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MPRE > Client Lawyer relationship > Flashcards

Client Lawyer relationship Flashcards

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MPRE flashcards
1
Q

Creation

A

When a client intends to create a relationship and the lawyer either accepts or fails to clearly decline

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2
Q

Duty to accept representation

A

Only when Court appointed and there is no good cause to decline

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3
Q

good cause to decline court appointed client

A
  1. competence
  2. violates a law or ethical rule
  3. unreasonable financial burdent
  4. the lawyers feelings would prevent effective representation
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4
Q

representing the defenseless or oppressed

A

Every lawyer has a professional responsibility to provide legal services for those unable to pay so an attorney should accept cases of the defenseless or oppressed if the only reason to refuse is selfish. A lawyer should also contribute to legal aid societies

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5
Q

Pro bono work

A

the ABA encourages 50 hours of pro bono work a year

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6
Q

Duty to reject representation

A
  1. if the representation would violate a rule or law
  2. If the motive is only to harass or maliciously injure/embarrass/delay/burden a third person
  3. if the claim or defense is frivlous
  4. the lawyer is incompetent
  5. personal feelings would prohibit effective representation
  6. Attorney’s mental or physical condition prohibits
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7
Q

options for incompetent counsel

A
  1. reject
  2. get educated in the practice area
  3. associate with competent counsel
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8
Q

Scope of representation

A

Client chooses the goal and lawyer consults with client on strategy but has the authority to make strategy decisions

Client makes decisions on substantative rights

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9
Q

Representation and criminal/fraudulent conduct

A

Don’t help your clients break the law, but you can explain the consequences should they choose to break law and make a good faith effort to determine the legality of a clients actions

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10
Q

Substantative rights

A
  1. Decision to sue
  2. settlement offers
  3. Pleas in criminal cases
  4. Jury trial waiver in criminal cases
  5. Testifying in criminal cases
  6. decision to appeal
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11
Q

limiting scope of representation

A

all good with informed consent

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12
Q

Duty to communicate

A
  1. promptly inform of decision requiring clients informed consent
  2. reasonably consult about means/strategy
  3. keep client reasonably informed about status
  4. Promptly comply with reasonable requests for information
  5. Consult with client about ethical limitations on lawyer conduct
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13
Q

Client with diminished capacity

A

Attorney has a duty to maintain as normal a lawyer client relationship with clients with diminished capacity as possible.

Client attorney privilige still exists however, the attorney has implied authorization to appoint a guardian

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14
Q

Appointing a guardian

A

An attorney may appoint a guardian if the attorney reasonably believes the client cannot protect their own interests. ie. there is a substantial risk of harm without protection.

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15
Q

Mandatory withdrawal

A

An attorney must withdraw from the representation or ask the court for permission to withdraw if

  1. mental or physical condition
  2. Continued representation would foster the commission of a crime. (If a client asks the attorney to break a rule/law and the attorney can continue representing the client without violating the law/rule withdrawal is not mandatory)
  3. Client fires attorney
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16
Q

Withdrawal during litigation

A

Court must permit withdrawal

17
Q

Permissive withdrawal

A

A lawyer may withdraw from representing a client if withdrawal can be accoplished without adverse effect

or

there is good cause

18
Q

Good cause for permissive withdrawal

A
  1. the lawyer believes that the client is using his services to foster criminal conduct
  2. the client has already used the lawyers services to perpetrate a crime or fraud
  3. the client insists on taking action that is morally repugnant
  4. client fails to pay fees after reasonable warning
  5. the representation is causing the attorney an unreasonable financial burden
  6. The client will not cooperate
  7. Client assents to attorney’s withdrawal
  8. other good cuase
19
Q

Procedure for permissive withdrawal

A

The attorney must provide timely notice to the client, all of the clients materials, and the client must have reasonable time to secure another client.

The attorney must also promptly return unspent fees. property and material papers. An attorney may retain some documents if allowed by law.

20
Q

Permissive withdrawal denied by court order

A

court can tell you no on withdrawal request

21
Q

Fees

A
  1. must be communicated (preferably in writing)

2. reasonable

22
Q

Contingency fees

A
  1. Must be in writing and signed by client
  2. State method by which the fee is to be determined
  3. not in domestic relations or criminal cases
23
Q

Fee splitting

A
  1. can only be between lawyers
  2. the division must be proportional to the work
  3. client must agree in writing
  4. the total fee must be reasonable
24
Q

Non competes

A

impermissable

MPRE (11 decks)

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