Competence and Other Common Sense Duties to your Client Flashcards
You have a duty to render competent service to your client. That means:
using the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
If you don’t know the relevant law or it requires expertise you don’t have, don’t take the work unless you can….
learn it without undue expense or delay, or you work with a lawyer competent in the area.
Incompetence exposes you to:
discipline by the Bar, possible state or federal court sanctions, and possibly also criminal and civil liability.
Incompetence is different from a malpractice action, which is…
a civil case brought by a plaintiff for money damages.
A disciplinary action is administrative and…
brought by the VA State Bar to protect the public.
A malpractice plaintiff must prove…
a breach of a duty of due care.
You have a duty to diligently, promptly, and zealously…
pursue your case to completion.
You believe your client committed the murder for which he is on trial, but the State’s case is weak and circumstantial. May you vigorously cross examine a weak witness, seek a not guilty verdict, and present mitigating evidence?
Yes. It is your duty to demand the state prove every element of a criminal charge beyond a reasonable doubt.
What does the duty to communicate entail?
You have a duty to keep your client informed about the case, answer client communications, and convey settlement offers.
What must you do if a settlement offer is made to joint clients?
Consult with all and be sure they agree on the division of the settlement before accepting.
Lawyers (are/are not) free to accept or to reject any case.
are. “A lawyer is not a bus.”
You should volunteer ____ of your professional time annually to pro bono work (without charge).
2%
You must reject a case if taking it would…
violate a law or ethical rule. Typical problems are if you are not in the physical or mental shape to take the case (violating the duty of competence to the client).
The client makes decisions about her substantive rights (testifying in a criminal case, accepting a plea or settlement). The lawyer makes decisions on…
legal tactics. (choice of motions)
If a lawyer and client disagree on the scope of representation, the lawyer may…
limit the scope of representation, with client consent.
You can explain why a course of conduct would be unlawful. But you must not…
assist a client in conduct you know is criminal or advise how to act illegally and get away with it!
If your client insists on unethical assistance, you…
must withdraw.
Under the mandatory withdrawal rule, you must withdraw from a pending case if…
you are fired, or if continuing would violate a law or ethical rule, e.g., if your client is using your services to commit a crime or fraud.
Uner the permissive withdrawal rule, you may withdraw if..
you can do so without material adverse effect to your client.
What are some recognized reasons for permissive withdrawal?
- Your client persists in an illegal, unjust, imprudent or repugnant course of action
- Your client fails to fulfill an obligation to you after reasonable warning,
- Representation will unreasonably financially burdnen you
- Representation is unreasonably difficult,
- the client has used your services for a crime or fraud, or
- other good cause.
If you are counsel of record in a court proceeding, you need this to withdraw.
leave of court. the court may deny leave to withdraw.
To withdraw from a case, you must:
Provide timely notice to the client, and in a reasonable time, return:
- Any unspent fee and expense advances, and
- All of the client’s property and material papers. Include everything needed to pursue the case, even your work product. You cannot hold your client’s materials hostage to get paid!
Be reasonable and sensible. Even when there are no explicit rules, you must act to promote __________ ___________ in the integrity and efficiency of the legal system and profession.
public confidence
