Lawyer-Client Relationship Flashcards
What is the basic rule on competence?
Rule 1.1(a)
A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal service with competence.
How does the RPC define competence?
Rule 1.1(b)
Competence in any legal service means to apply the (1) learning and skill, and (2) mental, emotional, and physical ability reasonably necessary for the performance of such service.
What are an attorney’s options if they aren’t competent?
Rule 1.1(c)
A lawyer who lacks competence may nonetheless undertake the representation by:
- Acquiring sufficient competency before performance is due
- Associating, or where appropriate consulting another lawyer the attorney reasonably believes to be competent
- Referring the matter to another lawyer the attorney reasonably believes to be competent
What is the exception to the competence rule?
Rule 1.1(d)
In an emergency a lawyer may give advice or assistance in a matter where the lawyer lacks competence if referral or association is impractical. Assistance must be limited to that reasonably necessary.
What are the comments on competence rule 1.1?
The duty of compliance requires an attorney to remain abreast of changes in the law and practice including the benefits of technology
Rule 1.1 applies only to the attorney in question
What is the general rule on scope of representation?
Rule 1.2
A lawyer shall abide by a client’s decisions concerning the objectives of representation and, shall reasonably consult the client about the means by which they are pursued.
When must an attorney abide by a client decision?
Rule 1.2
- Whether to settle
- Criminal how to plead
- Waiver of jury trial
May a lawyer limit representation?
Rule 1.2
A lawyer may limit the scope of representation if the limitation is reasonable under the circumstances, is not otherwise prohibited by law and the client gives informed consent.
What’s the rule on counseling crime?
Rule 1.2.1
A lawyer shall not counsel or assist a client in conduct that the lawyer knows is criminal, fraudulent, or a violation of any law, rule or ruling of a tribunal.
A lawyer may counsel a client on the legal consequences of a purposed course of action
A lawyer may counsel a client in a good faith effort to determine the validity, applicability or meaning of a law, rule or ruling
What is the general rule on diligence?
Rule 1.3(a)
A lawyer shall not intentionally, recklessly or with gross negligence fail to act with reasonable diligence in representing a client.
What is reasonable diligence?
Rule 1.3(b)
Reasonable diligence means that a lawyer acts with commitment and dedication to the interest of the client and does not neglect or disregard, or unduly delay a legal matter entrusted to the lawyer.
What are a lawyer’s communication duties?
Rule 1.4
A lawyer shall:
1. Promptly inform a client of a decision or where informed consent is required
2. Reasonably consult the client about the mean to accomplish client objectives
3. Keep client reasonably informed about significant developments including complying with reasonable requests for information
4. Advise client about relevant limitations on lawyers conduct
5. Explain the matter to the extent reasonably necessary to permit the client to make informed decisions
What is the rule on professional liability insurance?
Rule 1.4.2 A lawyer who knows or should know at the time of engagement that they do not have professional liability insurance shall inform the client in writing at the time of engagement unless:
1. Matter will not exceed 4 hours
2. Government or in-house counsel
3. Emergency
4. Previously communicated to the client
What is the general rule on fees?
Rule 1.5, a lawyer shall not make an agreement for, charge, or collect an unconscionable or illegal fee.
What factors affect whether a fee is unconscionable?
- Fruad
- Nondisclosure of material facts
- Fee in proportion to value
- sophistication of the parties
- novelty
- precultion of other work, if apparent to the client
- amounts involved & results
- time limits imposed on the attorney
- nature and length of relationship
- experience, reputation, and ability of the attorney
- fixed or contingent fee
- time and labor required
- presence of informed consent