship May End, but the Privilege May Continue
Note: It is important to make the status of the situation / relationship clear to the client.”
Lawyer SHALL NOT Represent / SHALL Withdraw IF
Violation of Rules or Other Law
Physically or Mentally Impaired
OR
Discharged”
Lawyer MAY Withdraw IF
Without materially adversely affecting client
NOTE: Reasonable Steps to Protect Client’s Interests
Client PERSISTS in course REASONABLY BELIEVES is Crime or Fraud
Client USED services in Crime or Fraud
Client INSISTS on course considered repugnant / fundamental disagree
Client FAILS to SUBSTANTIALY Fulfill Obligation and Given REASONABLE Warning
UNREASONABLE Financial Burden on Lawyer
Note: Applies to contingency fee cases mostly, not an easy standard to meet.
OR UNREASONABLY Difficult by Client / Other Good Cause
