Attorney client relationship

Question 1

Screen clients for:

Answer 1

potential conflcits of interest, competence and resources to handle the mater (1.1)
does the case lack merit - 3.1
Prospective client appears to be nreasonable, uncontrollable or questionable in another aspect

Question 2

for conflicts of interest

Answer 2

doesnt have to be strict, just upset or drive off other clients.

Question 3

fee documents

Answer 3

1.5 may be required

Question 4

best practice is to use

Answer 4

engagement letter and fee agreement

Question 5

define terms and representation

Answer 5

dates, final judgement, claims, parties

Question 6

clarifying identity of client.

Answer 6

especially important for corp clients. 1.13

Question 7

important to clarify

Answer 7

fee amounts and due dates.

Question 8

impermissible provisions

Answer 8

1. 8 prospectively limiting liability
2. 15 a allowing comingling of funds
3. 8d giving atorney literary or media rights
4. 2a giving attny right to determine settlement
5. 16 a 3 prohibiting client from firing atorney (can get asignment % of settlement

Question 9

duty to acept representation

Answer 9

6.2 pro bono services

Question 10

prohibiton on refusing court appointment except for good clause:

Answer 10

i. Representation likely to result in violation of rule (conflict of interest)
ii. Representation likely to result in unreasonable financial burden
iii. Client/cause so repugnant as to impair relationship/representation.
1. Going to have to be personally repugnant, not just generally

Question 11

laws limiting right to decline reo

Answer 11

state anti discrim laws

Question 12

duty to reject rep or withdraw

Answer 12

1.16 a when rep wpuld result in rrule violation
1.1 competence
3.1 frivolous
physical/mental condition impairs rep
client discharges atorney

Question 13

document eve…

Answer 13

prelim comm with prospective clients.

Question 14

avoid creating

Answer 14

reasonable belief of representation

Question 15

Always use.. (When accepting)_

Answer 15

engagement letters

Question 16

a few key rules

Answer 16

dont give advice to non clients, if you give advice- be competenet, for SOL issues, urge consultation with another attorney

Question 17

You havea duty to:

Answer 17

let people know if yo uarent in the pos to give legal advice.

Question 18

make it clear that you either are or arent

Answer 18

opening yourself up to representation

Question 19

Contingency fee

Answer 19

Must be in writing, percentages and if feed taken before or after attorney fees