Lawyer Client Relationship

Question 1

How can A-C relationship be formed

Answer 1

1) express agreement
2) implied based on intent and conduct of parties
3) court appoints

Question 2

When MUST a lawyer reject/withdraw from a case

Answer 2

1. representation will result in violation of PR rules or other law (e.g., actively using you to commit crime/fraud)
2. lawyer’s physical or mental condition substantially impairs lawyers ability to represent the client
3. lawyer is fired by the client

CA: also when client brings an action w/o probable cause for purposes of harassing or maliciously injuring any person

Question 3

When MAY a lawyer withdraw from a case

Answer 3

1. it can be accomplished w/o material adverse effect on the client’s interest OR
2. when there is good cause to do so (e.g., client wants to commit fraud, not paying bills, fundamental disagreement, unreasonable financial burden)

CA: does not include (1) but includes allowing withdrawal if client knowingly and freely assents to termination of the representation

**NOTE must continue representation if there is a court order

Question 4

What must lawyer do on termination of representation to protect client’s interests

Answer 4

give reasonable notice, allow time for employment of other counsel, hand over file/papers/property back to client, refund any unearned advance payments

Question 5

When does a client have final say on a decision

Answer 5

1. settlement acceptance/rejection
2. what plea to enter
3. waive jury trial in criminal case
4. whether they testify in criminal case

Question 6

Assisting client in criminal or fraudulent conduct

Answer 6

can’t do it, but can advise client of legal consequences of proposed course of actions

CA: also prohibits lawyer from assisting a client in conduct that violates a court rule or ruling; must also inform client of related federal or tribal law if state law conflicts

Question 7

limiting scope of representation

Answer 7

may do so if limitation is reasonable and client gives informed consent

Question 8

organizational clients

Answer 8

1. duty owed to org, not individuals
2. must explain whenever org’s interests are adverse to those of the person at the org w/ whom the lawyer is dealing
3. protect org’s interests: must report up, may report out if necessary
   CA: cannot outside report, but may withdraw if reporting up doesn’t do anything

Question 9

clients with diminished capacity

Answer 9

permitted to take protective action if reasonably believe client cannot protect themselves from substantial harm; implied auth to reveal confidential info to extent necessary to protect client