Attorney client relationship

Question 1

Attorney-client relationship formed by implied assent and reasonable reliance

Answer 1

Attorney fails to clearly decline the representation and knows that they are reasonably relying on you

not reasonable: unanswered email and voicemails

Question 2

True or false: a lawyer can only accept money as fees?

Answer 2

False, can be other property such as stocks

Question 3

reasonableness of fees factors

Answer 3

time and labor
complexity
nature of relationship (discount for friend)
fixed or contingent

Question 4

advanced payments

Answer 4

not your money until you earn it
BUT retainer fees are ok to make sure attorney is available

Question 5

two kinds of cases where you can’t make a contingency fee agreement

Answer 5

criminal case and domestic relations cases

NOT domestic relations case: when you are helping client collect past due

Question 6

fee splitting with lawyer at different firm

Answer 6

referral fee not ok, you have to be involved or responsible

you can split based on proportion of work
you can split however you want if you both assume joint responsibility

total must be reasonable

IWC from client

Question 7

contingency fee agreement formal requirements

Answer 7

writing, signed by client
disclose who is paying expenses
disclose how fee is calculated
disclose when expenses are deducted

when the case ends: written statement stating the calculation

Question 8

when must lawyer consult with client on strategic/procedural decisions?

Answer 8

when large fees are involved

Question 9

when do lawyer’s actions legally bind the client?

Answer 9

Agency: actual authority express or implied
Apparent authority: third party reasonably believes you have authority even if you didnt

Question 10

you MUST withdraw from representation when

Answer 10

1. you are incapacitated
2. if moving forward means you will violate Rules or Law (frivolous claims, crime or fraud)
3. if they fire you

Question 11

Permissive grounds for withdrawal

Answer 11

1. any reason if no material adverse effect
2. you reasonably believe client is doing something criminal or fraudulent involving your services
3. if client has already used your services for crime or fraud
4. client’s actions are repugnant
5. client makes it unreasonably difficult to represent them (they lie to you all the time)
6. client hasn’t paid and has been warned
7. if representation will result in unreasonable financial burden on you

Question 12

if you withdraw, when can you hold the client’s files until they pay you?

Answer 12

if it is permitted by law