Attorney Client Relationships Flashcards
Compenent Lawyering: Rule 1.1
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Comment 2: Analysis of precedent, evaluation of evidence, and legal drafting are required in all legal problems . . . lawyers may take on work they have never handled before if they have the time and resources to get up to speed
Duty to inform: Rule 1.4
(A) A lawyer shall: promptly inform the client of any decision or circumstance with respect to which the client’s informed consent is required; reasonably consult with the client about the means by which the client’s objectives to be accomplished; keep the client reasonably informed about the status of the matter; promptly comply with reasonable requests for information; and consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance that is not permitted
(B) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation
Advising a Client: Rule 2.1
In representing a client, a lawyer SHALL exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client’s situation.
Apparent Authority (Lawyers as Agents)
Conduct by a client, witnessed by a third party, that puts the third party in a position to reasonably believe the conduct of the lawyer was expressly authorized by the client
Decision-Making: Rule 1.2
(a) A lawyer SHALL abide by a client’s decisions concerning the objectives of representation, and consult them about the means by which they are to be pursued. A lawyer MAY take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer SHALL abide by a client’s decision–in a criminal case–to settle a matter, enter a plea, waive a jury trial, and whether the client will testify.
(b) A lawyer’s representation of a client does not constitute an endorsement of the client’s political, economic, social, or moral views or activities.
(c) A lawyer MAY limit the scope of the representation if reasonable and the client gives informed consent.
(d) A lawyer SHALL NOT counsel a client to engage, or assist a client, in conduct that the lawyer knows to be criminal or fraudulent.
Clients With Diminished Capacity: Rule 1.14
(A) When a client’s capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment, or for some other reason, the lawyer SHALL, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
(B) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client’s own interest, the lawyer MAY take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.
Information relating to the representation of a client with diminished capacity is protected by Rule 1.6.
(C) When taking protective action pursuant to paragraph (b), the lawyer is implicitly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client’s interests.
Forming Client-Relationships
If a person seeks legal advice or services from a lawyer, and the lawyer receives confidence or provides legal services, the lawyer will owe some professional duties to the other person
Ineffective Assistance of Counsel (6th Amend.)
Assistance was unusually poor: their errors were so serious that the counsel was not functioning as the counsel guaranteed the defendant by the 6th amendment
Better representation would have made a difference: there is a reasonable probability that, but for the unprofessional errors, the result of the proceeding would have been different
Limiting the scope of representation - Rule 1.2(c)
A lawyer MAY limit the scope of the representation if it is reasonable and the client gives informed consent.
Rule 1.16(a) - A lawyer SHALL NOT represented a client if
Representation will violate the professional rules of conduct or other law
Their physical or mental condition materially impairs their ability to represent the client
They are discharged
The client seeks to use, or persist in using, the lawyer’s services to commit or further crime or fraud
Rule 1.16(b) - A lawyer MAY withdraw from representing a client if:
Withdrawal will not have a material adverse effect on the client
Client continues conduct, using services, the lawyer reasonably believes if criminal or fraudulent
Lawyer’s services have been used to commit a crime
The client insists on action the lawyer considers repugnant or has a fundamental disagreement with
Fails to substantially fulfill an obligation after reasonable warning the lawyer will withdraw
Representation will result in an unreasonable financial burden or is unreasonably difficult (client)
Some other good cause
Rule 1.16(c)-(d): Notice Requirements to terminate representation
(c) A lawyer MUST comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.
(d) Upon termination of representation, a lawyer SHALL take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law.
