6 Flashcards
Model Rule 1.2
Scope of Representation & Allocation of Authority Between Client and Lawyer
An important limit on lawyers: A lawyer shall not counsel a client to engage or assist a client in conduct that the lawyer knows is __________ or ________. MRPC 1.2.
criminal or fraudulent
Rule 1.4 Communication.
A lawyer shall:
_______ ______ the client of any decision or circumstance with respect to which the client’s informed consent is required by these rules.
promptly inform
Rule 1.4 Communication.
A lawyer shall:
Promptly inform the client of _____ _______ or ________ with respect to which the client’s informed consent is required by these rules.
any decision or circumstance
Rule 1.4 Communication.
A lawyer shall:
(1)
Promptly inform the client of any decision or circumstances with respect to which the client’s informed consent is required by these rules.
Rule 1.4 Communication.
A lawyer shall:
Promptly inform the client of any decision or circumstances with respect to which the _____ ______ _______ is required by these rules.
client’s informed consent
Rule 1.4 Communication.
A lawyer shall:
(2) ______ _______ with the client about the means by which the client’s objectives are to be accomplished.
Reasonably consult
Rule 1.4 Communication.
A lawyer shall:
Reasonably consult with the client about the means by which the ______ _______ are to be accomplished.
client’s objectives
Rule 1.4 Communication.
A lawyer shall:
(2)
Reasonably consult with the client about the means by which the client’s objectives are to be accomplished.
Rule 1.4 Communication.
A lawyer shall:
Keep the client ______ _______ about the status of the matter.
reasonably informed
Rule 1.4 Communication.
A lawyer shall:
Keep the client reasonably informed about the ______ of the ______.
status of the matter
Rule 1.4 Communication.
A lawyer shall:
(3)
(3) keep the client reasonably informed about the status of the matter
Rule 1.4 Communication.
A lawyer shall:
_____ _______ with reasonable requests for ________.
promptly comply
information
Rule 1.4 Communication.
A lawyer shall:
promptly comply with _________ ________ for information.
reasonable requests
Rule 1.4 Communication.
A lawyer shall:
(4)
Promptly comply with reasonable requests for information
Rule 1.4 Communication.
A lawyer shall:
_______ with the _____ about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
consult with the client
Rule 1.4 Communication.
A lawyer shall:
Consult with the client about any _______ _______ on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
relevant limitation
Rule 1.4 Communication.
A lawyer shall:
Consult with the client about any relevant limitation on the ______ ________ when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
lawyer’s conduct
Rule 1.4 Communication.
A lawyer shall:
(5)
Consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
Rule 1.4 Communication.
A lawyer shall:
(b) Explain a matter to the extent _____ ________ to permit the client to make informed decisions regarding the representation.
reasonably necessary
A lawyer who receives from opposing counsel an offer of _________ in a civil controversy or a ________ ____ _______ in a criminal case must promptly inform the client of its substance unless the client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or to reject the offer. Rule 1.4 Comment 2.
settlement
proffered plea bargain
A lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must _______ ______ ______ _______ of its substance unless the client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or to reject the offer. Rule 1.4 Comment 2.
promptly inform the client
A lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must promptly inform the client of its substance unless the client has __________ ___________ that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or to reject the offer. Rule 1.4 Comment 2.
previously indicated
A lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must promptly inform the client of its substance unless the client has previously indicated that the proposal will be ___________ or ____________ or has authorized the lawyer to accept or to reject the offer. Rule 1.4 Comment 2.
acceptable or unacceptable
A lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must promptly inform the client of its substance unless the client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to _______ or to ________ the offer. Rule 1.4 Comment 2.
accept
reject
At the outset of a representation, the client may authorize the lawyer to take specific action on the client’s behalf without further consultation. Absent a material change in circumstances and subject to Rule 1.4, a lawyer may rely on such an advance authorization. The client may, however, ________ such authority at any time. Rule 1.4 Comment 3.
revoke
Criminal Defendants have the final say over:
1. ?
2.
3.
- Plea to be entered
Criminal Defendants have the final say over:
1.
2. ?
3.
- Whether to waive a jury trial
Criminal Defendants have the final say over:
1.
2.
3. ?
- Whether to testify
Criminal Defendants have the final say over:
1.
2.
3.
- Plea to be entered
- Whether to waive a jury trial
- whether to testify
Example: I need a divorce and my end goal is to get as much money as possible. I only want 50% custody of kids. Normally it is what is in the best interest of the kids. If the client has a strange objective but don’t assume the motives of the client. Not fair to impute _____ _____ ________ on Client. Don’t assume OBJECTIVES of the client.
Bad Man Perspective
Example: I need a divorce and my end goal is to get as much money as possible. I only want 50% custody of kids. Normally it is what is in the best interest of the kids. If the client has a strange objective but don’t assume the motives of the client. Not fair to impute Bad Man Perspective on Client. Don’t assume _________ of the client.
OBJECTIVES
Rule 1.2(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives _______ ________.
informed consent
Rule 1.2(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.
What are the important pieces out of this?
Reasonable
Informed Consent - you have to provide enough information to make sure the consent they are giving you is informed.
Presumption is that you are their attorney until they fire you or you withdraw. You cannot limit that unless you do it according to ________.
Rule 1.2(c)
__________ is that you are their attorney until they fire you or you withdraw. You cannot limit that unless you do it according to Rule 1.2(c).
Presumption
MRPC 1.0(e) _________ __________ denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
Informed Consent
MRPC 1.0(e) Informed consent denotes the __________ ____ _____ _____ to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
agreement by a person
MRPC 1.0(e) Informed consent denotes the agreement by a person to a _________ _______ ____ _________ after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
proposed course of conduct
MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the _________ ______ _________ adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
lawyer has communicated
MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated _________ _________ and _________ about the material risks of and reasonably available alternatives to the proposed course of conduct.
adequate information and explanation
MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the ________ ______ of and reasonably available alternatives to the proposed course of conduct.
material risks
MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and _________ _______ ________ to the proposed course of conduct.
reasonably available alternatives
MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the _______ _________ _____ __________.
proposed course of conduct
MRPC 1.0(e) Informed consent denotes:
the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
Rule 1.2 prohibits a lawyer from:
counseling a client to engage in or assist a client in criminal or fraudulent conduct.
Rule 1.16 requires that a lawyer _______ if the representation will violate the law or professional conduct rules.
withdraw
Allocation of authority
1.4 ______ to _______.
duty to communicate
