Client-Lawyer Relationship - Qualities of Lawyer-Client Relationship Flashcards
1.2 - Scope of Rep b/w Client and Lawyer
OBEY CLIENT’S MAJOR DECISIONS, ESPECIALLY SETTLING A CASE;
REPPING A CLIENT DOESN’T MEAN ENDORSING THEIR POLITICAL OPINIONS
LAWYER MAY LIMIT SCOPE OF REP WITH INFORMED CONSENT
DON’T COUNSEL CLIENT TO COMMIT FRAUD/CRIME, BUT YOU CAN ADVISE ON THE CONSEQUENCES OF A PROPOSED COURSE OF ACTION
(a) Subject to paragraphs (c) and (d), a lawyer SHALL ABIDE by a CLIENT’S DECISIONS concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.
(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.
(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.
1.4 - Communications
KEEP CLIENT INFORMED
(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules;
(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
1.14 Client with Diminished Capacity
TREAT DISABLED CLIENTS NORMALLY, BUT IF NEEDED, YOU CAN ACT PROTECTIVELY OR REQUEST CONSERVATOR/GUARDIAN, EVEN IF IT REQUIRES REVEALING SOME INFO PROTECTED BY 1.6
(a) When a client’s capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client’s own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.
(c) Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client’s interests.
Jones v. Barnes
You don’t need to raise every legal issue in a criminal case even if your client wants to. No duty to raise every non-frivolous issue.
D convicted of robbery, appealed. D wanted Atty to raise 5 issues, but Atty chose to concentrate only on 3. D complained that Atty was giving ineffective assistance of counsel for not raising all 5 issues. Court said nope, adding weak arguments just dilutes good ones. Don’t need to add everything your client wants to talk about. Issues of law are within the atty’s discretion.
Conway v. Brooklyn Union
A client will be bound by an atty’s agreement to settle the claim if the atty had apparent authority to make the agreement.
Conway (P) repped by Atty agreed to settle against D and not file any more lawsuits. Under contracts rules, an atty can bind a client to a settlement agreement even if the client didn’t agree to settle on the proposed terms, but that is possibly ONLY IF that client gave the atty actual authority to enter a specific settlement agreement. In this case, apparent authority was granted because the client would always defer to the atty’s decisionmaking, therefore giving the other party the reason to believe that Atty had final say. Client gave this impression.
There is a presumption that an atty who agreed to settle a client’s claim had the authority to do so. Client has burden of showing atty didn’t have actual or apparent authority.
