Pg 16

Question 1

Generally speaking a client can discharge an attorney when?

Answer 1

If it’s not disruptive or prejudicial and can do so with or without cause

Question 2

When is a time that a court wouldn’t let a client fire his attorney?

Answer 2

In the middle of trial if it would be disruptive or prejudicial

Question 3

If an attorney is fired before finishing his work, how does he get paid?

Answer 3

– if it was an hourly fee agreement, there’s no problem

– if it was contingency fee it can be done by quantum meruit or the contract rule

Question 4

How does quantum meruit apply to an attorney that has been discharged before finishing his work?

Answer 4

Awards the reasonable value of the services rendered before the discharge

Question 5

What is the contract rule relating to an attorney that is fired before finishing his work?

Answer 5

The attorney gets damages for the breach of contract under traditional contract principles, which is the full contract price because that is the value the parties put on the services

Question 6

If a client fired his attorney before trial, and the agreement was contingency-based, and the client gets a new attorney and loses, what does the client owe to the first attorney?

Answer 6

Nothing

Question 7

What must an attorney do at the end of the attorney client relationship?

Answer 7

Apprise the client of the conclusion of the representation so that the client knows the attorney is no longer overseeing his affairs

Question 8

If an attorney represents a client in a civil case and wins, and the attorney does not inform the client that the representation is finished, and the client is sued for a different thing regarding the same incident, is it fair for the client to assume the attorney is taking care of it?

Answer 8

Yes because the attorney should have informed him that the relationship was finished

Question 9

What is malpractice?

Answer 9

Civil liability on an attorney for professional misconduct or negligence

Question 10

What is the purpose of malpractice?

Answer 10

To get compensation for an injured person

Question 11

What are the different theories involved in malpractice?

Answer 11

Intentional tort, breach of fiduciary duty, breach of contract, vicarious liability, negligence, etc.

Question 12

How are the damages measured in malpractice suit?

Answer 12

According to the different theory that is applied

Question 13

What are some examples of malpractice involving an intentional tort?

Answer 13

Attorney is sued for misusing funds, abuse of process, misrepresentation

Question 14

What are some examples of malpractice involving a breach of fiduciary duty?

Answer 14

The attorney failed to keep the client’s confidence, safeguard his money or property, avoid conflict of interest, be honest with the client, adequately inform the client, or follow the client’s instructions

Question 15

What are the two ways that a breach of contract can occur that can cause malpractice?

Answer 15

An express agreement or an implied promise

Question 16

How can an implied promise cause a breach of contract that results in malpractice?

Answer 16

In the absence of an express agreement, the court implies a promise by the attorney to use ordinary skill or care to protect the client’s interests

Question 17

How can vicarious liability apply in a malpractice suit?

Answer 17

Law firms are civilly liable for injuries caused by their employees or principles acting in the ordinary course of the firm’s business or with actual or apparent authority

Question 18

Firms are liable for the acts of who?

Answer 18

Secretaries, partners, associates, etc.

Question 19

If a firm is a partnership without limited liability, the law of partnership says what?

Answer 19

Each partner is liable jointly and severally with the firm

Question 20

If the firm is a professional corporation, LLP, or LLC, the firm is vicariously liable for the injuries caused by their employees, but who is not personally liable?

Answer 20

Principles are not personally liable for conduct they didn’t participate in or supervise

Question 21

In order to prove negligence for malpractice, what must be shown?

Answer 21

Plaintiff must prove duty of care, breach, actual causation, proximate causation, and damages

Question 22

What is involved in the duty of care for negligence for malpractice?

Answer 22

There is a duty from the attorney to the client or prospective client

Question 23

How can a non-client become a client without paying a fee to the attorney?

Answer 23

Just by asking the attorney for help if the attorney doesn’t decline and the attorney knows or should know that person will reasonably rely on him to give the help

Question 24

What are the four situations that a duty of care can come up for non clients?

Answer 24

Prospective clients, invited reliance, non-client is intended to benefit, breach of fiduciary duty by client

Question 25

If a prospective client reveals important confidential information to an attorney in order for the attorney to check for conflicts of interest before agreeing to represent the person, what duty does the attorney owe?

Answer 25

Duty not to negligently reveal that information to outsiders

Question 26

If an attorney invites a non-client to rely on his work, and the non-client does rely, what duty does the attorney owe?

Answer 26

The duty of care

Question 27

At what point will tort law stop a duty to a non-client?

Answer 27

If the relationship is too attenuated

Question 28

If an attorney knows that a primary reason for a client getting his legal services is to benefit a non-client, then what duty does the attorney owe?

Answer 28

He owes a duty to the non-client

Question 29

If an attorney is hired to draft a will so that the person’s son can get everything, who does the attorney owe a duty to?

Answer 29

Both the guy and his son

Question 30

If an attorney is in a position to know whether the client is performing his trust duties, then what duty does the attorney owe?

Answer 30

He has a duty of care to the non-client that is owed a duty by the client if he knows he must act to prevent or rectify a breach of fiduciary duty by the client that is criminal or fraudulent or that the attorney helped to commit, the third-party isn’t reasonably able to protect himself, or the due care to the non-client won’t significantly impair the attorney’s ability to perform his duties to the client that is owed the duty by the client if he knows he must act to prevent or rectify a breach of fiduciary duty by the client that is criminal or fraudulent or that the attorney help to commit, the third-party isn’t reasonably able to protect himself, or the duke care to the non-client won’t significantly impair the attorneys ability to perform his duties to the client

Question 31

What is the standard of care for negligence in a malpractice suit?

Answer 31

That of a minimally competent attorney under the circumstances

Question 32

If an attorney is a general practitioner, what is the standard of care in a negligence suit for malpractice?

Answer 32

The skill and knowledge ordinarily possessed by attorneys under similar circumstances