Attorney client relationship Flashcards
Attorney-client relationship formed by implied assent and reasonable reliance
Attorney fails to clearly decline the representation and knows that they are reasonably relying on you
not reasonable: unanswered email and voicemails
True or false: a lawyer can only accept money as fees?
False, can be other property such as stocks
reasonableness of fees factors
time and labor
complexity
nature of relationship (discount for friend)
fixed or contingent
advanced payments
not your money until you earn it
BUT retainer fees are ok to make sure attorney is available
two kinds of cases where you can’t make a contingency fee agreement
criminal case and domestic relations cases
NOT domestic relations case: when you are helping client collect past due
fee splitting with lawyer at different firm
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
contingency fee agreement formal requirements
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
when must lawyer consult with client on strategic/procedural decisions?
when large fees are involved
when do lawyer’s actions legally bind the client?
Agency: actual authority express or implied
Apparent authority: third party reasonably believes you have authority even if you didnt
you MUST withdraw from representation when
- you are incapacitated
- if moving forward means you will violate Rules or Law (frivolous claims, crime or fraud)
- if they fire you
Permissive grounds for withdrawal
- any reason if no material adverse effect
- you reasonably believe client is doing something criminal or fraudulent involving your services
- if client has already used your services for crime or fraud
- client’s actions are repugnant
- client makes it unreasonably difficult to represent them (they lie to you all the time)
- client hasn’t paid and has been warned
- if representation will result in unreasonable financial burden on you
if you withdraw, when can you hold the client’s files until they pay you?
if it is permitted by law