creating the atty client relationship Flashcards
is there a duty to accept representation from everyone?
no
when can you reject representation
if relationship will violate ethics or law
when does representation start
client reasonably believes atty has been undertaken to provide legal advice
fees
reasonable
atty must adequately explain fee
contingent fees
in writing
signed by client
explain how its broken down
what must a client do after a case with contingent fees?
provide writing explaining outcome and breakdown of fees
when are contingent fees not allowed
criminal
dom rel
fiduciary duties owed to client
good faith
care
tell the truth
look after $ or property
how does a atty handle client $
seperate trust acct
maintain records
no commingling
what must a client do when they get $ for the client?
promptly pay them and acct for it
what is the duty regarding legal knowledge
competence
knowledge, skill, and preparation reasonably necessary
can I take a case if im not well verse in the area?
yes if i acquire necessary skill after the fact w/ reasonable diligence
can i rep someone in an emergency without appropriate competence?
yes
duty to be timely in helping client
diligence
what are not excuses for dilgence
taking vacation
short staffed