Lawyer-Client Relationship

Question 1

Elements of L/C Relationship

Answer 1

1. Formation of Relationship
2. Scope of Representation
3. Termination
4. Fees
5. Client Fund Accounts

Question 2

Formation of Relationship

Answer 2

MR: Begins when the client reasonably believes the relationship exists. No formal writing required.

No duty to accept representation, but duty to reject if it would violate ethical rule

Must not present claim or defense not warranted under existing law unless it can be supported by good faith argument seeking change in the law

CA: Lawyer not permitted to represent client if he knows/should know there is no probable cause and the action is meant to harrass or maliciously injure

Question 3

Scope of Relationship (Settlement, Strategy, Assist)

Answer 3

Settlement: An attorney must communicate all bona fide offers of settlement to client
Only the client has the authority to make the decision to accept the settlement

Strategy: Attorney has the authority to make decisions about strategy for achieving client’s goals; should consult and inform client (reasonably)

Assisting Client in Criminal/Fraudulent Conduct: Lawyer must not counsel or assist client in criminal or fraudulent conduct
If client is engaged in conduct, must stop assisting and withdraw

Question 4

Termination of Representation

Answer 4

A client has an absolute right to discharge a lawyer for reason or no reason, and lawyer must withdraw if discharged unless ordered otherwise by the court

Two types of withdrawal: mandatory and permissive

Question 5

Termination of Reprensentation - Mandatory Withdrawal

Answer 5

MR: MUST withdraw if…

1. Failure to do so would result in ethics violation; or
2. Client is involved in criminal or fraudulent conduct

CA: MUST withdraw if…

Knows or should know client is asserting claim/defense without probable cause and for the purpose of harassing or maliciously injuring a person

Question 6

Termination of Representation - Permissive Withdrawal

Answer 6

MR: Lawyer may seek to withdraw at any time without materially harming the client

• The client engages in criminal or fraudulent action;
• Attorney learns that the client used his services to commit criminal or fraudulent
  action;
• The client insists on a course of action that the lawyer finds repugnant or which the
  attorney has fundamental disagreement with;
• The client has made representation unreasonably difficult;
• The representation will result in an unreasonable financial burden on the lawyer

CA: Lawyer not permitted to withdraw merely because it may be done without material harm to the client. Withdrawal permitted when:

• The client insists on presenting a claim or defense not warranted under existing law and cannot be supported by a good-faith argument;
• The client either seeks or insists lawyer pursue pursue a criminal or fraudulent conduct, or has used the lawyer’s services for conduct lawyer reasonably believes a crime or fraud;
• The client renders it unreasonably difficult for the lawyer to carry out the representation effectively;
• A continuation of representation is likely to result in a violation of the CA rules or State Bar Act.

Question 7

Procedure for Withdrawal

Answer 7

Must Give client reasonable notice to give client reasonable opportunity to find new representation

If litigation is pending, must obtain court approval (may be ordered to continue representation if it would materially harm client’s case

Question 8

Duties Upon Termination

Answer 8

Overall: duty to minimize harm to the client

1. Must return all papers and property
   MR: may retain some papers in order to obtain payment, sometimes
   CA: Return ALL papers and property
2. Must return all unearned advanced fees