Attorney client relationship Flashcards

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1
Q

Attorney-client relationship formed by implied assent and reasonable reliance

A

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

not reasonable: unanswered email and voicemails

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2
Q

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

A

False, can be other property such as stocks

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3
Q

reasonableness of fees factors

A

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

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4
Q

advanced payments

A

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

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5
Q

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

A

criminal case and domestic relations cases

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

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6
Q

fee splitting with lawyer at different firm

A

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

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7
Q

contingency fee agreement formal requirements

A

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

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8
Q

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

A

when large fees are involved

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9
Q

when do lawyer’s actions legally bind the client?

A

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

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10
Q

you MUST withdraw from representation when

A
  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
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11
Q

Permissive grounds for withdrawal

A
  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
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12
Q

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

A

if it is permitted by law

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