Fundamentals of Atty-Client Relationship

Question 1

Duties to Prospective Clients

Answer 1

1. Communications are legally privileged & confidential
2. Laywer must protect and handle prospective client’s documents
3. May be liable for advice to prospective client (duty of reasonable care applies)

Question 2

Formation of Attorney-Client Relationship

Answer 2

Formed when:

1. Client behaved in a way where a reasonable lawyer would believe she’s being asked for legal services AND
2. Lawyer behaves in a way that the client believes she agreed to provide services;
   
   • or if lacking manifestation, knows the client reasonably relies on lawyer to provide services

Question 3

Duties assumed at formation of attorney-client relationship

Answer 3

1. Duty of competence
2. Duty of diligence & communciation
3. Duty of confidentiality
4. Duty of loyalty (conflicts of interest)

Question 4

Limiting scope of attorney-client relationship

Applicability and requirements

Answer 4

• Must be reasonable based on facts and circumstances
• Must obtain informed consent from client

Question 5

Decisions reserved solely to client

Answer 5

• Settlement and appeal decisions
• Pleas in criminal matters
• Waiving jury trial

Lawyers reserve the means to “control” litigation - implied permission to disclose information.

Question 6

Factors in determining reasonableness of attorney fees (9)

Answer 6

1. Time and labor required
2. Likelihood, if apparent to client, that accepting will preclude other work
3. The customary fee within the locality
4. Novelty and difficulty of the legal questinos
5. Time limitations imposed by client
6. The amount involved and the results obtained
7. Nature & length of relationship with client
8. Experience, reputation, and ability of lawyer
9. Whether fee is fixed or contingent

​Reasonableness judged at time representation begins; unreasonable fees may not be waived

Question 7

When contengent fees are prohibited?

Answer 7

1. Criminal cases: too must risk to client
2. Domestic Relations cases: public policy promoting marriage
3. Outcome not at risk (eg assistinance with filing insurance claim)

All contingent fees must be in writing and signed by client; state method of determining fee; whether expenses are taken “off the top” before percentage applied

Question 8

Mandatory Withdrawal from Representation

Answer 8

1. Continuing representation would result in violation of rules of professional conduct
2. Lawyer’s physcial or mental condition materally impairs ability to represent
3. If lawyer is discharged

Question 9

Permissive Withdrawal from Reprenstation

Answer 9

1. Permitted when can be accomplished without material adverse effect.
2. Where client persists in course of action lawyer believes is criminal or fraudulent, or where has used services to perpetuate a crime or fraud
3. Client insists in action the lawyer considers to be repugnent
4. Client fails to fulfil an obligation of representation
5. Representation results in unreasonable financial burden on lawyer
6. Other good cause