lawyer-client relationship Flashcards
how does a lawyer-client relationship form?
(1) express or implied agreement of the parties
or
(2) a court’s appointment of a lawyer to represent a client
termination of representation [or rejection of representation]
(1) mandatory withdrawal
(2) permissive withdrawal
MANDATORY WITHDRAWAL / REJECTION
(1) representation will result in a violation of rules of professional conduct or other law
(2) lawyer’s physical or mental condition substantially impairs the lawyer’s ability to represent the client
(3) lawyer is discharged by the client
PERMISSIVE WITHDRAWAL / REJECTION – Can be done when it can be done so without material adverse effect on client’s interests OR where there is good cause to do so.
Good cause:
(1) client persists in course of conduct involving your services which you reasonably believe is illegal or unjust
(2) client has already used the layers services to perpetrate crime or fraud
(3) client fails substantially to fulfill an obligation to the lawyer and has been given reasonable warning that the lawyer will withdraw if the obligation is not fulfilled
(4) client has made the representation unreasonably difficult
(5) client takes action that is repugnant or imprudent in the eyes of the lawyer
(6) representation places unreasonable financial burden on the lawyer
when must lawyer abide by client’s final decision?
(1) whether to accept a settlement offer
(2) what plea to enter
(3) whether to waive a jury trial in a criminal case
(4) whether the client will testify in a criminal case
