Lawyer Client Relationship

Question 1

Does a lawyer have to accept a client that has been appointed to them by the court?

Answer 1

Yes, unless good cause exists to decline the representation.

Question 2

When does good cause exist to decline representation of an appointed client?

Answer 2

1. If representation would likely violate an ethics rule (MRPC) or a law.
2. If the client or their cause is so repugnant to the lawyer that it would likely impair the clinet-lawyer relationship or the lawyer’s ability to represent the client
3. If the representation would likely result in an unreasonable financial burden to the lawyer.

Question 3

When is a lawyer client relationship formed?

Answer 3

When a client reasonably believes the relationship has been created. A client’s belief in the creation of a lawyer-client relationship is reasonable when:
1. the client communicates to the lawyer their intent to have the lawyer provide them with legal services.
2. the lawyer fails to show a lack of consent to forming a lawyer client relationship.

Question 4

When is a client’s belief in the creation of a lawyer-client relationship reasonable?

Answer 4

1. the client communicates to the lawyer their intent to have the lawyer provide them with legal services.
2. the lawyer fails to show a lack of consent to forming a lawyer client relationship.

Question 5

What are a lawyers duties to a client upon terminating a lawyer-client relationship?

Answer 5

1. Take reasonable steps to protect the client’s interests (give client adequate notice of upcoming deadlines, allow time for client to employ another lawyer, surrender client property and papers, refund unearned legal fees/expenses)
2. Maintain confidentiality (for forever)
3. Avoid conflicts of interest involving the client

Question 6

Does an attorney have to return a clients property after terminating their representation?

Answer 6

Yes. However, the attorney can retain a client’s files/papers for certain purposes if permitted by law–for instance as security for unpaid fees.

Question 7

Can an attorney be subject to discipline for failing to protect a client’s interests after they have been discharged, even if a client does not suffer harm?

Answer 7

Yes. Discipline does not requiring a finding of harm/damage. The attorney can be subject to civil malpractice liability for damages.

Question 8

When does an attorney’s authority to represent a client begin?

Answer 8

1. When the client expressly authorizes an attorney’s action
2. When the client impliedly authorizes an attorney’s action
3. When the client ratifies the attorney’s action after it has been taken.

Question 9

When does an attorney’s authority to represent a client end?

Answer 9

1. When the client discharges the attorney
2. If the client dies (or if organization, loses it’s capacity to function)
3. If the attorney withdraws
4. If the lawyer dies or becomes incapable of representation
5. If the lawyer is disbarred or suspended
6. If the tribunal orders the lawyer to stop representation
7. If representated ends by contract or completion of services.

Question 10

What are a lawyer’s obligations upon learning of a client’s death?

Answer 10

They have a duty to inform opposing counsel in the first communication after learning of the client death. It does not matter whether opposing counsel could have learned of this death through their own due diligence.

Question 11

What duty does a lawyer owe to prospective clients?

Answer 11

Confidentiality and sometimes a duty of care. There is no duty to accept a prospective client.

Question 12

What are a lawyers fiduciary duties to a client?

Answer 12

1. Safeguard client confidence and property
2. Obey client instructions
3. Do not misuse power
4. Avoid conflicts of interest
5. Be honest with client
6. Keep client adequately informed.

Question 13

What remedies are available when an attorney breaches a fiduciary duty to their client?

Answer 13

1. Disqualification
2. Restitution
3. Declaritory relief
4. Injunction (no need to prove harm)