Formation & Scope of Lawyer-Client Relationship Flashcards
Formation of lawyer-client relationship (fed rule + ca rule)
A L/C relationship is formed when a person seeks legal services from a lawyer and the lawyer either manifests consent or fails to manifest lack of consent and knows or should know the CL reasonably relies on the services.
High tested rule
Scope of the lawyer-client relationship
Generally, a client controls the objectives of the representation and makes substantive decisions (inc. whether to accept settlement offers, plead guilty, testify or waive jury trial in criminal matters).
The lawyer controls the means to accomplish those objectives. BUT must consult with the client as to means by which the objectives are pursued.
Hight tested rule
How may a lawyer limit the scope of representation?
A lawyer may limit the scope of representation if: 1- it’s reasonable under the circumstances AND 2- the client gives informed consent
High tested
In CA – what is the rule regarding a lawyer counselling a client to engage in fraudulent or criminal conduct?
In CA, a lawyer CANNOT counsel a client to engage in conduct that the lawyer knows is a- criminal b- fraudulent or c- a violation of any law, rule or ruling of a tribunal.
A lawyer HOWEVER may discuss the legal consequences of any proposed course of conduct and counsel a client in good faith effort to determine the validity, scope, meaning of a law.
Low Tested rule
