Attorney-Client Relationship Flashcards
When do a lawyer’s duties to represent a client begin?
Upon undertaking representation
When does a lawyer have a duty to reject representation?
When it would violate ethics or law
When does the attorney-client relationship begin?
When the client reasonably believes the relationship exists
How are fees regulated?
A fee must be reasonable
Can contingency fee agreements be oral?
No
Do fee arrangements have to be in writing?
Yes, the basis or rate of the fee must be communicated to the client prior to or within a reasonable time after a relationship first commences
What factors are relevant to assessing the reasonableness of an attorney’s fee?
- Difficulty of the case;
- Other employment precluded by the representation;
- Nature of the relationship and fee;
- Expertise; and
- Customary fees in area
Can attorneys seek contingency fees for criminal cases?
No
Can attorneys seek contingency fees in domestic relation cases?
Only if the fee is not contingent on obtaining a divorce or the amount of support recovered
Can a lawyer ask for a retainer?
Yes, but must return any unearned retainer or fee to the client once representation is completed
Can a lawyer accept property as a form of payment?
Yes, as long as it is not:
- A proprietary interest in the cause of action;
- Subject matter of the litigation; or
- Noncompliant with the rules for business transactions with clients
Do attorneys have an obligation to represent clients pro bono?
Yes, there is a voluntary professional responsibility to do so for indigent clients
Can attorneys share fees with lawyers outside the firm ?
Only if:
- The client agrees; and
- The total fee charged is not illegal or clearly excessive.
Does a client need to agree to the exact share each lawyer will get under a fee-splitting arrangement?
No, only the fact of fee-splitting.
Can an attorney receive referral fees?
No, but they may receive:
- Reasonable advertising costs;
- Charges for a legal referral service; or
- payment for an existing law practice
Can fees be shared with a former partner?
Yes, provided they’re active
Can fees be shared with non-attorneys?
NO, unless very limited exceptions:
- Fees paid into a lawyer’s estate; or
- Fees shared with law firm personnel via an established compensation or retirement plan within the firm
Can lawyers share office space with nonlawyers?
Yes, as long as the professional independence of the lawyer is maintained.
How must a lawyer separate client funds?
Client funds must be maintained in interest-bearing client trust (escrow) accounts and safety deposit boxes in the state in which they practice. NO other money can be there.
If client funds would not reasonably be expected to earn interest, what must a lawyer do with them?
Place them in a mandatory Interest On Lawyers Trust Account (IOLTA) Program, under which qualified funds are pooled in interest-bearing IOLTA accounts
Can a lawyer distribute property in dispute by a third party?
No, they must refuse, but they must distribute all property not in dispute
For how many years must a lawyer keep records of client property?
For at least five years after termination of the client-lawyer relationship or distribution of the property, whichever is later
How often must lawyers certify the handling of IOLTA accounts?
Quarterly
When may a lawyer sell his entire practice?
- The seller ceases to practice entirely or within a jurisdiction;
- Clients receive written notice, and do not object within 60 days
- It is sold to ONE lawyer or law firm; and
- The client’s fees are not increased
Is a lawyer required to withdraw when his health materially impairs his ability to represent the client?
Yes
Does a client have a right to discharge a lawyer?
Yes, for any reason at all. The only exception is if a judge prevents withdrawal.
Is a lawyer required to withdraw if failure to withdraw would result in violating the ethical rules or law?
Yes
When may a lawyer withdraw?
When it would not materially harm the client, or subject to some exceptions
When may a lawyer withdraw even when harm results to the client?
Any of the following:
- Not materially adverse to client interests;
- The lawyer reasonably believes the client is perpetrating crimes or fraud, or learns that previous services were used to do so;
- Client’s activities are repugnant or imprudent;
- Client fails to meet obligations (e.g., paying), after being warned of the intention to withdraw;
- representation would be an unreasonable financial burden; or
- Other “good cause”
Must an attorney continue to represent a client if a court order him to?
Yes
What notice must an attorney give his client before withdrawing?
Reasonable notice
If litigation is pending, what must a lawyer do to withdraw?
Get court approval
What duties does a lawyer have upon termination of representation?
An attorney must:
- Minimize harm to the client, including returning fees paid but not earned,
- Promptly return papers and property of the client
Does a lawyer have a duty to promptly return client phone calls?
Yes
Does a lawyer have a duty to promptly inform clients of case status?
Yes
Does a lawyer have a duty to meaningfully share decisionmaking with clients?
Yes
Can a lawyer agree to settlement without client consent and authorization?
No
In a criminal case, who decides whether a client will testify?
The client
In a jury trial in a criminal case, who decides whether to waive the right to jury or other fundamental rights?
The client
Who decides whether to enter or accept a plea?
The client
Does a lawyer have the authority to make decisions for procedural tactics (e.g., cross strategy, theory of case)?
Yes
When may a lawyer limit a client’s objectives?
With informed consent, but never with respect to:
- Monetary matters, or
- Matters about the well-being of third parties
If a client has diminished capacity, how must a lawyer treat her?
The same as any ordinary lawyer-client relationship
When can a lawyer reveal confidential information for a disabled client?
When reasonably necessary to protect the client’s interests
When can a lawyer appoint a guardian for a disabled client?
When the lawyer reasonably believes the client cannot act in his own interest
Are lawyers subject to vicarious liability for persons under their supervision?
Yes, if there is direct supervisory authority
Are partners obliged to provide training procedures for non-lawyer employees?
Yes
Are partners obliged to ensure other lawyers in the firm conform with professional conduct rules?
Yes, they must make reasonable efforts
Are subordinate attorneys subject to discipline for following orders?
Yes, unless acting in accordance with a supervising lawyer’s “reasonable resolution of an arguable question of professional duty.”
Is a lawyer obliged to report on known violations of the rules of professional conduct?
Yes, under the squeal rule
Can lawyers employ agents to monitor accidents or other events likely to produce legal work?
No
