Initiating/Terminating Client Relationships

Question 1

Firing Clients

Civil Litigation Tasks

Answer 1

– Evaluating claims
– Prelitigation
–– Making and responding to threats
–– Negotiation
– Pretrial process
– Trial/abitration

Question 2

MR 1.16 (b)

Answer 2

A lawyer may withdraw if:
– No material adverse effect on client
– Reasonable belief that client is a crook
– Fundamental disagreement or”repugnant” client
– Client substantially violates agreement with lawyer(with notice)
– Representation causes lawyer unreasonable financial burden or
– Other good cause for withdrawal exists

Question 3

MR 1.16 (c)

Answer 3

Tribunals
A lawyer must:
– Follow “applicable law” regarding notice to tribunal
– Do it tribunal says, even with good cause to withdraw

Question 4

MR 6.2

Answer 4

Appointed Work
Courts statutory or inherent authority to appoint lawyers
With or without compensation
MR 6.2 says don’t try to dodge this work unless:
– Representation = likely violation of MR
– Representation = unreasonable financial burden on lawyer or
– Representation = so repugnant to lawyer that attorney-client relationship sales

Question 5

MR 1.16 (d)

Answer 5

(When representation ends)
Protecting client interest:
– Notice
– Surrendering "papers and property"
– Refunding unearned fee

Question 6

MR 1.4(b)

Answer 6

(Casually rendered advice)
“A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”

Question 7

Togstad

Test

Answer 7

– did the client seek advice from the lawyer?
– Was it within the lawyers area of competence?
– Did the lawyer, either directly or implicitly, agree to give the requested advice?
(HERE, it is the clients AND NOT THE LAWYER’S reasonable belief that governs whether there was an agreement regarding advice.)

Question 8

Togstad

Avoiding Liability

Answer 8

MR 1.18
– Recognizes” prospective clients”
– Use info(confidentiality)
– Firm is conflicted out of materially related matters, unless:
– – consent of all parties or
– – Took reasonable steps to limit info discussed, screened from matter, and prospective client notified
– – Exception for unilateral disclosure without reasonable expectation (comment 2)