Client-Lawyer Relationship

Question 1

When is a client-attorney relationship implied?

(three factors)

Answer 1

1. The client sought legal advise
2. The matter is within the lawyer’s normal range of competence

Question 2

Rule 1.1: Competence

A lawyer shall provide competent representation to a client. This requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for representation.

1. What factors are examined when determining competence?
2. When can a lawyer give advice on a matter in which he does not usually have the skill required?

Answer 2

1. Comment 1 – factors to determine competence, such as specialized nature of the law, general experience, preparation and study, etc.
2. Comment 3 – in an emergency a lawyer may give advice on a matter in which he does not ordinarily have the skill required, but it must be “reasonably necessary in the circumstances”

Question 3

Rule 1.2: Scope

A lawyer shall abide by a client’s decision concerning the objective of representation and shall consult with the client as to the means by which they are to be pursued.

Does a lawyer have to consult with the client prior to every action the lawyer takes?

What other rule pertains to this?

Answer 3

Not necessarily, a lawyer may take such action as impliedly authorized to carry out representation

Rule 1.4: Communication

Question 4

Rule 1.2: Scope

Does a lawyer have to listen to a client about whether or not to settle in that client’s case?

Answer 4

Yes, but if there is a fundamental disagreement between the lawyer and the client, the lawyer may withdraw from the representation pursuant to Rule 1.16(b)(4)

Conversely, the client can discharge the law pursuant to Rule 1.16(a)(3)

Question 5

Rule 1.2: Scope

Does a lawyer’s representation of a client constiture an endorsement of the client’s political, economic, social or moral views or activities?

Answer 5

No, representation does not constitute endorsement

Question 6

Rule 1.2: Scope

When may a lawyer limit the scope of the representation?

Answer 6

If the limitation is reasonable under the circumstances

AND

the client gives informed consent (as defined in Rule 1.0)

Question 7

Rule 1.2: Scope

What is the acceptable scope of representation when a client is inquiring about conduct the lawyer knows is criminal or fraudulent?

Answer 7

A lawyer shall not advise or assist a client in any fraudulent activity, but may advise as to the legal consequences of such conduct.

Question 8

Rule 1.2: Scope

Limitation should be considered as a factor when assessing whether the lawyer provided what?

Answer 8

Competent representation.

The lawyer is still required to provide competent representation, but the fact that the representaiton was limited will be considered when assessing whether representation was competent.

Question 9

Rule 1.2: Scope

True or False:

If a client uses a lawyer’s advise in a course of action that is criminal or fraudulent automatically makes the lawyer a party to the course of action

Answer 9

False, does not automatically make lawyer a party. Lawyer can give advise on the consequences of an action. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed without consequence.

Question 10

Rule 1.2: Scope

If a lawyer finds out a client is engaging in criminal or fraudulent, what does the lawyer have to do?

Answer 10

Lawyer has to withdraw from the representation of the client in the matter.

Question 11

Rule 1.3: Diligence

A lawyer shall act with reasonable diligence and promptness in representing a client.

Does this mean a lawyer has to press for every advantage that may be realized and to use offensive tactivs?

Answer 11

No, a lawyer is not bound to press for every advantage that may be realized or to use offensive tactics. He is given authority to exercise professional discretion in pursuing a matter.

Question 12

Rule 1.3: Diligence

What does comment 5 requrie a sole practicioner to do?

Answer 12

The duty of diligence requires a sole practicioner lawyer to prepare a plan that designates another competent lawyer to review client files, notify clients, and determine whether there is a need for action, in case of the sole practicioner’s death

Question 13

Rule 1.3: Diligence

What does the duty of diligence require of a lawyer’s workload?

Answer 13

Lawyer’s work load must be controlled so that each matter can be handled competently

Question 14

Rule 1.15: Safekeeping of Property

(a) A lawyer shall hold property of clients or third parties

separate from his own property

and he shall maintain complete records of such account funds and keep them for HOW MANY years after termination of the representation?

Answer 14

Must keep them for 5 years after representation

Question 15

Rule 1.15: Safekeeping Property

Can a lawyer deposit his own funds into a client account?

Answer 15

Yes, for the sole purpose of paying bank service charges.

Question 16

Rule 1.15: Safekeeping Property

Can a lawyer deposit into a client trust account legal fees and expenses that have been paid in advance?

Answer 16

Yes, and they are to be withdrawn by the lawyer only as fees are earned or expenses are incurred

Question 17

Rule 1.15: Safekeeping Property

What must a lawyer do when the lawyer recieves funds or property of a client or third person?

Answer 17

Lawyer shall promptly notify the client or third person.

Lawyer shall promptly deliver the property to the client or third person (unless there is an agreement to do otherwise)

Third person may request the lawyer render a full accounting regarding the property

Question 18

Rule 1.15: Safekeeping of Property

What shall a lawyer do when, in the course of representation, the lawyer is in possession of property that two or more people claim interest in?

Answer 18

The lawyer must keep the property seperate until the dispute is resolved.

The lawyer shall promptly distribute all portions of the property in which the interests are not in dispute