Client Lawyer Relationship

Question 1

formation arises when

Answer 1

1) a person manifests intent that lawyer provide legal services and L agrees
2) reasonable reliance on lawyer
3) tribunal appointment

Question 2

reasonable reliance of client on lawyer

Answer 2

C manifests intent for L to represent, L fails to make clear doesnt want to undertake representation, the L knows or should know that the prospective C is reasonably relying on the L to provide services

Question 3

implied consent of lawyer

Answer 3

-failure to clearly decline representation, which the prospective client reasonably relies on
-question of fact

Question 4

Duty to reject cases

Answer 4

1) clients motive is to harass
2) unsupportable factual or legal position
3) lawyer not competent
4) strong personal feelings
5) impaired mental or physical condition

Question 5

Duty to prospective clients

Answer 5

when person consults with lawyer about possibility of forming a relationship, an no such relationship ensues, the lawyer has a duty to
1) protect the PC’s confidential information
2) protect any property PC has given lawyer
3) use reasonable care in giving the person legal advice

Question 6

ethical obligation to accept unpopular cases

Answer 6

fulfills obligation of making legal services available to all who need it by accepting a fair share of unpopular matters or indigent or unpopular clients

Question 7

must communicate fee arrangement to client

Answer 7

before or within a reasonable time after commencing representation must communicate the basis or rate of the fee and the expenses for which the client will be responsible
writing preferred but not required
ongoing duty

Question 8

regularly represented client exception

Answer 8

if L regularly represents C and will be charging the same basis or rate as in other matters, L need not communicate fee arrangement each time

Question 9

unreasonable fees factors

Answer 9

1) time and labor
2) novelty and difficulty of questions involved
3) skill needed to perform legal services properly
4) likelihood if apparent to C that the work for this C will preclude L from doing fee paying work for others
5) fee customarily charged in locality for similar work
6) nature and length of the relationship
7) experience, reputation, and ability of the lawyer
8) whether fixed or contingent fee

Question 10

consequences for unreasonable fee

Answer 10

Court will not enforce contract for unreasonably high attorney’s fees or expenses, and attorney is s/t discipline for trying to exact such expenses

Question 11

Billable items

Answer 11

actual cost to attorney for special services such as photocopies, long distance calls, computer research, special deliveries, secretary overtime

Question 12

non billable items

Answer 12

ordinary overhead expenses like staffing, equipping, and running the attorney’s office, more cost than actual for services provided by 3rd parties, double billing

Question 13

payment in advance

Answer 13

lawyer can require fee to be paid in advance but must refund any unearned portion if fired or withdrawn
not a true retainer fee, pays for services to be rendered in future

Question 14

property for services

Answer 14

lawyer can accept property in return for services provided it doesnt involve a proprietary interest in the cause of action or subject of litigation contrary to the rules

Question 15

contingent fees are prohibited in

Answer 15

criminal and domestic relations cases

Question 16

contingent fee requirements

Answer 16

1) must be reasonable
2) must be in writing signed by client and say
3) how fee is to be calculated
4) what litigation and other expenses are to be deducted from recovery
5) whether deductions for expenses will be made before or after the contingent fee is calculated and
6) what expenses the client must pay
7) at the end give client a written statment showing the outcome of the case