Attorney-Client Relationship

Question 1

What decisions belong to the CLIENT only?

Answer 1

Client’s decns = substantive legal import:

• Decision to commence an action
• Settlement
• Accept a plea
• Decision to appeal or not
• Elect jury trial
• Testifying as a criminal D

Question 2

What decisions belong to the ATTY only?

Answer 2

Lawyer’s decisions = strategy, procedure, tactics

• Disclosure of documents
• Discovery methods
• Granting reasonable adjournments that do not prejudice the rights of a client

Question 3

How does a lawyer handle client decnmaking when a client is a minor OR incapacitated?

Answer 3

NY: L can seek to have guardian appointed & take reasonably necessary protective action IF:

1. Client has diminished capacity
2. Client is at risk of substantial physical, financial, or other harm
3. • Client cannot act adequately in his own interest

Question 4

What are circumstances under which a lawyer MUST withdraw?

Answer 4

Lawyer MUST withdraw when either:

1. Lawyer KNOWS representation will result in violation of rules or law
2. Lawyer suffers physical or mental disability (including drug addiction)
3. Client fires lawyer
4. OR Lawyer KNOWS client is taking steps SOLELY to harass/maliciously injure another

Question 5

What are the 9 circumstances under which a lawyer MAY withdraw?

Answer 5

Lawyer MAY withdraw if:

1. Client insists on presenting a frivolous claim or defense
2. Client persists in a course of action involving the lawyer’s services that the lawyer REASONABLY BELIEVES is criminal or fraudulent
3. Client uses lawyer’s services to perpetrate a crime or fraud (i.e. lawyer learned abt it AFTER rep started)
4. Lawyer’s continued involvement is LIKELY (vs. will) to result in the violation of a law or disciplinary rule
5. Client deliberately disregards an agreement or obligation to the lawyer as to expenses or fees
6. Client insists on taking action with which the lawyer has a fundamental disagreement (narrowly defined)
7. Lawyer’s i_nability to work with co-counsel_ indicates that the best interests of the client are served withdrawal
8. Withdrawal can be accomplished _without material adverse effec_t on the client

Question 6

Should L take a case?

Answer 6

L has the right to turn down any case, but should do his fair share of pro bono work.

L should take case only if competent to handle.

Competences requires:

• Physical or mental competence
• Competent in the substantive law
• Sufficient time to devote to the matter
• NOTE: You can overcome a lack of competence by.
  
  • 1) association with a competent lawyer;
  • OR 2) becoming competent in the area

See mandatory withdrawal.

Question 7

Can a lawyer limit the scope of representation?

Answer 7

A lawyer CAN limit the scope of the representation IF…

1. The limitation is reasonable
2. • Client gives informed consent

NOTE: May limit the scope of representation to a particular area of law (i.e., workers’ comp) if explain that there might be other claims