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Legal Pro > Client - Lawyer Relationship > Flashcards

Client - Lawyer Relationship Flashcards

1
Q

how is the relationship formed

A
  1. person manifests an intent that the lawyer provides legal services and the lawyer agrees
  2. a person manifests an intent to have the lawyer represent him, the lawyer fail to make clear that he honest want to, and the lawyer knows or should know the prospective client is reasonably relying on the lawyer to provide the services, or
  3. a tribunal appoints a lawyer
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2
Q

when must a lawyer refuse a case

A
  1. client’s motive is harassment
  2. unsupportable factual or legal position
  3. lawyer isn’t competent in that area or too busy
  4. strong personal feelings
  5. impaired mental or physical condition
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3
Q

what are the duties owed to a prospective client when the relationship never ensues

A
  1. protect client’s confidential info, including declining to rep other clients in same or related matter if the info would be harmful
  2. protect any property given to lawyer
  3. use reasonable care in giving person an legal advice
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4
Q

what is the ethical obligation to accept unpopular cases

A

ethical obligation to make legal service available to all. can fulfill by accepting a fair share of unpopular matters or indigent or unpopular clients

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5
Q

how to communicate fees

A

before or within reasonable time of starting representation, must communicate basis or rate of fee and expenses client will pay for. must communicate any changes

exception - regularly represented client

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6
Q

is a writing required for fee agreements

A

no

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7
Q

what are the factors for reasonableness of fee

A
  1. time and labor required
  2. novelty and difficulty of questions
  3. skill needed
    4.if work for this client will keep lawyer from doing other work
  4. fee customarily arranged in locality for similar stuff
  5. amount at stake and results obtained
  6. time limitations
  7. nature and length of relationship
  8. experience, reputation, ability of lawyer
  9. fixed or contingent
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8
Q

what cannot be billed for

A

ordinary overhead expenses associated with staffing, equipping, running the office

but may bill for ACTUAL COST of special services like photo copying, long distance calls, deliveries, secretary overtime. plus anything the client agreed to in advance

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9
Q

can you require payment in advance

A

yes but must give back any unearned portion if fired or withdrawn

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10
Q

is a retainer refundable

A

no– it’s like a reservation

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11
Q

can a lawyer accept property in return for services

A

yes as long as it doesn’t involve a proprietary internet in the cause of action or subject of litigation

could be conflict because it’s a business transaction between lawyer and client

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12
Q

can a lawyer make an arrangement that might cut off services in the middle

A

no

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13
Q

when is a contingent fee prohibited

A

criminal. cases
domestic relations

but NOT collections

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14
Q

is a writing required for a contingent fee

A

yes. signed by client and must say

  1. how fee is to be calculated
  2. what expenses are to be deducted from recover
  3. whether deductions will be made before or after the contingent fee is collected
  4. what expenses client must pay whether she wins or no
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15
Q

how does a contingent fee case end

A

lawyer must give client a written statement showing outcome, remittance, and how calculated

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16
Q

what if someone don’t pay you

A
  1. liens
  2. retention of funds in trust account (disputed amount)
  3. arbitration or mediation
17
Q

when CAN you split fees

A
  1. in your firm
  2. separation and retirement agreements in firm
  3. lawyers outside firm IF
    a) fee is reasonable
    b) split is in proportion to services performed by each lawyer or each lawyer assumes joint responsibility and
    c) client agrees to the split in writing that says who gets what
18
Q

what’s the general scope of rep

A

lawyer must abide by client’s decisions concerning objectives, must consult as to the means by which to pursue objectives.

lawyer can take actions impliedly authorized to carry out rep

19
Q

can a lawyer limit scope

A

yes if

  1. the limitation is reasonable under circumstances
  2. client gives informed consent
20
Q

can a lawyer assist client in crime or fraud

A

no. but may discuss the legal consequences.

when lawyer discovers client expects assistance that violates rule, or if lawyer intends to act contrary to client’s instructions, lawyer must explain why she can’t do what client wants

21
Q

what if lawyer discovers that a client has begun an illegal course of action that is ongoing

A

lawyer must not assist in the wrongdoing by drafting docs or advising on hiding it.

in this scenario, must withdraw because continuing rep would violate rules.

sometimes withdrawal is not enough and noisy withdrawal is needed (disaffirming previous work to outsiders)

22
Q

what decisions are made by client

A
  1. settlement offers
  2. pleas
  3. waiving jury trial
  4. testifying
  5. appealing
23
Q

what if lawyer and client disagree

A

try to resolve, if not, lawyer may withdraw or be fired

24
Q

what kinds of authority does lawyer have

A

actual, apparent, implied

25
Q

how does client signal apparent authority

A

often retaining lawyer is enough.

but for settlements and other client decisions, retention is not enough.

26
Q

what if lawyer acted without authority

A

client could ratify it with inaction, but lawyer is still subject to discipline

27
Q

when does lawyer’s authority end

A
  1. matter is complete or lawyer is fired/withdraws
  2. client dies
  3. lawyer dies or can’t continue

apparent authority ends when third party knows or should know – lawyer must notify third party

28
Q

what if client has diminished capacity

A

lawyer has duty to maintain as normal a relationship as possible – respect and keep them looped in

29
Q

what actions could lawyer take for diminished capacity client at risk of substantial physical, financial, other harm

A

could seek appointment of guardian. when taking protective action, lawyer has implied authority to reveal confidential info to extent necessary

30
Q

what if a seriously diminished client has an emergency

A

if person faces imminent and irritable harm to health ,safety, finances, lawyer may take legal action on client’s behalf despite not having established a lawyer client relationship

any action should be limited to what is reasonably necessary to maintain status quo or avoid imminent irreparable harm

also don’t seek $$$ for it

31
Q

how often must lawyer talk to client

A

must keep client reasonably informed about status of matter and means by which lawyer plans to accomplish goals

if lawyer has to make an immediate decision, lawyer need not consult

32
Q

what if lawyer makes mistake

A

must inform a current client if lawyer thinks he materially erred in any rep. once relationship ends though, no worries

33
Q

when can you withhold info from client

A

if the client would be likely to react imprudently to an immediate communication. or a court order

but can’t if it’s just that the info would serve lawyer or third person’s interest or convenience

34
Q

how does relationship end

A
  1. client fires lawyer
  2. lawyer chooses to withdraws
  3. lawyer must withdraw
  4. matter ends peaacefully
35
Q

when must a lawyer withdraw

A
  1. disability
  2. illegality or ethical violation (if continuing would require attorney to violate rule)
36
Q

when may an attorney withdraw

A
  1. any reason if won’t have material adverse effect on client
  2. client persists in course of action that involves lawyer’s services and lawyer reasonably believes its criminal or fraudulent
  3. client has used the attorney’s services to commit past fraud or crime
  4. client’s objective is repugnant
  5. client won’t pay
  6. financial hardship
  7. client won’t cooperate
  8. other good cause
37
Q

what are lawyers duties upon termination of rep

A
  1. provide client with reasonable notice of withdraw
    b. providing client with time to find someone else
  2. refunding attorney’s fees paid in advance and not yet earned
  3. returning all papers and propers

Legal Pro (13 decks)

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