lawyer-client relationship Flashcards
reasonable fee factors
- time and labor required, novelty of question presented, skill requisite to perform service properly
- likelihood acceptance will preclude other employment
- customary fee in locale for kind of work
- amount involved and results obtained
- time limitations imposed by client or circumstances
- nature and length of professional relationship
7, lawyers experience, reputation, and ability - whether fee is fixed or contingent
when lawyer and client disagree
No specific remedy provide by rules however if lawyer has a fundamental disagreement with client the lawyer may withdraw or the client may fire the lawyer
contingent fee writing requirements
- how the fee is calculated including percentage lawyer will get if case is settled before trial, won after trial, or won after appeal.
- what litigation or other expenses are to be deducted from the recovery
- whether deductions will be made before or after contingent fee is calculated
- what expenses client must pay regardless of the outcome of the case
limits on the lawyers responsibility and authority
lawyer may limit the scope of the representation if it is reasonable under the circumstances and the client gives informed consent
informed consent defined
involves explanation of material risks and reasonable alternatives to a proposed course of conduct.
withholding information from a client
a lawyer may withhold information from a client where the client is likely to act imprudently to an immediate communication. Or if information is required to be withheld as a result of a court order.
must not withhold information to serve the lawyers or a 3rd parties interest or convenience
duties upon termination of representation
- must comply with local laws requiring permission or notice to tribunal before withdrawal.
- must take reasonable steps to protect clients interests
- provide reasonable notice of withdrawal
- provide client with time to obtain another attorney
- refund fees and expenses not earned or spent
- return all papers and property to which the client is entitled
attorney client privilege
matters communicated to an attorney by his client in confidence may not disclose those communications in testimony. Shields communications obtained for the purpose of obtaining legal representation.
elements of privileged communication
- communication must be intended to be confidential. Intentional communication in the presence of 3rd parties is not covered.
- except 3rd parties who are in the employ of the attorney
- does not extend to information obtained from a witness or 3rd party unless they are agents of the client
- client is the holder of the privilege
Communication covered by AC privilege
communication between attorney and client intended to be confidential
Communications between the client, his representatives, the attorney, and his representatives when communications are made for the purpose of obtaining legal advice.
communication must not be intended to be disclosed
communication not covered by AC privilege
- Information obtained from witnesses or 3rd parties
- information obtained by a lawyer for some purpose other than legal advice - business advisor, friend, or confidant
- pre-existing written documents
- statements made not related to legal advice or services
exceptions to AC privilege (4)
- Furtherance of a crime or fraud - plan or perpetrate a FUTURE crime or fraud not privileged.
- claimants through the same deceased client - testimony of a lawyer who drew up a will are not privileged where there is a contest over the will. Executor is holder of consent and waiver rights of the former client.
- documents attested to by a lawyer - client is presumed to have waived privilege when lawyer is asked to attest to document.
- joint clients
