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!!
