Duties to Clients

Question 1

When is an attorney-client relationship formed?

Answer 1

• Express agreement of the parties
• Implied agreement, based on the intent and conduct of the parties
• A court’s appointment of a lawyer to represent a client
• Lawyers can refuse service for any reason (and must decline to represent a client if representation would result in a violation

Question 2

Must a lawyer do pro bono work?

Answer 2

No. But must not must not seek to avoid appointment by a tribunal to represent a person except for good cause,

No rule in CA, but lawyers take oath to never to reject, for personal reasons, the cause of the defenseless or the oppressed.

Question 3

When must a lawyer decline representation?

Answer 3

• Representation will result in a violation
• The lawyer’s physical or mental condition substantially impairs the lawyer’s ability to represent the client
• The lawyer is discharged by the client
• In CA, also if client is litigating, appealing, has a defense, that is without probable cause and is for of harassing or maliciously injuring someone.

Question 4

When can a lawyer withdraw?

Answer 4

• If it can be accomplished without material adverse effect on the client’s interests, or where there is good cause to do so.
• In CA, includes, if client knowingly and freely assents to termination of representation.
• Must continue on court order
• Must take steps to protect client interest (i.e. reasonable notice, giving time to get new counsel, returning file, refunding unearned advance payments)

Question 5

When does a client have the final decision?

Answer 5

• Whether to accept a settlement offer
• What plea to enter
• Whether to waive a jury trial in a criminal case
• Whether the client will testify in a criminal case

Question 6

Can a lawyer assist in criminal or fraudlent conduct?

Answer 6

• No.
• The lawyer may,advise client of the legal consequences of a proposed course of action. If the client insists on the conduct, lawyer must withdraw.
• In CA, can’t assist a client in conduct that violates a court rule or ruling (must advise if a CA conflicts with federal or tribal law)

Question 7

Can a lawyer limit scope of representaton?

Answer 7

Yes. Lawyer and client may agree that the lawyer will
handle only certain aspects of the matter) if (1) the limitation is reasonable under the circumstances, and (2) the client gives informed consent

Question 8

Representing an organization

Answer 8

• Lawyer represents and owes a duty to the organization, not to the people associated with the organization.
• The lawyer must explain when organization’s interests are adverse to those of the person at the organization with whom the lawyer is dealing