Creation of ACR Flashcards
Through court appointment
Must be accepted unless: (3)
Appt will cause undue financial hardship to lawyer
Client or matter is repugnant to point of affecting lawyer’s performance
Representing client leads to a breach of ethics or law
Contract approach
Written or express spoken contract between potential client and lawyer OR Implied:
Contract implied by conduct of potential client and lawyer formed (would a reasonable person believe ACR existed)
Anything written down?
Acceptance by lawyer?
Money exchanged?
Legal fees discussed?
How sophisticated was the potential client? (are they accustomed to the nuances and thorough methods of pursuing legal claims?)
Tort approach
ACR created whenever an individual seeks and receives legal advice from an attorney in circumstances in which a reasonable person would rely on such advice // believe ACR existed?
Togstad → P was injured after physician committed medical malpractice. P’s wife met with attorney Miller. After wife explained what happened in hospital, Miller informed her there was no legal claim to pursue. Miller did not advise P’s wife to seek alternative legal methods nor did he inform her of the 2 year SOL on medical malpractice claims. The SOL expired.
Other considerations: Would a reasonable person believe ACR existed)
Legal fees discussed?
How sophisticated was the potential client? (are they accustomed to the nuances and thorough methods of pursuing legal claims?)
