Client-Lawyer Relationship Flashcards
Lawyer/Client Relationship Formax
- Person indicates intent that lawyer provide legal services.
- Assent
Implied Assent (L/C Relax)
- L fails to the clearly decline representation.
- Prospective client reasonably relies on the representation
Implied Assent (L/C Relax)
- L fails to the clearly decline representation.
- Prospective client reasonably relies on the representation
L Duty to Reject Cases (5)
- seize motive is to embarrass delay or burden a third-party.
- Factually or legally frivolous
- L is incompetent or too busy
- L‘s personal feelings may impair effective representation.
- L’s mental or physical condition will materially impair representation.
L Duty to Prospective C (3)
- protect person’s confidential info
- Protect person’s property
- Use reasonable care in giving any legal advice.
Reasonable Fee Factors
Time and labor
Novelty and difficulty
Skill required
Ls ability to take on other work
What other Ls charge
Amount at stake and results obtained
Time limitations
Experience, Rep and ability of L
Whether fee is fixed or contingent
Ways to Collect Fees (4)
Advance payment
Property for service
Credit arrangements and security
Contingent
Contingent Fee Reqs (2) > (5)
- Reasonable
- Written agreement (5)
- signed
- how fee is calculated
- litigation and other expenses to be deducted from recovery
- whether deductions for expenses will be made before or after fee is calculated
- expenses client must pay
Contingent fees prohibitions
Domestic Relations
Criminal
Fee Splitting - Same Firm (3)
- Partners and Associates
- Non lawyer compensation and benefits
- Payments under a separation/retirement agreement to a former partner/associate
Fee Splitting - Different Firm (3)
- Reasonable few
- C agrees in writing
- Split is in proportion to services performed OR another proportion if Ls assume joint responsibility
Limiting Scope of Representation
Permitted if
1. Limitation is reasonable under the circumstances
2. Client gives informed consent
Assisting C with Crime/Fraud (3)
- L must not advise/assist client to commit crime/fraud
- L may discuss legal consequences of proposed course of action
- L may also counsel C to make a good faith effort to determine validity/scope/meaning/application of law
Client Decisions (5)
C makes all decisions affecting Cs substantial legal rights, eg
1. Settlement offer
2. Plea
3. Waive jury trial
4. Testify in criminal case
5. Appeal
Ls Authority to Bind C
L will bind C where L has actual or apparent authority
Ls Actual Authority (2)
Anything the client has expressly told L to do
Anything impliedly authorized to carry out the representation
Ls Apparent Authority
Exists when court or third party
- reasonably assumes L has authority to act
- based on some manifestation from C that L has authority
Eg. Representation except for decisions that are always Cs
End of Ls Actual Authority (4) and Duty (1)
Matter is over
L is fired
L dies or is unable to continue rep
Client dies
L must notify 3Ps relying on continued existence of authority
End of Ls Apparent Authority
3P knows or should know that authority ended
C with Diminished Capacity - Ls Duty
L has a duty, so far as reasonably possible, to maintain a normal L/C relationship
Even if C has guardian/rep L must maintain comms, especially about major developments
C with Diminished Capacity - Protective Action
L may take reasonable action to protect C when
1. C has diminished capacity
AND
2. Faces risk of substantial physical/financial/other harm
L has authority to reveal confidential info as necessary to protect C
C with Serious Diminished Capacity - Emergency
L may take legal action on behalf of person even if no L/C relationship if
- L reasonably believes person has no other rep
- Person with serious diminished capacity is facing imminent and irreparable harm to health/safety/financial interest consults L
Ls Duty to Communicate with Client
- Promptly inform C of any decisions requiring informed consent
- Keep C reasonably informed about the status of matter and means used to accomplish Cs objective
- Respond promptly to Cs reasonable requests for information
- Consult with C if C expects L to do something illegal or unethical
Terminating L/C Relationship
- C fires L
- L MUST withdraw
- L MAY withdraw
C Fires Attorney
- With or without cause
- Reqs court permission
- C Liable to L for reasonable value of the work done
Mandatory Withdrawal
- Ls mental/physical condition would make it unreasonable to continue representation
- Continue representation would require L to break a law or disciplinary rule
- C insists on using services to commit or further a crime/fraud despite L discussion inability to assist
Permissive Withdrawal
- Any reason if no material adverse effect on Cs interest OR C consents
- Despite harm if (7)
- C persists in criminal/fraudulent conduct
- C used Ls services to commit a past crime/fraud
- C’s objective is against Ls beliefs
- C breaks promise to attorney
- Representation imposes unreasonable financial burden on L
- C will not cooperate in rep
- Other good cause
Ls Duty Upon Terminax of Rep (3)
- Give reasonable notice of withdrawal and chance to get another
- Refund my advance on fees not yet earned and expenses not yet spent
- Turn over all papers and property to which C is entitled
