Client-Lawyer Relationship

Question 1

A client-lawyer relationship exists when:

Options

Answer 1

1. A person manifests intent for lawyer to provide legal services and lawyer agrees OR
2. A person manifests intent for lawyer to provide legal services, but lawyer fails to clearly decline and knows/should know person is reasonably relying on services OR
3. A tribunal appoints a lawyer to represent someone

Question 2

Duties Owed to Prospective Clients

When a client-lawyer relationship does not ensue

Answer 2

1. Protect confidential information
2. Protect property given
3. Reasonable care in giving legal advice

Question 3

Types of Fees

Answer 3

• hourly
• flat
• contingency
• non-monetary property

Contingent fees require a written agreement

Question 4

Factors in deciding whether a fee is reasonable:

Answer 4

• time & labor
• complexity of matter
• nature of relationship
• fixed or contingent fee
• customarily charged in locality
• amount vs. result of matter
• time limits
• no double billing

Double billing refers to when a lawyer is working on two cases at a time (travel for 1 while writing for another during)

Question 5

Communicating Fee Agreements

to clients

Answer 5

A lawyer must, before or within a reasonable time after commencing representation, communicate the basis or rate of the fee and expenses the client will be responsible for.

The lawyer has an ongoing duty to communicate any changes to the client

Exception: lawyer regularly represents the client and will charge the same rate

Question 6

Contingent Fees

Prohibition & Formalities

Answer 6

Contingent fees are not allowed for:
* criminal cases
* domestic relations cases (besides collections)

Contingent fee agreements must:
* be in writing & signed
* disclose who is paying
* explain how the fee will be calculated
* explain which expenses will be deducted & when
* provide written statement at conclusion of case

Exception: may use a contingent fee in a suit to recover money past due for alimony or support decreee

Question 7

Dividing Fees Within Firm

Answer 7

A lawyer can share fees with current lawyers in their firm, retired members, and former firm members with pending cases.

Question 8

Dividing Fees Between Firms

Answer 8

1. Both lawyers must be involved or responsible in the representation of the matter
2. Either split proportionate to services given by each OR joint responsibility to split fee any way
3. Consent in writing from client to arrangement/shares
4. Reasonable fee

Question 9

Scope of Representation

Lawyer vs. Client

Answer 9

• Lawyer responsible for deciding the means in which to obtain objectives
• Client responsible for deciding what are the objectives of their case (to settle, to plea, to appeal)

Lawyer may limit scope of representation if reasonable and the client gives informed consent

Question 10

Lawyer’s Authority

Actual vs. Apparent

Answer 10

• Actual authority exists when the client communicates such to the lawyer expressly or impliedly.
• Apparent authority exists when a third party believes the lawyer has authority based on the client’s actions.

Question 11

Duties to Vulnerable Clients

Answer 11

1. Maintain normal relationship (continuous communication)
2. Take protective action if in risk of substantial harm AND
3. Disclose confidential information to extent necessary to protect client’s interests

Duty extends to vulnerable nonclient if they face imminent and irreparable harm

Question 12

Required Communication with Clients

Answer 12

1. case status updates
2. game plan
3. response to reasonable requests for info
4. anything that requires informed consent
5. settlement and plea offers (notify promptly)

Question 13

A lawyer must decline or withdraw from representation if:

Answer 13

• physical or mental condition materially impairs ability to represent client
• violation of Rules of Professional Conduct
• fired by client

Question 14

A lawyer may withdraw from representation if:

Answer 14

• any reason as long as there is no material adverse effect
• reasonable belief client committing a crime or fraud involving the lawyer’s services
• client used lawyer’s services in the past to commit a crime or fraud
• client’s actions are repugnant
• client makes representation unreasonably difficult
• client has not paid and has been warned
• unreasonable financial burden
• other good cause

If withdraw for good reason or fired without cause, a lawyer is entitled to reasonable value of work they did