Pg 15 Flashcards
What should be included in an engagement letter?
Clearly define the scope of the relationship, outline plainly what the attorney will and won’t do for the client
What does it mean that an attorney must abide by the client’s decisions for the objectives of the representation?
He must consult with the client about the means to be used, as well as whether to settle, how to plead, whether to waive a jury trial, or whether the client should testify
In what circumstances can an attorney limit the scope of representation?
If it is reasonable and the client gives informed consent
Attorneys cannot counsel a client to engage in what?
Conduct that the attorney knows is criminal or fraudulent
Is it OK for an attorney to discuss the legal consequences of a proposed course of action with a client without being in trouble for counselling the client or assisting the client in criminal or fraudulent activity?
Yes if he is making a good-faith effort to determine the application of the law or to give an honest opinion about the actual consequences of the client’s conduct
If an attorney simply discusses the legal consequences of a proposed course of action with a client, and the client uses the attorney’s advice for criminal or fraudulent action, does that make the attorney a party to it?
No, there is a difference between presenting an analysis of conduct and recommending ways to commit a crime
If an attorney tells a client he’s likely going to jail, and the client says he wishes he knew which countries didn’t have extradition laws so he could flee to one, and the attorney takes out a book with those countries, leaves it for the client to read, but says it’s illegal for him to flee to them, is the attorney in trouble?
Yes because he gave the client critical information to help him escape
Must an attorney withdraw when a client suggests illegal conduct?
No, but the attorney cannot affirmatively engage in an illegal course of conduct, or further the crime. It is OK for a client to just suggest something untoward, but withdrawal is necessary if it is demanded
If an attorney fundamentally disagrees with a client on how to proceed with the case, what should he do?
Withdraw
Is it possible for a client to authorize an attorney to take specific actions on his behalf without further consultation?
Yes, and then attorney can rely on this if no material change happens
If an attorney discovers illegal conduct of his client, what must the attorney do?
Withdraw. It is a good idea to give notice of the withdrawal to make sure there’s no suggestion of affirmation
What is required in order for an attorney to withdraw from representation?
Must follow the court rules, give notice or get permission from the court
If an attorney seeks withdrawal from representation from the court, can the court say no?
Yes, in which case the attorney must continue to represent the client
What are some possible reasons for an attorney to get permissive withdrawal?
- If the client makes representation unreasonably difficult
- party refuses to cooperate in discovery
- client won’t pay the bill (and was given a warning that would withdrawal would happen if bill not paid)
- client insists on actions that the attorney considers repugnant or fundamentally disagrees with
- withdrawal won’t have a material adverse effect on the client’s interests
- party persists in a cause of action that attorney reasonably believes is criminal or fraudulent
- client has used the attorney’s services in the past to perpetrate crime or fraud
- representation will result in an unreasonable financial burden to the attorney
- other good cause for withdrawal
What duties does an attorney have to the client upon withdrawal from representation?
Duty to protect client’s interests giving reasonable notice to the client, allowing time for him to hire a new attorney, handing over papers and property the client is entitled to including his legal file, refunding advance payments not earned, etc.
