Definding the Attorney-Client Relationship Flashcards
Does an attorney-client relationship giving rise to a fiduciary duty arise even during preliminary consultations regarding the attorneys possible retention?
Yes, Perez v. Kirk and Carrigan
Are Communications from corporate employees to corporate counsel covered by the attorney-client privilege?
Yes, Upjohn company v United States
Is a client Bound by his lawyers tactical decisions and actions?
Yes Taylor v Illinois
What is the remedy for a civil litigant who’s attorney performs inadequately?
A malpractice suit against the attorney. Choice Hotels International v Grover.
Does an attorney have a duty to inform client concerning legal claims or problems that are reasonably apparent to the lawyer even though they are outside the scope of the retainer agreement between the attorney and the client?
Yes. Nichols v Keller
Does a defense counsel assigned to prosecute an appeal from a criminal conviction have a constitutional duty to raise every nonfrivolous issue requested by the defendant?
No. Jones v Barnes
In a civil suit is a defense counsel subject to malpractice action if he fails to follow the client’s instructions because it was not in the best interest of the client?
Yes. Ofle v Gordon
Is expert testimony required to establish the standard of care and a departure from that standard when the attorneys negligent disregard of the client’s instructions cause the damage?
No. Ofle v Gordon
Is it generally recognized that an attorney may be liable for all losses caused by his failure to follow, with reasonable promptness and care, explicit instructions of his client?
Yes, Olfe v Gordon
Met an attorney-client relationship be implied from the conduct of the parties?
Yes. Perez v Carrigan
Are certain communications between attorney and client privileged from disclosure in civil and criminal proceedings?
Yes. Perez v Carrigan
What is a Fiduciary Duty?
The exercise of good faith, loyalty, honesty, and other methods of acting for the benefit of another.
What is the control test in determining attorney-client privileges?
Communications by those employees who have the power and authority to control the corporation.
Has the United States Supreme Court rejected the control test?
Yes
What is the subject matter test?
Communications that provide information relevant to the rendering of legal advice by the attorney to the corporation.
