Misc. Duties of Lawyers Flashcards
What are the five provisions of Rule 1.15?
(1) Segregation of property. The lawyer cannot commingle their funds with the funds of the client.
(2) Payment of service charges permitted. The lawyer may deposit their own funds in order to pay the service charges on an IOLTA account.
(3) Prepayment of fees or expenses: The lawyer may withdraw legal fees or expenses from the IOLTA as they are earned.
(4) Notice, Disbursement, and Accounting: The lawyer must promptly notify the client or other person upon receivind funds or other property. The client or other third person is entitled to receive a full accounting regarding such property on request.
(5) Retention and Segregation of Funds Until Resolution of Dispute: The lawyer shall not distribute property in their possession that is in dispute until the dispute is resolved and then it shall be distributed to whoever it belongs to.
What is Declination?
Declination is when you turn down a case before you ever begin representing the client.
What is withdrawal?
Withdrawal means backing out of a case after the representation has already commenced.
What are the two types of withdrawal?
(1) Mandatory Withdrawal
(2) Permissive Withdrawal
What are the four grounds for mandatory withdrawal?
(1) The lawyer must attempt to withdraw if the representation will result in a violation of the rules of professional conduct or other law. Rule 1.16(a)(1).
(2) The lawyer must attempt to withdraw if the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client. Rule 1.16(a)(2).
(3) The lawyer must attempt to withdraw if the lawyer is discharged. Rule 1.16(a)(3).
(4) The lawyer must attempt to withdraw if the client seeks to use or persists in using the lawyer’s services to commit or further a crime or fraud. Rule 1.16(a)(4).
What are the seven grounds for permissive withdrawal?
(1) The lawyer may seek withdrawal if it can be accomplished without material adverse effect on the interests of the client. Rule 1.16(b)(1).
(2) The lawyer may seek withdrawal if the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent. Rule 1.16(b)(2).
(3) The lawyer may seek to withdraw if the client has used the lawyer’s services to perpetrate a crime or fraud. Rule 1.16(b)(3).
(4) The lawyer may seek permission to withdraw if the client insists upon action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement. Rule 1.16(b)(4).
(5) The lawyer may seek permission to withdraw if the client fails substantially fo fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled. Rule 1.16(b)(5).
(6) The lawyer may seek permission to withdraw if the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client. Rule 1.16(b)(6).
(7) The lawyer may seek permission to withdraw if other good cause for withdrawal exists.
Do withdrawing lawyers have to comply with applicable law when attempting to withdraw?
Yes.
Rule 1.16(c).
Do withdrawing lawyers have any duty to protect the interests of the client they are withdrawing from?
Yes, a lawyer who is withdrawing must take reasonable steps to protect the interests of the client they are attempting to withdraw from.
Rule 1.16(d).
Do withdrawing lawyers have to hold onto property after the withdrawing?
No, the withdrawing lawyer must give the client’s new lawyer “all property to which the client is entitleD” and must “refund any advance payment of fee or expenses that has not been earned or incurred.”
Rule 1.16(d).
What are the four requirements to sell a law practice?
(1) The seller must “cease to engage in the private practice of law, or in the area of practice that has been sold,” within a specified geographic area. Rule 1.17(a).
(2) The entire practice orthe entire area of practice must be sold to one or more lawyer sor law firms. Rule 1.17(b).
(3) The seller must give written notice to each of the seller’s clients regarding the proposed sale, the client’s right to retain other counsel or to take possession of the file, and the fact that the client’s consent to the transfer of the client’s fiels will be presumed if the client does not take any action or otherwise object within 90 days of receiving notice. Rule 1.17(c).
(4) The fees charged to clients shall not be increased because of the sale. Rule 1.17(d).
Do lawyers have any duty to counsel their clients outside of legal matters?
Yes. Lawyers shall counsel their clients with respect to non-legal matters by exercising independent professional judgment and shall render candid advice.
Rule 2.1.
May lawyers provide evaluations to someone other than the client?
A lawyer may not provide such an evaluation unless the lawyer “reasonably believes that making the evaluation is compatible with other aspects of the lawyer’s relationship with the client,” such as the duty of loyalty or the duty of confidentiality.
Rule 2.3.
May lawyers act as a third-party neutral?
A lawyer may act as a third-party neutral when the lawyer “assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them,” but the lawyer acting as a third-party neutral must take care to inform unrepresented parties that the lawyer is not representing them.
Rule 2.4.
