Entering into the Lawyer-Client Relationship

Question 1

Methods of Forming Relationship

Answer 1

Maybe formed by contract or payment of retainer, but may be implied based on the lawyer’s conduct and the client’s expectations

Must consider the reasonable beliefs of the prospective client

Question 2

Accepting Appointments

Answer 2

A lawyer must not seek to avoid appointment by a court except for good cause (violation of rules or unreasonable financial burden)

Question 3

Client with Diminished Capacity

Answer 3

A lawyer must, as far as reasonably possible, maintain a normal lawyer– client relationship

Question 4

Duty to Avoid Fee Misunderstandings

Answer 4

Before or within a reasonable time after commencing representation, a lawyer must communicate to the client the scope of the representation, the basis of the fee rate, and expenses for which the client will be responsible

Question 5

Excessive Fees

Answer 5

A lawyer must not make an agreement for, charge, or collect an illegal or clearly excessive fee

The reasonableness of a fee considers the time, labor, and skills required to perform the work, the customary fee within the locality for similar work, the amount involved and results obtained, and the experience, ability, and reputation of the attorney

Question 6

Contingent Fees: Disclosure Requirements

Answer 6

1) The percentage or percentages that accrue to the lawyer in the event of settlement, trial, or appeal
2) Any expenses to be deducted from recovery
3) Whether such expenses are to be deducted before or after the contingency fee is calculated

Question 7

When Contingent Fee is Prohibited

Answer 7

1) domestic relations matters on which payment or amount of the fee is contingent upon the securing of divorce or upon the amount of alimony, support or property settlement collected
(Does not apply to the recovery of postjudgment balances under support, alimony, or other financial orders
2) criminal cases

Question 8

2 Situations Where Referral Fees are Permissible

Answer 8

1) the division is proportional to the services performed by each attorney attorney or each attorney assumes joint responsibility for the representation and agrees to be available for consultation with the client, AND
2) the client agrees in writing to the arrangement, including the share allotted to each lawyer