5 Flashcards
A lawyer needs to know _____________ and whether the lawyer is willing to take the case to determine whether to accept the case.
conflicts of interest
The duty of confidentiality applies to all information learned during the _______. Rule 1.18 Comment 3.
consultation
Keep the ______ ______ limited to only getting the information you need. Rule 1.18 Comment 4.
initial consultation
May accept _________ or ________ for safekeeping but be careful. Rule 1.18 Comment 9.
documents or property
_________ _____ _________:
1. Initial contact data collected includes the potential client’s name, contact information, and why the person seeks legal representation.
2. Using this information decide schedule, decline or refer
Before the Consultation
Before the Consultation
1. ______ _______ ______ collected includes the potential client’s name, contact information, and why the person seeks legal representation.
2. Using this information decide schedule, decline or refer.
Initial contact data
Before the Consultation
1. Initial contact data collected includes the _____________________________________.
2. Using this information decide schedule, decline or refer.
potential clients name
contract information
and why the person seeks legal representation
Before the Consultation
1. Initial contact data collected includes the potential client’s name, contact information, and why the person seeks legal representation.
2. Using this information decide _______, _______ or _______.
schedule
decline
refer
The Consultation
1. ?
2.
3.
- Explain confidentiality and the attorney-client privilege
The Consultation
1.
2. ?
3.
- Manage expectations
The Consultation
1.
2.
3. ?
Assess the Client (in addition to the claim)
The Consultation
1.
2.
3.
- Explain confidentiality and the attorney-client privilege
- manage expectations
- assess the client (in addition to the claim)
After Consultation you can either be ______ or ______ ________.
married or not married
If after the consultation you are married:
__________ and _______ a detailed engagement letter for the client to review and sign.
Prepare and send
If after the consultation you are married:
Prepare and send a _______ _____ _______ for the client to review and sign.
detailed engagement letter
If after the consultation you are married:
Prepare and send a detailed engagement letter for the client to _______ and ______.
review and sign
If after the consultation you are married:
Prepare and send a detailed engagement letter for the client to review and sign.
______ _______( and mandatory in some jurisdictions): ________ ______.
Best Practice
Engagement Letter
If after the consultation you are married:
In the engagement letter:
Be sure to ___________________.
identify your client and everyone who has authority
If after the consultation you are married:
In the engagement letter:
Be sure to identify your client and everyone who has authority.
Define at minimum:
1. ?
2.
3.
4.
5.
- Who will be doing the legal work
If after the consultation you are married:
In the engagement letter:
Be sure to identify your client and everyone who has authority.
Define at minimum:
1.
2. ?
3.
4.
5.
- The scope of limitation of the legal work (including ethical limits)
If after the consultation you are married:
In the engagement letter:
Be sure to identify your client and everyone who has authority.
Define at minimum:
1.
2.
3. ?
4.
5.
- How the client will be billed (how much and on what intervals)
If after the consultation you are married:
In the engagement letter:
Be sure to identify your client and everyone who has authority.
Define at minimum:
1.
2.
3.
4. ?
5.
- Communication practices, guidelines, and limits
If after the consultation you are married:
In the engagement letter:
Be sure to identify your client and everyone who has authority.
Define at minimum:
1.
2.
3.
4.
5. ?
- when, why, and how your representation will be terminated
Should you get an engagement letter signed?
YES, GET IT SIGNED!!
If after the consultation, you are married:
________ the client regarding the duty to __________ and find out what steps the client has already taken toward _______, if relevant.
inform
mitigate
mitigation
If after the consultation you are married:
Address _________ and _______.
preservation and spoliation
If after the consultation you are married:
______ ______.
social media
If after the consultation, you are not married:
___________ (_________) ________ thanking, explaining no attorney-client relationship exists and inform statutes of limitations, deadlines, or other time limits may affect the potential client’s matter and rights.
non-engagement (declination) letter
If after the consultation, you are not married:
Non-engagement (declination) letter thanking, explaining no ____________ __________ exists and inform statutes of limitations, deadlines, or other time limits may affect the potential client’s matter and rights.
attorney-client relationship
If after the consultation, you are not married:
Non-engagement (declination) letter thanking, explaining no attorney- client relationship exists and inform ___________ __ __________, _________, or other _____ ______ may affect the potential client’s matter and rights.
statute of limitations
deadlines
time limits
If after the consultation, you are not married:
Non-engagement letters:
1. ?
2.
3.
4.
For every consult that does not result in you being hired, send a non-engagement letter
If after the consultation, you are not married:
Non-engagement letters:
1.
2. ?
3.
4.
- Confirm the where and when of the meeting
If after the consultation, you are not married:
Non-engagement letters:
1.
2.
3. ?
4.
- Reiterate that the consultation and information shared will be kept confidential
If after the consultation, you are not married:
Non-engagement letters:
1.
2.
3.
4. ?
4.Clearly state (1) you have not formed an attorney-client relationship and (2) that you have not given any legal advice
If you are unclear about the case, you can tell them to _____ _____ _____.
seek other counsel
Agency Basis
Attorney is ______.
Client is ______.
agent
principal
Agency Basis
_______ is agent.
______ is principal.
attorney
client
Agency is characterized by:
1.
2.
- Mutual assent
- control
Agents _______ _________ includes:
*Express authority: Achieve the objectives of the representation as defined by the client.
*Implied authority: Lawyer should use legal knowledge, training, and professional judgment – consistent with legal and professional conduct obligations to achieve client objectives.
actual authority
Agent’s actual authority includes:
_______ ________: Achieve the objectives of the representation as defined by the client.
______ ________: Lawyer should use legal knowledge, training, and professional judgment – consistent with legal and professional conduct obligations to achieve client objectives.
Express authority
Implied authority
Agent’s actual authority includes:
Express Authority: ________ the _______ of the representation as defined by the client.
Achieve the objectives
Agent’s actual authority includes:
Express Authority: Achieve the objectives of the __________ as defined by the client.
representation
Agent’s actual authority includes:
Express Authority: Achieve the objectives of the representation as _______ by the _______.
defined by the client.
Agent’s actual authority includes:
Implied authority: _______ should use legal knowledge, training, and professional judgement - consistent with legal and professional conduct obligations to achieve client objectives.
Lawyer
Agent’s actual authority includes:
Implied Authority: lawyer should use ______ _______, _______ and ______ _______ - consistent with legal and professional conduct obligations to achieve client objectives.
legal knowledge
training
professional judgement
The agent cannot do anything that violates the law and if he or she does, both the _______ and the _______ face liability.
agent
principal
