Lawyer-Client Relationship

Question 1

Is there a duty to accept client representation

Answer 1

No, in general there is no duty to accept representation. However, there is a duty to reject if it would violate ethical rules.

Question 2

What are instances when an attorney must decline representation of a client

Answer 2

If there is no probable cause to bring the action; the action is being Brough to harass or maliciously injure a person.

Question 3

Can an attorney present a claim that is not warranted under existing law?

Answer 3

No, but it can be supported by a good faith argument seeking to change the law.

Question 4

How does the attorney client relationship begin?

Answer 4

It begins with the client reasonably believing that the relationship exist. No formal writing is needed **reasonable belief is the key phrase

Question 5

Who has the authority to make the decision to accept the settlement?

Answer 5

the client is the only one who has the authority to make the decision to accept a settlement.

Question 6

Does the attorney or Client make decisions regarding Strategy?

Answer 6

The attorney – has authority to make decisions re strategy for achieving clients goals. The attorney should reasonably consult with the client and keep him/her reasonably informed about the case

Question 7

Can an attorney assist a client in criminal fraudulent conduct?

Answer 7

No, a lawyer must not counsel or assist the client in criminal or fraudulent conduct. if the client is engaging in such conduct, the attorney must stop assisting the client and withdraw from rep.

Question 8

Can a client terminate a lawyer?

Answer 8

Yes, a client has an absolute right to discharge a lawyer. The lawyer must withdraw unless ordered to continue by a court.

Question 9

Can an attorney terminate/stop representation of client

Answer 9

Yes, but an attorney must follow ethical rules when terminating representation of client.

Question 10

When must an attorney mandatorily withdraw from a case?

Answer 10

If failure to do so would result in violating ethical rule or other law. A lawyer must not counsel or assist the client in criminal or fraudulent conduct.

Question 11

Under Ca law, when must an attorney mandatorily withdraw from a case?

Answer 11

if he knows/should have known the client is asserting a claim/defense w/o PC and for the purpose of harassing or maliciously injuring a person.

Question 12

Under Modern Rules, when can an attorney permissively withdrawl with no harm to client?

Answer 12

An attorney may permissively withdraw if he can do so w/o materially harming the client.

Question 13

Under CA law, when may an attorney permissively withdraw from a case

Answer 13

1. client insist of presenting a claim or defense not warranted under existing law and which cannot be supported by GF argument
2. Client seeks to purse a criminal or fraudulent course of conduct or has used the lawyer’s services to advance of
3. Client insist that the lawyer pursue conduct that is criminal or fraudulent
4. Client, rendered it unreasonably difficult for the lawyer to carry out the rep effectively

5.

Question 14

Under the Modern Rules When may an attorney withdraw for case with harm to client?

Answer 14

1. client engages in criminal or fraudulent action
2. attorney learns that the client used his services to commit criminal or fraudulent action
3. The client insist on a course of action that the lawyer finds repugnant or which the attorney has fundamental disagreement with.
4. The client has made representation unreasonably difficult (client’s failure to communicate with the attorney)
5. The representation will result in an unreasonable financial burden on the a lawyer

Question 15

What’s the procedure for an attorney to withdrawal?

Answer 15

an attorney must give the client reasonable notice before withdrawing, to give the client a reasonable opportunity to find new opportunities.. A lawyer who wants to withdraw when litigation is pending must obtain court approval.

Question 16

What are the attorneys duties upon termination of client?

Answer 16

The attorney has a duty to minimize the harm to the client.

• return all papers and property client
• and return of advanced fees not earned.

Question 17

Under the Modern Rules, how must a lawyer charge clients?

Answer 17

Reasonable FEES
A lawyer must charge fees that are reasonable under the circumstances. Lawyers fees are regulated for reasonableness based on the amount and nature of the fee

• *amount
• *time required to work on case
• *difficulty of the case
• • lawyer experience

Question 18

Under Ca Rules, how must a lawyer charge clients?

Answer 18

Unconscionable

Under CA law, fees must not be unconscionable.

Question 19

Under CA rules, how must an agreement be presented to a client?

Answer 19

1. it must be in writing
2. state the fees and services to be provided
3. signed by both parties if the fees will exceed $1,0000
4. signed copy must be given to the client or his reps.

Question 20

When is a writing agreement not required?

Answer 20

if the client is a corp

Question 21

When is a contingent Fee not allowed?

Answer 21

In criminal cases or domestic cases when the fee is contingent on obtaining divorce iron the amount of support recovered.

Question 22

What does a contingency fee require?

Answer 22

1. Writing- signed by Client
2. Terms of calculating fees
3. Expenses that clients are reliable for

Question 23

What occurs when the contingency fee fails to comply?

Answer 23

The agreement is voidable by the client but the client is entitled to a reasonable fee

Question 24

Can attorneys split fees?

Answer 24

Yes, lawyers can split fees.

Question 25

Under Modern RulesCan lawyers from different firms split Fees?

Answer 25

Yes, fee splitting is allowed if:
- the fee is in. proportion to the services provided by each lawyer,

• client agrees in writing to the fee-splitting and
• total charged fee is reasonable.

Question 26

Under CA Rules is fee splitting allowed?

Answer 26

Yes
- if the lawyer enters in a written agreement to divide the fee

• the client has provided written consent after full disclosure of the fee splitting. and
• the total fee charged is not unconscionable

Question 27

Are Referral Fees allowed under the Model Rules

Answer 27

No, it is generally prohibited unless paying the fees of a leal services plan or approved lawyer-referral service

Question 28

Are referral fees allowed under CA rules

Answer 28

Yes, a layer may give a gift or gratuity for a referral, provided that the gift or gratuity was not offered in anticipation the referral or future referrals

Question 29

In CA, how are funds received or held for the benefit of clients by lawyer to be deposited

Answer 29

in accounts labeled: Trust account
Client Fund Account
Similar

Question 30

MR 1.15

Answer 30

Lawyers must keep client property and funds separate from their own and are subject to discipline for commingling funds.

Question 31

CA RPC rule 1.15(c)(1)

Answer 31

No funds being to a lawyer of law firm may be deposited in a client trust account or otherwise commingled with client funds, except for funds reasonably sufficient to pay bang charges

Question 32

What must a layer do if there are disputed funds?

Answer 32

distribute the undisputed funds to the client and keep the disputed funds in the client’s trust account.