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Barristers - PR > Chapter 9 - Managing the Client Relationship > Flashcards

Chapter 9 - Managing the Client Relationship Flashcards

1
Q

To successfully manage my responsibilities to my clients, as a lawyer, what 4 stages should I plan for in the relationship?

A
  1. Screening - Initial client or matter screening
  2. Engagement/non-engagement
  3. Implementation
  4. Disengagement or completion
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2
Q

T/F

The lawyer must manage the client relationship and the client’s expectations throughout all stages of the retainer.

A

True

59L

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3
Q

What is the purpose of INITIAL SCREENING STAGE or matter screening?

A

To determine whether the lawyer can assist the prospective client

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4
Q

As part of the initial screening stage what are the 3 factors that lawyers should consider?

A
  1. Are you competent to act?
  2. Can you complete the tasks required in a timely manner?
  3. Are there any conflicts of interest?

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5
Q

Where can I find information what the initial screening should be used to do? These factors will assist a lawyer in choosing whether to accept or decline the retainer

A

59LR

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6
Q

What sort of signs should lawyers be aware of with regards to prospective clients

A

Signs that indicate the prospective client’s expectations may be difficult to manage

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7
Q

Prior to agreeing to act for difficult clients what should a lawyer ensure?

A

A lawyer should ensure that they are willing and able to serve the prospective client despite any difficulties

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8
Q

Once the prospective client has been screened, what must a lawyer decide?

A

A lawyer must decide whether to accept or decline the retainer.

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9
Q

If you decide to decline the engagement for legal services, or the prospective client chooses not to retain the lawyer, what 2 things must you do

A
  1. Non-engagement letter to confirm non-engagement
  2. Client or prospective client’s info should be included in the lawyer’s conflicts checking system.

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10
Q

If you accept the retainer, the terms of the engagement should be confirmed in writing by either one of 2 ways, which are _______ or ________.

What are two basic terms that should be included in any retainer?

A

Retainer agreement or letter of engagement

Two basic terms to include are scope and costs of legal services to be provided.

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11
Q

Why is it so important to confirm the terms of engagement in writing?

A

To reduce the risk of misunderstanding between the lawyer and the client.

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12
Q

In a retainer agreement or engagement letter, in the case of a joint retainer what should the lawyer explain regarding conflicts of interest?

60LR

A

The lawyer should explain that if a conflict develops that cannot be resolved, the lawyer cannot continue to act for both or all of them and may have to withdraw from representing the clients.

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13
Q

At the implementation stage, once retained the lawyer must competently carry out the legal services that the lawyer was hired to provide to the client. The lawyer must serve the client in what 6 ways?

61L

A

The lawyer must serve the client in a manner that is competent, timely, conscientious, diligent, efficient and civil.

C T C D E C

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14
Q

As part of the requirement to provide competent service, a lawyer should perform all functions with 2 things taken into consideration. What are they?

61L

A

To provide COMPETENT service, a lawyer should perform all functions in a cost-effective and client-responsive manner.

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15
Q

What should a lawyer do when there are changes to the scope of the retainer, or the terms of the lawyer’s representation of the client are significant?

A

These changes should be documented in a new retainer agreement to help the lawyer document when the changes became effective and to avoid misunderstanding by the client.

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16
Q

What changes should be sent to client in writing? (4)

A
  1. Engagement
  2. Disengagement
  3. Changes to scope of retainer or the terms of lawyer’s representation that are significant
  4. new or different instructions from the client
17
Q

Lawyers are required to recognized a task for which they lack competence. If there is a task in respect of a client’s matter that you’re incompetent to perform and a disservice would be done to the client by taking on the task, as a lawyer, what should you do? (3)

61R

A

A lawyer should:

  1. Decline to act
  2. Get the client’s instructions to retain, consult, or collaborate with a licensee who is competent for the task
  3. Obtain the client’s consent for the lawyer to become competent without undue delay, risk or expense to the client

BUT if you determine that you’re not competent to handle the client’s matter, you must withdraw from representation.

18
Q

T/F

The client and the lawyer have the right to end a retainer at will.

A

False,

the client has the right to end the retainer at will but the lawyer DOES NOT.

61R

19
Q

There are 4 ways to call the letter to the client where the retainer has ended because the matter is complete. What are they?

61 R

A

Closing, reporting, disengagement, termination

20
Q

When a limited retainer is complete what info should you include in the letter?

62L

A
  1. Confirm that the terms of the limited scope retainer have been completed.
  2. Remind client of the steps that may still need to be taken int heir matter but for which you’re not retained
  3. Recommend that client seek legal advice on matters outside scope of the retainer and include any applicable statutory limitation periods
21
Q

If client or lawyer ended retained before matter was completed or before lawyer could complete tasks in retainer, the letter must state what 3 points?

62L

A
  1. the lawyer has withdraw
  2. reasons for withdrawal
  3. in case of litigation, what client should expect
22
Q

Client expectations change as the matter progresses or as new developments arise. Usually complaints are around failure to meet client expectations as to service rather than dissatisfaction with results.
What should you keep client informed about?

62R

A
  1. All developments throughout the retainer
  2. As much info about fees and disbursements (consider interim bills)
  3. Monitor client’s expectations and lawyer’s ability to meet those expectations
23
Q

Common expectations voiced by clients include: (4)

A
  1. Specific legal services the client will receive from lawyer
  2. Specific results the lawyer is likely to achieve for client
  3. Costs associated with achieving those results
  4. Time required to complete legal services and achieve the results
24
Q

Even if the lawyer-client relationship may be challenging, lawyers are encouraged to provide legal services. If you choose to rep a client and the l-c relationship becomes challenging later, what should you do?

63L

A

Encourage realistic client expectations and manage the relationship as best as possible. You could do that by

  1. addressing issues directly with client;
  2. Involve another lawyer or paralegal
  3. Evaluate whether another legal rep would better serve client
25
Q

T/F

Once a lawyer agrees to act, you don’t have to fulfill all client-related duties if the relationship becomes challenging

63L

A

FALSE

You MUST fulfill all client-related duties, regardless of how challenging the relationship may be.

The fact that the relationship is or has become challenging to deal with may not be reason enough to end the engagement.

26
Q

Client communication

How can you manage a relationship with a client with diminished capacity more effectively?

63R

A

Lawyer should consider and confirm the client’s specific needs at the beginning of the retainer.

27
Q

The choice of language is that of who? the client or the lawyer?

64L

A

The client

Barristers - PR (5 decks)

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