Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

MPRE Study > II. The Lawyer-Client Relationship - general points > Flashcards

II. The Lawyer-Client Relationship - general points Flashcards

1
Q

what defines the relationship b/t lawyer and client

A

a contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what roles does a lawyer play in his relationship to the client?

A

agent and fiduciary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

does a lawyer have to take every case that is presented to him?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what are the 3 instances when a lawyer-client relattionships arises?

A
  1. a person manifests an intent that the lawyer provide legal services and the lawyer agrees
  2. a person manifests an intent to have the L represent him, the L fails to make clear that he does not want to undertake the representation, and the lawyer knows or should know that the prospective client is reasonably relying on the lawyer to provide the services OR
  3. a tribunal appoints an L to represent a client
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

whether a client has reasonably relied on a lawyer to provide services is a question of (law or fact?)

A

fact

Examples:

  1. unreasonable for client to expect a L’s representation by mailing a letter and getting no response
  2. Secretary asking for all papers and failing to tell C that L would decide whether or not to represent only after reviewing papers would be reasonable reliance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are the 3 instances where a L would have good cause to avoid a case for an indigent client or a client w/ an unpopular cause?

A
  1. violation of law or disciplinary rule (ex. L represented Q as PD then later in private practice, court assigned him to represent D, who killed Q. –> not OK b/c of confidential info L learned while representing Q)
  2. unreasonable financial burden would be imposed on L
  3. personal inability to represent client effectively (L finds the cause so repugnant that it would effect L/C relationship)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

when must a lawyer reject certain cases?

A
  1. client’s motive is harassment (misconduct to represent when purpose is to embarrass, delay, or burden a 3P)
  2. unsupportable factual or legal position (can’t be frivolous, is not frivolous when L can make good faith arg; criminal defense may defend to the extend it’s constitutional even if it violates this rule)
  3. lawyer not competent (too busy or no experience)
  4. strong personal feelings
  5. impaired mental or physical condition
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

when C consults L but not C/L relationship arises, what duties does the L have to C? (i.e. duties owed to a prospective C)

A
  1. protect prospective C’s confidential info
  2. protect prospective C’s property that has been given to L
  3. use reasonable care when giving prospective C legal advice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

do lawyer’s have an ethical obligation to accept unpopular cases?

A

yes and can fulfill by accepting a fair share of unpopular matters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

who gets the benefit of the doubt if attorney’s fees are in dispute?

A

the client

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what is the rule regarding attorney’s fees when the lawyer has not regularly represented the client?

A

the fees must be:

  1. communicated to the client (preferably in writing)
  2. before or within a reasonable time after commencing the representation

Model rule 1.5(b)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

when will a court not enforce a contract for attorney’s fees?

A
  1. when the fees are unreasonably high OR

2. there is an unreasonably high amount for expenses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what are the factors that are evaluated when establishing whether attorney’s fees are reasonable?

A
  1. time and labor required
  2. novelty and difficulty involved
  3. skill needed to perform properly
  4. the likelihood, if apparent to the C, that the work for this client will preclude the L from doing fee-paying work for others
  5. fee customarily charged
  6. amount at stake and the results obtained
  7. time limitations
  8. nature and length of the relationship
  9. experience, reputation, and ability of L
  10. whether the fee is fixed or contingent (contingent usually high b/c L has to gamble)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

can a L charge a client for ordinary overhead expenses like rent?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

can the lawyer charge the client for the actual cost to the attorney for special services like photocopying, long distance phone calls, computer research, special deliveries etc

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

can a L double bill for their time

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

can a lawyer request to be paid in advance?

A

yes, but L must refund the client if L is fired or withdraws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

how is a true retainer fee different from a pay in advance?

A

true retainer = money paid only to ensure availability of L; is generally not refunded

pay in advance = is refunded if L withdraws or is fired

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

can L accept property for payment?

A

yes so long as the property does not involve a proprietary interest in the cause of action or subject of litigation (watch for COI; cannot be a business transaction b/t L and C)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

can a lawyer make a fee agreement that could curtail services in the middle of the relationship and put the client at a bargaining disadvantage?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what is a contingent fee agreement?

A

an agreement where the lawyer collects a fee only if the matter is resolved in the client’s favor (is usually a % of C’s recovery)

22
Q

when are contingent fees prohibited?

A
  1. criminal cases

2. domestic relations cases (OK to use in a suit to recover money that is past due under an alimony or support decree)

23
Q

to be permissible, what must the amount of a contingent fee be?

A
  1. in a reasonable amount (ex. L only puts in 2 hours of work to get a large recovery and charges a really high retainer b/c L knew the work would be short)
24
Q

to be valid, the actual fee agreement involving a contingent fee must be

A
  1. in writing
  2. signed by C
  3. Include:
    - how fee calculated
    - what litigation and other expenses are going to be deducted from the recovery
    - whether the deductions will be made before or after the contingent fee is calculated AND
    - what expenses the client must pay (regardless of whether or not case won)
25
Q

in general, can lawyers split fees?

A

no

26
Q

lawyer’s generally cannot split fees unless…(3 requirements)

A
  1. the total fee is reasonable
  2. the split is proportional to services rendered AND
  3. C agrees in a writing that disclosed the share each L will receive
27
Q

what must a lawyer not do when seeking compensation from a client?

A
  1. use illegal collection methods
  2. improperly use confidential information
  3. harras a client
28
Q

what are the remedies a lawyer can use if they don’t get paid

A
  1. lien (both property and monetary recovery)
  2. retention of funds in trust account (if L has deposit from C from which he has to take his fee, then L must retain the disputed amount in the C trust account until issue is resolved)
  3. arbirtration or mediation
29
Q

what are the 3 exceptions to the general rule that lawyer’s cannot split fees?

A
  1. lawyers w/in a firm
  2. separation and retirement agreements
  3. certain splits w/ lawyers outside firm (must meet 3 requirements)
30
Q

can a lawyer pay another lawyer for a referral?

A

no

31
Q

can a lawyer set up a reciprocal referral arrangement with another lawyer or non lawyer in which each person agrees to refer clients to the other?

A

yes so long as the agreement is not exclusive and the lawyer’s client is informed of the existence and nature of the agreement

32
Q

does the client or lawyer make the key decisions that affect the client’s substantial legal rights?

A

the client

33
Q

what 5 things are ONLY for a client to decide?

A
  1. whether to accept a settlement offer
  2. which plea to enter
  3. whether to waive a jury trial in criminal case
  4. whether the client will testify
  5. whether there will be an appeal

*note: L can still advise C on the legal consequences surrounding C’s choice

34
Q

if a lawyer and a client can’t resolve a general disagreement, what are the options?

A

the lawyer can withdraw or the client can fire the lawyer

35
Q

if a C insists, despite L’s advice to the contrary, that the L violate the law or ethical rules, what MUST the lawyer do?

A

withdraw

36
Q

if an L discovers a C’s continuing wrongdoing, what must a lawyer do

A

not engage in the wrongdoing and MUST withdraw

*note: L may have to have a noisy withdraw, which involves telling others about the withdrawal to put the C’s victim on guard

37
Q

if a C has a guardian or other representative, how should L treat C?

A

like a C and with attention and respect

38
Q

if a client has diminished capacity and faces a risk of substantial physical, financial or other harm, what must the lawyer do?

A

take reasonable actions to protect the client (like finding a guardian)

39
Q

in the case of diminished capacity of C, does L have the authority to reveal confidential information?

A

yes but only to the extent necessary to protect the client

40
Q

when may a lawyer take legal action on behalf of a person with seriously diminished capacity?

A

when that person faces imminent and irreparable harm to health, safety, or financial interest and the person has consulted the lawyer. The act unless L reasonably believes the person has no other representative available

-action is then limited to that which is reasonably necessary to preserve the status quo

41
Q

what must a lawyer do if there is a decision or circumstances that requires the C’s informed consent?

A

-L must promptly inform the client of the decision/circumstance

informed consent = the C agrees to a proposed course of action after L has sufficiently explained the material risks and reasonable alternatives

ex. representing 2 clients w/ concurrent COI; plea has been offered by adversary

42
Q

regarding status of a matter, a L should do what?

A

keep the client reasonably informed about the status or the matter and about the means by which the lawyer plans to accomplish the client’s objectives

43
Q

when a client requests info, how should L respond?

A

respond promptly or have a member of staff acknowledge the request and provide a time when info will be delivered

44
Q

when can a L delay the communication of information to a C?

A

only when the client would be likely to react imprudently to an immediate communication

45
Q

generally, when does the C/L relationship ends?

A

on the completion of the work for which the L was hired

46
Q

when may the C/L relationship end before the completion of the work?

A
  1. C fires L (for any reason; still held liable for breach of contract)
  2. L must withdraw
  3. L may withdraw
47
Q

if there is a contingent fee agreement and C fires L before recovery, when can L collect the reasonable value of his services already performed?

A

when the contingency comes to pass

48
Q

will a court grant permission for a substitute attorney when C has fired L?

A

yes so long as there is no undue delay or disruption

49
Q

if an L withdraws, may a court deny the permission for L to withdraw?

A

yes

50
Q

when is L’s withdrawal mandatory?

A
  1. when L is disabled

2. if continuing would require L to violate the L or disciplinary rule

51
Q

for what reason MAY L withdraw?

A

for any reason if it can be done w/out material adverse effect on the client’s interest or if the client consents

if material adverse effect, can still withdraw if:

  1. client insist on illegal conduct
  2. client is using L to commit crime or fraud
  3. client’s objective is against’s L’s beliefs
  4. client breaks promise to L
  5. financial hardship for L
  6. client will not cooperate
  7. other good cause
52
Q

when L withdraws, what must L do to protect the client’s interests?

A
  1. give C reasonable notice of the withdrawal
  2. provide C w/ time to get another L
  3. refund attorney’s fees paid in advance and not year earned and expense advances not yet spent
  4. returning all of C’s papers and property

MPRE Study (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions