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PABar - Professional Responsibility > Attorney-Client Relationship > Flashcards

Attorney-Client Relationship Flashcards

1
Q

When do a lawyer’s duties to represent a client begin?

A

Upon undertaking representation

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2
Q

When does a lawyer have a duty to reject representation?

A

When it would violate ethics or law

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3
Q

When does the attorney-client relationship begin?

A

When the client reasonably believes the relationship exists

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4
Q

How are fees regulated?

A

A fee must be reasonable

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5
Q

Can contingency fee agreements be oral?

A

No

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6
Q

Do fee arrangements have to be in writing?

A

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

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7
Q

What factors are relevant to assessing the reasonableness of an attorney’s fee?

A
  1. Difficulty of the case;
  2. Other employment precluded by the representation;
  3. Nature of the relationship and fee;
  4. Expertise; and
  5. Customary fees in area
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8
Q

Can attorneys seek contingency fees for criminal cases?

A

No

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9
Q

Can attorneys seek contingency fees in domestic relation cases?

A

Only if the fee is not contingent on obtaining a divorce or the amount of support recovered

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10
Q

Can a lawyer ask for a retainer?

A

Yes, but must return any unearned retainer or fee to the client once representation is completed

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11
Q

Can a lawyer accept property as a form of payment?

A

Yes, as long as it is not:

  1. A proprietary interest in the cause of action;
  2. Subject matter of the litigation; or
  3. Noncompliant with the rules for business transactions with clients
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12
Q

Do attorneys have an obligation to represent clients pro bono?

A

Yes, there is a voluntary professional responsibility to do so for indigent clients

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13
Q

Can attorneys share fees with lawyers outside the firm ?

A

Only if:

  1. The client agrees; and
  2. The total fee charged is not illegal or clearly excessive.
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14
Q

Does a client need to agree to the exact share each lawyer will get under a fee-splitting arrangement?

A

No, only the fact of fee-splitting.

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15
Q

Can an attorney receive referral fees?

A

No, but they may receive:

  1. Reasonable advertising costs;
  2. Charges for a legal referral service; or
  3. payment for an existing law practice
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16
Q

Can fees be shared with a former partner?

A

Yes, provided they’re active

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17
Q

Can fees be shared with non-attorneys?

A

NO, unless very limited exceptions:

  1. Fees paid into a lawyer’s estate; or
  2. Fees shared with law firm personnel via an established compensation or retirement plan within the firm
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18
Q

Can lawyers share office space with nonlawyers?

A

Yes, as long as the professional independence of the lawyer is maintained.

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19
Q

How must a lawyer separate client funds?

A

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.

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20
Q

If client funds would not reasonably be expected to earn interest, what must a lawyer do with them?

A

Place them in a mandatory Interest On Lawyers Trust Account (IOLTA) Program, under which qualified funds are pooled in interest-bearing IOLTA accounts

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21
Q

Can a lawyer distribute property in dispute by a third party?

A

No, they must refuse, but they must distribute all property not in dispute

22
Q

For how many years must a lawyer keep records of client property?

A

For at least five years after termination of the client-lawyer relationship or distribution of the property, whichever is later

23
Q

How often must lawyers certify the handling of IOLTA accounts?

A

Quarterly

24
Q

When may a lawyer sell his entire practice?

A
  1. The seller ceases to practice entirely or within a jurisdiction;
  2. Clients receive written notice, and do not object within 60 days
  3. It is sold to ONE lawyer or law firm; and
  4. The client’s fees are not increased
25
Q

Is a lawyer required to withdraw when his health materially impairs his ability to represent the client?

A

Yes

26
Q

Does a client have a right to discharge a lawyer?

A

Yes, for any reason at all. The only exception is if a judge prevents withdrawal.

27
Q

Is a lawyer required to withdraw if failure to withdraw would result in violating the ethical rules or law?

A

Yes

28
Q

When may a lawyer withdraw?

A

When it would not materially harm the client, or subject to some exceptions

29
Q

When may a lawyer withdraw even when harm results to the client?

A

Any of the following:

  1. Not materially adverse to client interests;
  2. The lawyer reasonably believes the client is perpetrating crimes or fraud, or learns that previous services were used to do so;
  3. Client’s activities are repugnant or imprudent;
  4. Client fails to meet obligations (e.g., paying), after being warned of the intention to withdraw;
  5. representation would be an unreasonable financial burden; or
  6. Other “good cause”
30
Q

Must an attorney continue to represent a client if a court order him to?

A

Yes

31
Q

What notice must an attorney give his client before withdrawing?

A

Reasonable notice

32
Q

If litigation is pending, what must a lawyer do to withdraw?

A

Get court approval

33
Q

What duties does a lawyer have upon termination of representation?

A

An attorney must:

  1. Minimize harm to the client, including returning fees paid but not earned,
  2. Promptly return papers and property of the client
34
Q

Does a lawyer have a duty to promptly return client phone calls?

A

Yes

35
Q

Does a lawyer have a duty to promptly inform clients of case status?

A

Yes

36
Q

Does a lawyer have a duty to meaningfully share decisionmaking with clients?

A

Yes

37
Q

Can a lawyer agree to settlement without client consent and authorization?

A

No

38
Q

In a criminal case, who decides whether a client will testify?

A

The client

39
Q

In a jury trial in a criminal case, who decides whether to waive the right to jury or other fundamental rights?

A

The client

40
Q

Who decides whether to enter or accept a plea?

A

The client

41
Q

Does a lawyer have the authority to make decisions for procedural tactics (e.g., cross strategy, theory of case)?

A

Yes

42
Q

When may a lawyer limit a client’s objectives?

A

With informed consent, but never with respect to:

  1. Monetary matters, or
  2. Matters about the well-being of third parties
43
Q

If a client has diminished capacity, how must a lawyer treat her?

A

The same as any ordinary lawyer-client relationship

44
Q

When can a lawyer reveal confidential information for a disabled client?

A

When reasonably necessary to protect the client’s interests

45
Q

When can a lawyer appoint a guardian for a disabled client?

A

When the lawyer reasonably believes the client cannot act in his own interest

46
Q

Are lawyers subject to vicarious liability for persons under their supervision?

A

Yes, if there is direct supervisory authority

47
Q

Are partners obliged to provide training procedures for non-lawyer employees?

A

Yes

48
Q

Are partners obliged to ensure other lawyers in the firm conform with professional conduct rules?

A

Yes, they must make reasonable efforts

49
Q

Are subordinate attorneys subject to discipline for following orders?

A

Yes, unless acting in accordance with a supervising lawyer’s “reasonable resolution of an arguable question of professional duty.”

50
Q

Is a lawyer obliged to report on known violations of the rules of professional conduct?

A

Yes, under the squeal rule

51
Q

Can lawyers employ agents to monitor accidents or other events likely to produce legal work?

A

No

PABar - Professional Responsibility (3 decks)

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