Attorney-Client Relationship

Question 1

When attorney MUST withdraw

Answer 1

1. Disability (physical or mental impairment)

2. Illegality or ethical violation (if atty is req’d to violate a rule or law)

Question 2

When attorney MAY withdraw

Answer 2

Generally, for any reason if can be done w/o adverse effects to client, or if client consents.

Even if adverse, these situations atty may withdraw:

1. Client persists in criminal/fraudulent conduct
2. Client has used atty services to commit past crime or fraud.
3. Client’s objective is repugnant or against atty beliefs
4. Client breaks promise to atty
5. Financial hardship for atty
6. Client will not cooperate
7. Other good cause

Question 3

Attorney duties after termination

Answer 3

i. Provide client with reasonable notice of withdrawal
ii. Provide client with time to obtain another atty
iii. Refund atty fee’s/expenses paid in advance not yet earned.
iv. Return all papers and property that client is entitled.

Question 4

When client is a corporation:

Answer 4

Communication is covered under attorney-client privilege if:

i. Employee communicates with lawyer at the direction of his superior;
ii. Employee knows purpose of communication is to obtain legal advice for corporation; and
iii. Communication concerns a subject w/i scope of employee’s duties.

Question 5

Duty of confidentiality exceptions:

Answer 5

When lawyer reasonably believes it necessary to prevent an act that is reasonably certain to:
i. Cause death or substantial bodily harm

ii. When client intends on committing a crime or fraud that is reasonably certain to cause substantial financial harm to someone IF the client is using or has used the lawyer’s services in the matter.

Question 6

Lawyer must obtain organization counsel consent before communicating with:

Answer 6

i A person who supervises, directs, or consults w/ the organizations lawyers about a matter

ii. A person whose conduct may be imputed to the organization for purposes of civil or criminal liability.
iii. A person whose statements may constitute an admission by the organization

Question 7

A lawyer’s professional association with a non-lawyer is improper when:

Answer 7

If the non-lawyer:

i. owns an interest in the practice
ii. is an officer or director of a business involving the law practice
iii. has the right to control the lawyer’s professional judgment

Question 8

An attorney can have a reciprocal relationship with another practitioner as long as:

Answer 8

i. It’s nonexclusive

ii. Referred clients are told about the existence of the agreement

Question 9

Lawyer entering a business relationship with a client:

Answer 9

i. Must be fair and reasonable, and in writing
ii. Client advised in writing to obtain advice of independent counsel on the transaction
iii. Informed consent from client in writing