Client- Lawyer Relationship

Question 1

Acceptance or Rejection of Clients

Answer 1

No general duty to accept representation of any client

-Except: court appointments–appointed lawyer has same duties to client as retained lawyer

Question 2

Acceptance or Rejection of Clients: Undertaking Representation

Answer 2

A lawyer is both a fiduciary and agent of the client 
     -Creation of Relationship: 
      when client reasonably 
      believes relationship 
      exists; no formal writing or 
      agreement needed. 

 -Duty to Reject: violation of rule of ethics/ law or material impairment of lawyer's ability to represent the client due to lawyer's physical or mental condition

Question 3

Scope, Objectives and Means of Representation: Decisions made by Lawyer

Answer 3

-Means of achieving the client’s objectives, after reasonably consulting w/ client
-May make most decisions
relating to strategy and
methods for achieving
client’s goals

 -Must reasonably consult 
  w/ client about client's 
  objectives and keep them 
  reasonably informed

     -May limit scope of 
     representation if the 
     limitation is reasonable 
     under circumstances and 
     client provides informed    
     consent