MRPC 1.2, 1.4, 1.13, 4.1: ATTORNEY/CLIENT COMMUNICATIONS Flashcards
Explain Rule 1.2: Scope of Representation
(a) Mandatory → A lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by 1.4, shall consult with the client as to the means by which they are pursued → (subject to parts (c) and (d) of this rule)
(b) Discretionary → A lawyer’s representation of a client does not constitute an endorsement of the client’s political, economic, social, or moral views or activities
(c) Discretionary → A lawyer may limit the scope of representation if reasonable under the circumstances and the client gives informed consent
(d) Mandatory → A lawyer shall not counsel a client to engage, or assist with, in conduct that the lawyer knows is criminal or fraudulent, BUT Discretionary → may discuss the legal consequences of the conduct in good faith.
How do rules 1.2(b) and 1.16(b)(4) relate to each other?
They are in agreement with each other
+ Scope of disagreement is a continuum
+ Unless it’s repugnant, keep up with the representation
True or false: A lawyer determines a client’s objectives as well as the means by which the objectives will be pursued
Half true, half false. Rule 1.2(a)
False: The CLIENT determines their own objectives
True: The lawyer determines the means
What is a nickname for Rule 1.2(b)
Principal of non-accountability: some firms take this to heart and others don’t believe it
A lawyer’s representation of a client does not constitute an endorsement of the client’s political, economic, social, or moral views or activities
True or false: When a client hires a lawyer for a specific objective, the lawyer then represents the client for all future needs
False.
1.2(c) A lawyer may limit the scope of representation if reasonable under the circumstances and the client gives informed consent
When clients aren’t sophisticated, they may believe when they hire a lawyer, it’s for ALL legal purposes. “It’s MY lawyer”
Not true in a world of legal specialization
Be specific in what you can/cannot do for clients → limit the scope
Can a lawyer assist a client in fraudulent conduct?
NO. Rule 1.2(d)
A lawyer shall not counsel a client to engage, or assist with, in conduct that the lawyer knows is criminal or fraudulent, but may discuss the legal consequences of the conduct in good faith.
Explain the law → OK
Assisting on following through → NOT OK
Withdraw mandatory under 1.16, even if you don’t have discretion to disclose under 1.6, BUT in Colorado you do have the discretion
True or false: When in doubt, communicate with the client
True Rule 1.4(a)(1) Communication with Clients → MANDATORY
+ Trend has been to expand scope of Rule 1.4
+ There’s very little excuses for not getting back to clients these days (smart phones and wifi everywhere).
What does it mean to keep a client reasonably informed under Rule 1.4(a)(3)?
Keep client reasonably informed about the status of the matter
Ex: My Cousin Vinny → six attempts to pass the Bar Exam. Not a violation to keep that info to yourself, the lawyer’s qualifications not related to the status of the matter
Ex: Client A is suing you. Should you tell Client B? It depends on status of the matter context.
Can a lawyer consult with a client regarding her limitation in assisting client with their objective, due to illegal repercussions?
Yes! Rule 1.4(a)(5)
Consult with client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules or other law.
You are always allowed to tell the client the law and the relevant circumstances BUT you cannot assist the client in the commission of a crime.
Can a lawyer skim over the means by which he’s trying to reach the client’s objectives?
Not really. Rule 1.4
Open-ended standard: A lawyer SHALL (mandatory) explain a matter to the extent reasonably necessary to permit a client to make informed decisions regarding representation
[5] Sufficient information to participate intelligently in the decisions re: objectives
Ex: DO explain the procedural aspects of a divorce proceeding.
Ex: DON’T describe the various theories of marriage law and how it’s progressed
over the last 50 years
True or false: Confidentiality attaches between co-clients
False
+ Confidentiality attaches between co-clients and the lawyer
+ Confidentiality does NOT attach between the co-clients
Invokes Rule 1.4(3)(a) keep client reasonably informed about the status of the matter
Ex: If a co-client reveals material information that relates to the case at-hand and the other co-client doesn’t know, Rule 1.4(3)(a) requires the lawyer to tell both parties. C1: “I know this about you and I am going to tell C2” C2: “I have to tell you some important information about your case.”
How does a lawyer know if he’s helping one client or co-clients in a given case.
Look at the facts.
+ How did the clients describe the relationship? Ex: “We worked on this issue together” or “He helped X with the matter”
+ With whom did the lawyer meet with and interact?
+ Who’s paying the bill?
+ How was the relationship initiated?
True or false: Not all accidental disclosures need to be revealed
True
Non-material mistakes or material mistakes that have been remedied do not need to be revealed.
Ex: Lawyer tells a senior partner a client’s middle name and that fact has no bearing on the case.
Ex: Lawyer accidentally sends client files to opposing counsel, but calls right away and the file is deleted by all accounts. Remedy is appropriate.
True or false: When in doubt of whether a disclosure is a material fact or if it’s been properly rectified, tell the client
True.
When communicating with clients who are entities (not a real live person), what are the “parts”, according to Rule 1.13?
Part 1: Whom does the lawyer represent?
Part 2: Reporting/Communication structure?
Part 3: Exceptions