Formation and Scope of Lawyer-Client Relationship Flashcards
A lawyer-client relationship is formed when:
(1) a person seeks legal services from a lawyer; AND
(2) the lawyer either:
(a) manifests consent to provide services, OR
(b) fails to manifest lack of consent to do so and knows or should know that the person would reasonably rely on the lawyer to provide legal services.
Proper Scope of Lawyer-Client Relationship–Control of Decisions
Generally, a client controls the objectives of the representation, and makes substantive decisions (including whether to accept settlement offers or plead guilty, testify, or waive a jury trial in criminal matters).
The lawyer controls the means (tactical decisions) to accomplish those objectives, BUT must consult with the client as to means by which the objectives are pursued.
Proper Scope of Lawyer-Client Relationship–Limiting the Scope of Representation
A lawyer may limit the scope of the representation if:
(1) it’s reasonable under the circumstances; AND
(2) the client gives informed consent.
Advising or Assisting the Violation of Law
A lawyer CANNOT counsel a client to engage (or assist a client) in conduct that the lawyer knows is:
(a) criminal;
(b) fraudulent; OR
(c) a violation of any law, rule, or ruling of a tribunal [CA only].
Notwithstanding the above, a lawyer may:
(1) discuss the legal consequences of any proposed course of conduct with a client; and
(2) counsel/assist a client to make a good faith effort to determine the validity, scope, meaning, application of a law, [or application of a rule or ruling of a tribunal – CA only].
Advising or Assisting the Violation of Law–situation where CA law and Federal law conflicts.
In CA (not Model Rules), a lawyer is permitted to advise and assist a client with complying with California laws even if such laws conflict with Federal or tribal law.
