9 - Termination of the Representation Flashcards
Rule 1.16(a) A lawyer _______ inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation.
shall
Rule 1.16(a) A lawyer shall ______ _____ and ______ the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation.
inquire into and assess
Rule 1.16(a) A lawyer shall inquire into and assess the _______ and __________ of each representation to determine whether the lawyer may accept or continue the representation.
facts and circumstances
Rule 1.16(a) A lawyer shall inquire into and assess the facts and circumstances of each ____________ to determine whether the lawyer may accept or continue the representation.
representing
Rule 1.16(a) A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may ________ or _______ ____ ________.
accept or continue the representation
Rule 1.16(a) A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation.
Inquire into and assess before even ______________.
taking the case.
A lawyer should undertake _____________ only if it appears that they can carry it through to completion. Rule 1.16 Comment 1.
representation
A lawyer should undertake representation only if it appears that they can ____________________________. Rule 1.16 Comment 1.
carry it through to completion
Set the _______ ___ _________ in the initial engagement letter. If you represent a sophisticated client, it is no big deal. If you are the only person that the client has ever come too, if you are not clear you are my fiduciary for everything. Be clear on representation.
scope of representation
Set the scope of representation in the ______ _______ ________. If you represent a sophisticated client, it is no big deal. If you are the only person that the client has ever come too, if you are not clear you are my fiduciary for everything. Be clear on representation.
initial engagement letter
Set the scope of representation in the initial engagement letter. If you represent a sophisticated client, it is no big deal. If you are the only person that the client has ever come too, if you are not clear you are my __________ for everything. Be clear on representation.
fiduciary
A lawyer should not undertake a __________ if it would violate the Rules or if the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client. Rule 1.16(a)
representation
A lawyer should not undertake a representation if it would _____ ___ _____ or if the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client. Rule 1.16(a)
violate the rules
A lawyer should not undertake a representation if it would violate the Rules or if the lawyer’s _______ or ________ ________ materially impairs the lawyer’s ability to represent the client. Rule 1.16(a)
physical or mental condition
A lawyer should not undertake a representation if it would violate the Rules or if the lawyer’s physical or mental condition ________ ________ the lawyer’s ability to represent the client. Rule 1.16(a)
materially impairs
A lawyer’s relationship with the client ends once the lawyer has _______ ____ ________ for which they were hired. Rule 1.16 Comment 1.
performed the assistance
A lawyer’s relationship with the client ends once the lawyer has performed the assistance for which they were hired. Rule 1.16 Comment 1.
However, an attorney-client relationship may ________ before the representation is complete.
terminate
When attorney’s file actions that have zero basis in fact or law that is grounds for a ________________.
Rule 11 Sanction
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1. The representation will result in violation of the _____________________________.
2.
3.
4.
rules of professional conduct or other law
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1. The __________ will _______ in _______ of the Rules of Professional Conduct or other law.
2.
3.
4.
representation
result
violation
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1. ?
2.
3.
4.
- The representation will result in violation of the Rules of Professional Conduct or other law
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1.
2. The lawyer’s _________ or _________ _______ becomes such that it materially impairs the lawyer’s ability to to represent the client or
3.
4.
mental or physical health
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1.
2. The lawyer’s _________ or _________ _______ becomes such that it ________ _________ the lawyer’s ability to to represent the client or
3.
4.
mental or physical heath
materially impairs
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1.
2. The lawyer’s _________ or _________ _______ becomes such that it _______ _______ the lawyer’s ability to to _______ the client or
3.
4.
mental or physical health
materially impairs
represent
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1.
2.
3. The lawyer is ________.
4.
discharged
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1.
2.
3. ?
4.
- The lawyer is discharged
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1.
2.
3.
4. ________ or ______ ______ seeks to use or persists in using the lawyer’s services to commit a further crime or fraud, despite the lawyer’s discussion pursuant to Rules 1.2(d) and 1.4(a)(5) regarding the limitations on the lawyer assisting with the proposed conduct.
client or prospective client
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1.
2.
3.
4. ________ or ______ ______ seeks to use or persists in using the lawyer’s services to commit a further _______ ___ ______, despite the lawyer’s discussion pursuant to Rules 1.2(d) and 1.4(a)(5) regarding the limitations on the lawyer assisting with the proposed conduct.
client or prospective client
crime or fraud
Mandatory Withdrawal Rule 1.16(a)
Where representation has commenced a lawyer shall withdraw from the representation of a client if:
1.
2.
3.
4. ________ or ______ ______ seeks to use or persists in using the lawyer’s services to commit a further crime or fraud, despite the lawyer’s discussion pursuant to Rules 1.2(d) and 1.4(a)(5) regarding the ________ ___ ___ ______ assisting with the proposed conduct.
client or prospective client
limitations on the lawyer
You have to file a motion to withdraw to let the court know that you have been _________, it is not the client’s job.
discharged/ fired
Required to_______ with the client first when a client or prospective client seeks or persists in using the lawyer’s services to commit a further crime or fraud.
consult
A client has a right to ______ a lawyer at any time, with or without cause, subject to liability for payment for the lawyer’s services. MRPC 1.16 Comment 4
discharge
Generally, a client has an absolute right to _________ a lawyer at any time, with or without cause. The lawyer is required to _________ from the representation upon being __________, unless ordered by the court to continue representation.
discharge
withdraw
discharged
If the client has severely _______ _________, the client may lack the legal capacity to discharge the lawyer. The lawyer may take reasonably necessary protective action to protect the client’s interests.
diminished capacity
If the client has severely diminished capacity, the client may lack the ______ ________ to discharge the lawyer. The lawyer may take reasonably necessary protective action to protect the client’s interests.
legal capacity
If the client has severely diminished capacity, the client may lack the legal capacity to _________ the lawyer. The lawyer may take reasonably necessary protective action to protect the client’s interests.
discharge
If the client has severely diminished capacity, the client may lack the legal capacity to discharge the lawyer. The lawyer may take ________ __________ protective action to protect the client’s interests.
reasonably necessary
If the lawyer has been appointed to represent a client, the ability of the client to discharge the lawyer may be _______ __ _______. The client should be advised as to the consequences of a discharge, which may include a court concluding that the appointment of a successor counsel is unjustified, requiring the client to continue pro se.
restricted by statute
If the lawyer has been appointed to represent a client, the ability of the client to discharge the lawyer may be restricted by statute. The client should be advised as to the consequences of a discharge, which may include a court concluding that the appointment of a ______ _______is unjustified, requiring the client to continue pro se.
successor council
If the lawyer has been appointed to represent a client, the ability of the client to discharge the lawyer may be restricted by statute. The client should be advised as to the consequences of a discharge, which may include a court concluding that the appointment of a successor counsel is unjustified, requiring the client to continue ______ _____.
pro se
The court will be suspect of any _______ _________ of a nonrefundable fee. We don’t want the client to feel like they have to stay with the attorney.
financial entanglement
The court will be suspect of any financial entanglement of a nonrefundable fee. We don’t want the client to feel like they have to _____ ______ ___ _______.
stay with the attorney
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1. Withdraw may be completed without _____ ______ ______ to the interests of the client.
2.
3.
4.
5.
6.
7.
material adverse effects
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1. Withdraw may be completed without _____ ______ ______ to the ________ of the ________.
2.
3.
4.
5.
6.
7.
material adverse effects
interests of the client
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1. ?
2.
3.
4.
5.
6.
7.
- Withdraw may be completed without material adverse effects to the interests of the client
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2. The client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is ________ or _________.
3.
4.
5.
6.
7.
criminal or fraudulent
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2. The _____ _______ in a course of action involving the lawyer’s services that the lawyer reasonably believes is _______ or ________.
3.
4.
5.
6.
7.
client persists
criminal or fraudulent
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2. ?
3.
4.
5.
6.
7.
- The client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3. The client has used the lawyer’s services to _______ a ______ or ______.
4.
5.
6.
7.
perpetrate
crime or fraud
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3. ?
4.
5.
6.
7.
- The client has used the lawyer’s services to perpetrate a crime or fraud.
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4. The client insists upon taking action that the lawyer considers _________ or with which the lawyer has a _______ _________.
5.
6.
7.
repugnant
fundamental disagreement
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4. ?
5.
6.
7.
- The client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4.
5. The client fails substantially to ______ __ ________ to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.
6.
7.
fulfill an obligation
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4.
5. The client fails substantially to _______ ____ _______ regarding the _____ _______ and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.
6.
7.
fulfill an obligation
lawyer’s services
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4.
5. ?
6.
7.
- The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4.
5.
6. The representation will result in an _______ _____ ________ on the lawyer or has been rendered unreasonably difficult by the client OR
7.
unreasonable financial burden
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4.
5.
6. The representation will result in an unreasonable financial burden on the lawyer or has been rendered ______ _______ by the ______.
7.
unreasonably difficult
client
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4.
5.
6. ?
7.
The representation will result in unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4.
5.
6.
7. other ______ ______ for withdraw exists
good cause
Permissive Withdraw Rule 1.16(b)
A lawyer may withdraw from representing a client if:
1.
2.
3.
4.
5.
6.
7. ?
- Other good cause for withdrawal exists
If a client is not paying, you have to _______ _______ and then you can withdraw if they continue to not pay.
warn them
Can lawyers withdraw for no reason at all pursuant to 1.16(b)(1)? Under what conditions?
Withdrawal can be accomplished without material adverse effect on the interests of the client
Withdrawal from representation before a tribunal
A lawyer must comply with applicable law requiring ________ to or__________ of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation. MRPC 1.16(c).
notice
permission
Withdrawal from representation before a tribunal
A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer _______ _______ _________notwithstanding good cause for terminating the representation. MRPC 1.16(c).
shall continue representation
Withdrawal from representation before a tribunal
A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding ______ _________ for terminating the representation. MRPC 1.16(c).
good cause
Comment 3
Difficulty may be encountered if withdrawal is based on the client’s demand that the lawyer engage in unprofessional conduct. The court may request an explanation for the withdrawal, while the lawyer may be bound to keep confidential the facts that would constitute such an explanation. The lawyer’s statement that ____________ ___________ ________ __________ of the representation ordinarily should be accepted as sufficient. Lawyers should be mindful of their obligations to both clients and the court under Rules 1.6 and 3.3.
professional considerations require termination
Be a good ex. (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a _______ ________, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law.
client’s interests
Be a good ex. (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law. !!
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Even if the lawyer has been unfairly discharged by the client, the lawyer must take all reasonable steps to mitigate the consequences to the client. !!
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