PA Professional Responsibility Flashcards
Attorney-Client formation
When client reasonably believes relationship exists
Requirements for attorney fees
Fees must be in writing
Attorney-Client relationship type
It is a fiduciary relationship.
All funds must be held in IOLTA account until earned
Attorney-Client termination
Mandatory withdrawal - client discharge, condition impairs ability to represent
Permissive withdrawal - no harm to client or client persists in illegal activity, or client used attorney to commit crime, client is repugnant, client fails to meet obligations
Need court permission if appearance in case
After termination–must take reasonable steps to prevent future harm; prompt return of documents/property
Scope of attorney-client relationship
negotiated between client and attorney
objectives and goals must be determined by client
Vicarious liability
attorney is responsible for staff and junior attornies
Duty to decline
Must decline matters without necessary knowledge and skill unless can become competent without reasonable delay
Duty of confidentiality
All information is kept confidential (even if it is publically known)
Continues after death or termination
Diligence
dedication to client’s interest
Attorney-client privilege
only covers communication between attorney and client
does not cover physical evidence
Business entity: client is high-level management or anyone whose duty it is to speak with attorney
Third party interference
occurs when 3rd party pays attorney fees
OK in PA–just can’t interefere with client decision or breach duty of confidentiality
Zealous advocacy
must expedite litigation and avoid delay
Candor toward tribunal
Expected of attorney
Malpractice claim
a client must show:
1) employment of the attorney
2) Performance -the failure of the attorney to exercise ordinary skill and knowledge
3) Probable - that negligence was the proximate cause of damage.
The plaintiff must prove that they had a viable cause of action against the party and the attorney was negligent in pursuing the case.
