A. Formation of Client-Lawyer Relationship

Question 1

What is the nature of a client-lawyer relationship?*

Answer 1

Contractual terms!!!

• Derived from custom
• Derived from mutual agreement

Lawyer is Client’s fiduciary + agent!!!

Question 2

What is required for the formation of a client-lawyer relationship?*

Answer 2

Implied assent!!!

1) Client manifests intention for Lawyer representation
2) Lawyer fails to clearly decline representation
3) Lawyer knows Client reasonably relies on representation

Express intent (parties)

Court appointment

• Lawyer is ethically obliged to help make legal service available to clients in need
• Lawyer accepts fair share of unpopular or indigent matters/clients

Question 3

When may Lawyer avoid court appointments to represent clients?*

Answer 3

For good cause!!!

• Avoid violation of law/disciplinary rule!!!
• Avoid imposition of an unreasonable financial burden!!!
• Avoid Lawyer’s personal feelings preventing effective representation!!!

Question 4

When may Lawyer refuse employment?*

Answer 4

Client’s motive to embarrass/delay/burden TPs

Factually/Legally frivolous case

Incompetent/Busy lawyer

Lawyer’s personal feelings/mental or physical condition may prevent effective representation

Question 5

If no lawyer-client relationship is created from client consultation, what duties does Lawyer still owe to Client?

Answer 5

• Protect client’s personal info
• Protect client’s personal property
• Use reasonable care in giving legal advice (determining merits)