Pg 14

Question 1

What is involved in the duty to communicate?

Answer 1

Attorneys owe a duty to communicate by informing the client of all developments in the case and all settlement offers

Question 2

Who decides the objectives of a case?

Answer 2

The client determines these, and things like whether or not to accept an offer

Question 3

Who decides the means and tactical moves involved in a case?

Answer 3

The attorney decides this. This involves things like trial strategy

Question 4

What are some things that the attorney must abide by the client’s decisions about?

Answer 4

– whether to settle
– enter a plea
– waive jury trial
– testify

Question 5

Before a client can make a decision, the attorney must communicate what?

Answer 5

Sufficient information for the client to give her informed consent

Question 6

What are considered to be substantial rights?

Answer 6

Important or essential rights that affect the merits of the case, or serious steps in litigation

Question 7

What is an example of a substantial right?

Answer 7

Decision to settle or dismiss the cause of action,

Question 8

If a substantial right is involved, what does the attorney need?

Answer 8

The client’s consent and his involvement. In such a situation, the attorney has no independent authority to waive the right to appeal, eliminate an essential defense, dispose of the client’s property, etc.

Question 9

If no substantial right is involved in the case, the attorney has the authority to do what?

Answer 9

Make independent decisions and apply his technical expertise

Question 10

When there is no substantial right involved in a case, what is essentially going on?

Answer 10

Procedural matters, and a few substantive ones like legal theories or arguments

Question 11

Are attorneys able to independently handle routine and technical matters that come in the course of litigation?

Answer 11

Yes, without the need for client involvement

Question 12

Can an attorney accept a settlement offer without the client’s approval or consent?

Answer 12

No

Question 13

What is MR 1.4 regarding promptly informing clients?

Answer 13

Attorneys must promptly inform the client of any decisions requiring the client’s informed consent, reasonably consult with the client about the means of accomplishing his objectives, keep the client reasonably informed of the status of the matter, promptly comply with reasonable requests for information, consult with the client about any limits on the attorneys contact with the client expects attorney to violate the rules or laws

Question 14

If a client harasses an attorney every day for information, what can the attorney do?

Answer 14

He can set up a reasonable schedule to inform the client of developments and then can ignore constant phone calls outside of that schedule

Question 15

Attorneys only have to respond to what kinds of requests for information from clients?

Answer 15

Readonable requests. Daily phone calls are not reasonable

Question 16

To what extent should the attorney explain the matter to the client?

Answer 16

Attorneys should explain the matter to the extent reasonably necessary for a client to make an informed decision about the representation

Question 17

What is the most common reason for disciplinary complaints?

Answer 17

Bad communication with the client

Question 18

There has been an offer for a settlement or plea bargain, what must the attorney do?

Answer 18

Attorney must promptly inform the client of it (unless the client has previously authorized the attorney to accept or reject offers by outlining what is acceptable)

Question 19

If an immediate decision must be made at trial that requires a attorney to act without consulting the client, what must the attorney do?

Answer 19

Act reasonably to inform the client of his actions taken on the client’s behalf

Question 20

What type of information should be given to the client?

Answer 20

What is appropriate to a comprehending and responsible adult

Question 21

If a client is an organization, what information must be given to them?

Answer 21

Appropriate officials must be informed

Question 22

What can justify a delay in transmission of information from the attorney to the client?

Answer 22

Anything that the attorney believes would make the client react imprudently

Question 23

If an attorney chooses not to tell the client about a psychiatric diagnosis because the psychiatrist said that telling him would harm the client, is that appropriate?

Answer 23

Yes

Question 24

When a client is an organization or company, the organization is considered what?

Answer 24

A legal entity that cannot act except through its constituents

Question 25

Who are considered constituents of an organization or company?

Answer 25

Officers, directors, employees, shareholders

Question 26

If an attorney learns that an officer engaged in an action that violates a legal obligation of an organization that is likely to result in substantial injury to the organization, what must the attorney do?

Answer 26

Proceed as reasonably necessary in the best interest of the organization. Must refer the matter to a higher authority in the organization, and if necessary can reveal the information to the extent he believes necessary to stop substantial injury to the organization

Question 27

If an attorney finds out that the vice president of a corporation is violating antitrust by orchestrating price increases with the competition, what must the attorney do?

Answer 27

Tell the vice president what he’s doing is illegal and ask him to stop, go to his immediate supervisor, ask constituents to reconsider before referring to higher authority, go to highest authority (usually board of directors). The measures taken should try to minimize the risk of revealing information to those outside of the organization. Disclosure to a higher authority is only needed when the attorney believes the organization’s interests may be adverse to those of constituents

Question 28

Is it appropriate for an attorney to accept representation that is adverse to a constituent in an unrelated matter?

Answer 28

Yes

Question 29

It is important for corporate attorneys to clearly define their role as what?

Answer 29

Counsel of the organization, not individual constituents

Question 30

What is the Sarbanes-Oxley act?

Answer 30

It applies to securities attorneys appearing and practising before the SEC and mandates a reporting duty to client’s chief legal officer when a securities attorney becomes aware of credible evidence that the client is materially violating a federal or state securities law. 1. The chief legal officer must investigate and report back to the attorney, if the wrongdoing isn’t appropriately responded to, attorney must 2. report to the company‘s Board of Directors/audit committee. If that is not effective, 3. external disclosure to SEC is allowed as necessary to prevent injury to the corporation/investor owners

Question 31

Is it possible for there to be dual representation of an organization and a constituent?

Answer 31

Yes if the attorney has informed consent of both clients