Client-Lawyer Relationship Flashcards
1
Q
Rule 1.1 Competence
A
A lawyer must provide competent representation with KSTP:
Knowledge
Skill
Thoroughness
Preparation
2
Q
Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer
A
Client Decisions: Lawyer follows client’s objectives, settlement decisions, and key criminal case choices (plea, jury trial, testimony).
No Endorsement: Representation ≠ endorsement of client’s views.
Limited Scope: Allowed if reasonable and client consents.
No Illegal Conduct: Cannot help with crime/fraud but can discuss legal consequences.
3
Q
Rule 1.3 Diligence
A
A lawyer shall act with reasonable diligence and promptness in representing a client.
4
Q
Rule 1.4 Communications
A
Lawyer’s Duties to Client (PRKPC):
Promptly inform of required consents.
Reasonably consult on means to achieve objectives.
Keep client informed on status.
Promptly respond to information requests.
Consult on limitations if client’s expectations conflict with the rules.
Explanation Requirement: Explain matters clearly for informed client decisions.
5
Q
Rule 1.5 Fees
A
- Reasonable Fees
Fees must be reasonable, considering:
Time and labor required
Likelihood of precluding other work
Amount involved/results obtained
Fee customarily charged
Experience/reputation of lawyer
Novelty/difficulty of case
Client relationship length
Expenses: Fixed or contingent - Fee Communication:
Explain scope and fee basis, preferably in writing, before/soon after starting. - Contingent Fees:
Allowed, except for:
Divorce outcomes or alimony
Criminal defense
Must be in writing, signed by client, detailing fee calculation and liabilities. - Fee Division (PWC):
Allowed if:
Proportional services or joint responsibility
Written client agreement on shares
Client consent and reasonable total fee
6
Q
Rule 1.6 Confidentiality of Information
A
- General Rule:
No disclosure of client info unless:
IC: Informed Consent
IA: Impliedly Authorized
BP: Permitted by exceptions in (b) - Permitted Disclosures
Death/bodily harm prevention
Reporting/rectifying client crime or fraud
Financial injury prevention/mitigation
Legal advice on compliance
Allegations/claims defense in a dispute
Court order or law compliance
Conflicts detection (without compromising privilege) - Protection:
Reasonable efforts to prevent unauthorized disclosure/access.
7
Q
Rule 1.7 Conflict of Interest: Current Clients
A
- No Representation if Conflict Exists:
Direct Adversity: Representing one client is adverse to another.
Material Limitation: Representation limited by duties to another client, former client, third party, or personal interest. - Exceptions (4 Cs) - Allowed if:
Competent & diligent representation is possible.
Compliance with the law (not prohibited).
Claim conflict does not exist (no clients against each other in the same case).
Client consent is informed and in writing.
8
Q
Rule 1.8 Conflict of Interest: Current Clients: Specific Rules
A
- Business Transactions (FID):
Fair terms, disclosed in writing.
Independent counsel advised in writing.
Disclosed, signed consent. - Use of Info:
No use of client info to their disadvantage without consent. - Gifts:
No substantial gifts from clients unless related. - Literary Rights:
No rights to client stories before case ends. - Financial Assistance:
No assistance, except:
Court costs or litigation expenses.
Indigent clients’ basic needs, with limits. - Compensation from Others:
Allowed if:
Client consent.
Independence maintained.
Privacy protected. - Aggregate Settlement:
All clients must give informed, written consent. - Limiting Liability:
Only with independent counsel, if limiting malpractice. - Proprietary Interest:
No interest in case, except:
Lien for fees.
Contingent fee in civil cases. - Sexual Relations:
Prohibited unless pre-existing relationship. - Imputation:
Rules apply to all firm members.
9
Q
Rule 1.9 Duties of Former Clients
A
- No Adverse Representation (SAD):
No representing another in the Same or Substantially Related matter if interests are Materially Adverse to a Former client, unless:
Informed Consent in Writing (ICW). - Former Firm Conflict:
No representation if:
Firm represented a materially adverse client, and
Lawyer has material confidential info, unless ICW from former client. - Protect Former Client Info:
No Use of former client info to their disadvantage.
No Disclosure unless permitted or generally known.
10
Q
Rule 1.10 Imputation of Conflicts of Interest: General Rule
A
- Firm-Wide Conflict Rule:
If one lawyer in a firm is disqualified, all are, unless:
Personal Interest: No significant risk to other lawyers’ representation.
Former Firm Conflict: Lawyer is Screened and:
Screened from case and no fee.
Notice given to former client.
Certifications of compliance provided. - Post-Termination Representation:
Firm can represent against former client’s interest unless:
Same/Substantially Related matter, and
Confidential Info still held by any remaining lawyer. - Waiver: Conflict can be waived with informed consent under Rule 1.7.
- Gov’t Lawyers: Follow Rule 1.11 for disqualification.
11
Q
Rule 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees
A
- Former Gov’t Lawyer (Rule 1.9(c) & Consent):
No representation in a matter personally/substantially involved in unless ICW (Informed Consent in Writing) from the agency. - Firm Disqualification:
If a former gov’t lawyer is disqualified:
Screened and no fee participation.
Notice to government agency. - Confidential Gov’t Info:
No representation using confidential info against a person unless Screened. - Current Gov’t Lawyer:
Follows Rules 1.7 & 1.9.
No participation in private-practice matters without agency ICW.
No employment negotiations with involved parties in active matters (exception for law clerks per Rule 1.12). - Definition of “Matter”:
Specific legal matters with parties (e.g., cases, contracts).
Other matters as per agency conflict rules.
12
Q
Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
A
- No Representation if Involved as Neutral:
No representation in a matter you personally & substantially participated in as a judge, law clerk, arbitrator, mediator, or neutral, unless:
ICW (Informed Consent in Writing) from all parties. - Employment Negotiations:
No negotiating with involved parties if acting as judge, arbitrator, mediator, or neutral.
Law clerks may negotiate but must notify the judge. - Firm Disqualification:
Firm can represent if disqualified lawyer is:
Screened from the case.
Notice given to parties and tribunal. - Partisan Arbitrator Exception:
A partisan arbitrator can represent that party after arbitration.
13
Q
Rule 1.13 Organization as Client
A
- Lawyer Represents Organization: Acts through its authorized constituents.
- Reporting Misconduct: If an employee’s action violates legal obligations or law causing likely substantial injury to the organization, lawyer must escalate the issue to higher authority within the organization.
- Disclosure: If highest authority fails to act and violation will cause substantial injury, lawyer may disclose info even if Rule 1.6 prohibits, but only as necessary to prevent injury.
- Exceptions: No disclosure if representing organization in investigation/defense of alleged violation.
- Discharge or Withdrawal: Inform highest authority if discharged or withdraws due to actions under (b) or (c).
- Client Identity: Clarify organizational client’s identity if interests conflict with those of constituents.
- Dual Representation: Allowed if not conflicting under Rule 1.7. Consent must come from someone other than the represented individual.
14
Q
Rule 1.14 Client with Diminished Capacity
A
- Maintain Normal Relationship: As much as possible, keep a normal lawyer-client relationship despite diminished capacity.
- Protective Action: If client is at risk of substantial harm and cannot act in their own interest, lawyer may:
Consult with protective parties.
Seek guardian or conservator appointment if needed. - Confidentiality: Info is protected under Rule 1.6.
Lawyer may disclose necessary info to protect client’s interests when taking protective actions.
15
Q
Rule 1.15 Safekeeping Property
A
- Separation of Property: Client/Third-party property must be kept separate from lawyer’s own property.
Funds go into a separate trust account; other property must be safeguarded and recorded for 5 years. - Lawyer Funds: Only deposit lawyer’s funds to cover bank fees, and only necessary amounts.
- Advance Fees: Deposit advance legal fees/expenses in trust account. Withdraw only as earned or incurred.
- Notification & Delivery: Notify clients/third parties upon receiving property.
Deliver promptly and provide an accounting upon request. - Disputed Property: Keep disputed property separate until resolved.
Distribute undisputed portions promptly.
