Model Rules Flashcards
Competence Rule
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
What is the allocations of authority between the attorney and the client?
Client decides the objectives, whether to settle, whether to plead guilty, whether to demand jury, whether to testify.
Lawyer consults w/ client as to means.
May a lawyer limit the scope of representation?
Yes, reasonably and w/ client’s consent.
What are a lawyer’s diligence requirements?
A lawyer must act with reasonable diligence and promptness in representing a client.
What are the rules about updating clients on happenings?
Lawyer must inform them of stuff going on.
Lawyer must respond to reasonable inquiries from clients.
Lawyer has to explain stuff to clients so they can make informed decisions.
What are the rules on lawyers’ fees?
(1) Can’t be unreasonable
(2) scope of rep/fee structure must be communicated to client before or right after starting representation
(3) Can do contingency fees, but must be signed in writing
(4) can’t do contingency fees for: domestic disputes or criminal cases
(5) referral fees must be to another lawyer, reasonable, and client must agree
What is the scope of confidentiality?
Anything information “relating to the representation”
When may a lawyer reveal confidential information? (7)
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud in furtherance of which the client has used or is using the lawyer’s services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client;
(6) to comply with other law/court order
(7) to detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.
