diligence, communication and allocation of authority Flashcards
when can you limit the scope of the rep under 1.2c
Can limit scope of rep if
1 limitation is reasonable under the circumstances AND
2. Client gives informed consent
what does informed consent mean when we want to limit the scope of the rep
Confirm scope, explain drawbacks of limited scope and risks, alternatives to limited scope
what is the general rule behind 1.2(a) allocation of authority
Atty must defer to client about OBJECTIVES OF THE REP
client decides the ENDS and the atty decides the MEANS
what are 1.2a decsions that the clients and the clients alone?
civil – whether to settle a matter
criminal – if a plea will be entered; whether to waive a jury trial; whether the client will testify
boyd v brett major
Family has a troubled son and needs to bond the son out
Uses the house as collateral
Son doesn’t show up to court
The bonding company failed to file an affidavit to make the claim valid – ie an affirmative defense
Atty Argues that client’s end was to just prolong not end the case; the client’s goal wasnt to win but to delay
An attorney’s failure to plead an available, absolute affirmative defense does not constitute malpractice if the attorney acted in accordance with the client’s specific instructions.
1.4 (a) communication
for the most part the lawyer must keep good communciation with their client – any excpetions?
The atty can temporarily withhold info if disclosure would harm the client – comm 7
when the client is an org, does the lawyer have the 1.4 duty to communicate with everyone at the org?
Inform appropriate people – not everyone in the org
what is the gist behind 1.3 dilligence
Lawyer should act with “reasonable diligence and promptness” in
representing a client
Can’t take on new matters if doing son would compromise competence/dilligence
ie procrastinaton is prob not the smartest thing to do
