Attorney Client Relationship

Question 1

Formation of relationship

Answer 1

1. ways to form:
   i. court assignment
   ii. offer + no decline and reliance: person manifests intent for lawyer to perform legal services for them and (i) lawyer fails to manifestly decline, and (ii) lawyer reasonably knows or should know that the person reasonably relies on the lawyer to perform the legal services
   iii. provision of confidential information to enable the lawyer to perform a legal services
   iv. an episodic client (clients for whom the lawyer frequently does work) relationship may exist
2. relationship does not require payment
3. scope of relationship may be unclear: courts expect lawyer to be sensitive to, and clarify, any ambiguities

Question 2

Accepting clients

Answer 2

2. should do pro bono

3. must reject a case if taking it would violate a law or ethical rule

Question 3

Special Clients

Answer 3

1. lawyers should aspire to 50 pro bono hours per year, a substantial majority of which should go to helping the poor
2. lawyers must not seek to avoid appointments by tribunals except for good cause (such as unreasonable financial burden)
3. clients with diminished capacity:
   i. maintain a normal relationship to the extent possible (no unilateral decision by lawyer)
   ii. lawyers who believe their client cannot adequately protect themselves can take unilateral acts to protect the client, such as seeking a guardian
   iii. CA: a lawyer may not seek the appointment of a guardian against the client’s wishes, regardless of lawyer’s beliefs
4. emergency assistance to non-clients with diminished capacity:
   i. lawyer may take legal action on behalf of a person with seriously diminished capacity if their health, safety, or financial interest is threatened with imminent and irreparable harm
   ii. may take action even if the person cannot form an attorney-client relationship
   iii. owe same duties the lawyer would owe to a client
   iv. normally should not seek compensation

Question 4

Professional Liability Insurance

Answer 4

1. lawyers are not required to have professional liability insurance
2. lawyers must disclose in writing if they do not have have professional liability insurance at the time of engagement if the representation is likely to exceed four hours
3. lawyer who does not disclose or no longer has insurance must disclose within 30 days
4. does not apply to
   i. government lawyers
   ii. in-house counsel providing services in that capacity
   iii. services rendered in an emergency
   iv. situations where the lawyer has previously advised the client