Client-Lawyer Relationship Flashcards
When is a client lawyer relationship formed: Two requirements
Client intends to engage the services; and lawyer agrees to provide
Clients intent can be:
implied or expressed. Implied is inferred from circumstances
Are non-legal services basis for the relationship?
No.
Is payment required to form relationship?
No. Just mutual agreement.
When is a written agreement required for the agreement?
It is generally not required except if it is a contingency fee.
When can a lawyer decline representation? 4 reasons
Not competent in the field of law;
knows client is seeking fraud or criminal activity;
Conflict of interest;
Physical or mental condition hinders.
How can a lawyer limit the scope of rep?
When they are reasonable; the client gives informed consent.
What is informed consent?
Consent by a client regarding the facts; risks; reasonable alternatives;
advanced authorization
Lawyer may take action if the authorization is implied
Who has authority to authorize settlement
Only the client
When does a lawyer have special authority to make decisions
diminished capacity.
Diminished capacity actions permitted
If lawyer reasonably believes the lawyer may: consult with people who have the ability to act to protect the client; seek the appointment of a guardian ad litem
Lawyers cannot assist in crime or fraud but they can:
Inform the client of the legal consequences of an action and assist in a good faith effort the application of the law
Terminating the relationship
Lawyers representation ends when the assistance is fully rendered
Clients right to terminate
Client can terminate anytime, any reason
When must an attorney withdraw?
If the rep will result in violation of the law or rules of prof. cond.; the lawyers material physical condition interferes with his abilities; the client terminates
Permissive withdrawl
A lawyer who is not required to withdrawl can terminate if the termiantion WILL NOT MATERIALLY HARM the client; or if it will unreasonably financially burden the lawyer.
Recovering legal fees when client terminates
May recover the lesser of the prorated contract amount or quantum meruit
When is a K not required
Verbal agreements can be used in any agreement
What is the exception that requires a K for rep.
Contingency fees
When is a contingency fee prohibited
Domestic relationships matters (divorce etc); defendant in criminal case
Rule of fee splitting with other lawyers
Lawyers can split if:
the fee split is proportional to the services each rendered; the client is make aware; agrees in writing; and the total fee is reasonable.
