Lawyer Client Relationship Flashcards
The relationship between a lawyer and a client is ____________.
Contractual
True or False: The lawyer acts as both the client’s _____ and ____.
Fiduciary and Agent.
True or False: Lawyer can generally refuse to represent someone.
True
Does a lawyer-client relationship arise when: a person manifests an intent that the lawyer represent them and lawyer agrees?
Yes
Does a lawyer-client relationship arise when: the lawyer fails to make it clear that they wont represent the client and the client reasonably relies on the attorney?
Yes
Does a lawyer-client relationship arise when: a court appoints a lawyer to represent the client?
Yes
True or False: The lawyer’s assent is implied when he fails to clearly decline representation and the
prospective client reasonably relies on the representation
True
Client Carla writes a letter to attorney Aida, asking Aida to represent her in a personal injury case. Aida never responds to the letter. One year later, the statute of limitations expires on Carla’s claim, and she sues Aida for malpractice for failing to file the
suit.
Is there an attorney-client relationship?
No - Although Aida did not expressly
decline the representation, it was unreasonable for Carla to rely on Aida’s representation based on an unanswered letter.
Client Casey calls lawyer Lisa’s office asking that Lisa represent him in a court
proceeding relating to his arrest for driving under the influence (“DUI”). Lisa is out of
the office. Casey tells Lisa’s secretary that he understands that Lisa handles many DUI
cases and hopes that she will take the case even though the court date is only 10 days
away. The secretary tells Casey to send over all papers relevant to the proceeding. She
does not tell him that Lisa will decide whether to take the case only after reviewing the
papers. One day before Casey’s court date, Lisa phones Casey and declines to represent
him.
Is reliance reasonable?
Yes - it would likely be found that an attorney-client relationship existed because
Casey’s reliance was reasonable. Lisa regularly handled DUI cases, her agent responded to his request for help by asking him to send the papers, and the imminence of the hearing made it appropriate for Lisa to decline while there was still time for Casey to
get another lawyer.
If representation will violate the RPC the lawyer ___ refuse employment.
Must
Is a lawyer subject to discipline if: the client’s motive is to harrass, delay, or burden a third party.
Yes
Is a lawyer subject to discipline if: they take position that is factually or legally frivolous?
Yes
Is a claim frivolous if the lawyer does not have all the facts at hand at the outset, but expects to develop them during discovery?
No
If a claim frivolous if if the lawyer can make a good faith argument that the facts are as claimed or
that the present law should be changed?
No
A lawyer ____ reject a case if he is too busy or inexperienced to handle a matter competently.
Must
