Duties of the Client (Keeping the client)

Question 1

What areas can you breakdown conflicts of interest into?

Answer 1

• Conflict between:
  
  • Client & lawyer
  • Client & another client
  • Clinet & 3rd pty

Question 2

Can a lawyer represent a client even if their interest are adverse?

Answer 2

• Lawyer can represent client if:
  
  1. Lawyer reasonably believes that the representation will not be adversely affected AND
  2. The client gives informed consent confirmed in writing

Question 3

How to address financial dealings bettwen client & lawyer?

Answer 3

• Lawyer cannot engage in business transactions UNLESS:
  
  1. the transaction is objectively fair & reasonable
  2. the client has to be fully informed of the terms of the agreement in writing in a manner the client can understand
  3. the client must be advised in writing of the desirability of seeking independent legal counsel and a reasonable oppty to do se
  4. client must give informed consent to the agreement in a signed writing

Question 4

What is the rule about gifts between a lawyer & a client?

Answer 4

• generally ok to receive gift from client
• BUT will be a conflict for a lawyer to solicit a substantial gift from a client OR
  
  • to prepare an instrument giving a gift to the lawyer or a relative of the lawyer

Question 5

What is the rule for book & media rights?

Answer 5

• Lawyer CANNOT acquire any rights to books, other media rights involving:
  
  • a client
  • a client’s story OR
  • pending litigation
• Unless & until the representation is over

Question 6

What is the rule for a lawyer to provide financial assistance to a client?

Answer 6

• generally a lawyer is not to provide financial assistance to a client
• EXCEPT
  
  • Lawyer can advance litigation costs/spenses on behalf of the client provided the client is to remain liable to pay that money
  • HOWEVER, it is okay for the repayment to be contingent on the outcome of the case

Question 7

What is the rule for conflict of interest with the lawyer as a witness?

Answer 7

• the lawyer can be a witness only when he is a necessary witness
  
  • necessary when he is the only person who can introduce the evidence into the case

Question 8

HYPO

_Client is a friend of Attorney from the community and he comes to Attorney to complain about the payments on his vacuum cleaner. Attorney agrees to help Client. Attorney reads the contract Client provides and then calls the company that sells the vacuum cleaners. The company agrees to cut the payment amount in half and extend the contract for payment by two years. Attorney tells Client, and Client agrees to this new
arrangement. Has the Attorney done anything wrong?_

Answer 8

No, the lawyer did nothing wrong

Question 9

Can a lawyer represent multiple clients even though their interest may be in conflict?

Answer 9

• BAN if they are opponents in a lawsuit
• OTHERWISE PROPER if:
  
  1. Lawyer reasonably believes that the representation will not be adversely affectedAND
  2. Each client gives informed consent in writing
     
     • client fully informed of all of the implictaions
     • client understands it

Question 10

Can you begogiate a settlement/plea for co-clients?

Answer 10

• YES, provided that:
  
  • You must dislose to each client the nature & extent of all claims & the participation of each person in the settlement/plea AND
  • Each client must give informed consent in a signed writing

Question 11

How do you address conflicts between formed clients & present?

Answer 11

• YES, UNLESS:
  
  1. Lawyer has received confidential info from former client pertaining to the suit which can now be used against that former client OR
  2. If the issues in the two suits are substantially related
• THUS, if the situation falls in the above two, the atty needs to get:
  
  • Informed consent confirmed in writing from former client

Question 12

How to address conflict between gov’t former clients & new clients?

Answer 12

• Yes you can represent new client
• Disqualification very limited:
  
  • PROHIBITED ONLY WHEN the representation invloves exactly the same subject matter over which the lawyer had actual hands on personal invlovement while with the gov’t
  • If gov’t gives informed consent confirmed in writing can still over come disqualification

Question 13

How to addrss conflicts between clients & 3rd parties?

Answer 13

• Situation arises when a 3rd pty is paying the lawyer’s fee
• Lawyer can accept money from a 3rd pty if:
  
  1. the client consents to the arrangement
  2. there is no interference with the lawyer’s exercise of professional judgment
  3. confidentiality of info is preserved
• 3rd pty, has no right to exercise any control or know confidential information

Question 14

HYPO

A partner in a private firm serves as a board member of a local nonprofit organization dedicated to eradicating racism. She has been involved in the work of this nonprofit for a number of years. The local leader of a racist organization walks into the partner’s firm and talks with the managing partner. The local leader is seeking representation on a constitutional issue regarding a denied permit to march in a local parade. The managing partner brings the local leader to the partner’s office and asks her to represent him. She is an expert in freedom of speech issues. Can she do so?

Question 15

Keeping a Client Overview

Answer 15

• you are competent to deal with client’s problem
• charge a proper fee
• properly deal with client funds
• there are not conflicts presented by the representation