Kaplan Mod 2 Flashcards
What are the things that a client decides in the attorney client relationship
The objectives of the representation
What does the client decide in the case, and what does the attorney decide?
The client tells the attorney what the end game is and what the result is that he’s looking for, and the attorney uses his expertise to fill-in how to get there
What are the decisions that a client must make in an attorney client relationship, and the attorney must abide by the client’s decisions regarding those matters?
Whether or not to settle, expenses that are to be incurred,
In criminal cases, what are the three main areas that an attorney must abide by the client’s decision for?
- Whether or not to plead guilty/enter a plea
- Whether to have a jury trial or waive the right to a jury trial
- Whether or not the client will testify
An attorney cannot counsel a client to do what?
Engage in conduct that the lawyer knows is criminal or fraudulent
Why is communication so important in an attorney client relationship?
Because the client needs to be able to effectively participate in the case
What are the major duties regarding communication with a client?
There must be regular communication and prompt responses based on what is reasonable
If a client is a child or has diminished capacity, or may act imprudently, does that alter the rules of communication?
It can alter the rules of communication, but it would never relax them. Reasonableness based on the circumstances is what is required
What is the most important thing to remember about fees?
They must be reasonable
What are factors to consider when determining the reasonableness of a fee?
How much time or labour is required, whether the lawyer would be precluded from future employment, the attorney’s experience and reputation, the length of the required relationship, whether there is a fixed or contingent fee
What is a contingent fee?
The client only has to pay a fee if the attorney is able to get a favourable outcome
What are the rules for contingent fees?
The amount must be reasonable, and the agreement must be in writing and signed by the client. The writing must include: the method by which the fee will be determined, the percentage accrues to the attorney in the event of settlement/trial/appeal, the expenses and costs to be deducted from the recovery and whether these are deducted before or after calculating the fee, the expenses the client will be liable for whether or not he is the prevailing party
Why do contingency fee rates usually go up for things like trial and appeal and are lower for settlement?
The lesser percentage is gotten at the earlier stages because less work was done. More work is needed for trial, and even more for an appeal, so the rates will be higher
What must the attorney provide to the client on conclusion of a contingent fee matter?
The client must be given another writing which notes the outcome of the case, the remittance if any, and the method used to determine it
What are the different ways that fees can be split between attorneys in different firms?
Either they assumed joint representation, and therefore the fee is divided 50-50, or it is divided in proportion to the services they actually performed
