PR Final Exam Flashcards
Pro Bono
Every lawyer has a professional responsibility to provide legal services to those unable to pay
A lawyer should aspire to render at least 50 hours of pro bono public legal services per year
Pro Bono Comments
Provide a substantial majority of the 50 hours of legal services without fee or expectation of fee to : persons of limited means or charitable, religious, civic, community, governmental, and educational organizations in matters that are designated primarily to address the needs of persons of limited means
Provide additional services through organizations seeking to secure civil rights, civil liberties or public rights, reduced fee to persons of limited means, participation in activities for improving the law, the legal system or the legal profession
Accepting Appointments
A lawyer SHALL not seek to avoid appointment by a tribunal to represent a person except for good cause, such as:
(a) … likely to result in violation of the Rules … or other law; (b) … unreasonable financial burden on the lawyer; or (c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer’s ability to represent the client.
Misconduct in the form of bias
It is professional misconduct for a lawyer to:
(g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law
Misconduct in the form of bias comments
Such discrimination includes harmful verbal or physical conduct that manifests bias or prejudice towards others. Harassment includes sexual harassment and derogatory or demeaning verbal or physical conduct. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature. The substantive law of antidiscrimination and anti-harassment statutes and case law may guide application of paragraph (g).
Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law;
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or
(g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law
Disciplinary Authority
A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer’s conduct occurs.
A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction.
A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct.
Choice of Law
(b) . . . the rules of professional conduct to be applied shall be as follows:
(1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and
(2) for any other conduct, the rules of the jurisdiction in which the lawyer’s conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur
Bar Admission
An applicant for admission to the bar (or a lawyer in connection with a bar application or disciplinary matter) shall not:
(a) knowingly make a false statement of material fact; or (b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.6.
Pro Hac Vice
Rule XIV: Practice By Comity
Non-resident attorney must be admitted to practice before U.S. S. Ct., federal circuit of residence, or highest appellate court of state of residence
Local counsel must author motion for non-resident attorney to appear pro hac vice
Any trial court may require the non-resident attorney to associate with Arkansas counsel
The state in which the non-resident attorney resides must accord similar comity and courtesy for Arkansas lawyers to appear pro hac vice.
Unauthorized Practice of Law
Non-lawyer doing legal work
Lawyer admitted in State A but practicing in State B
Lawyer on inactive status or suspended/disbarred practicing
MPRE often tests this by seeing whether you can catch that a lawyer is assisting a non-lawyer in UPL (which requires you know what non-lawyers can and cannot do).
Non Lawyer Can
Sell printed material explaining procedure to the public
Sell sample legal forms
Engage in secretarial service, typing forms for clients, provided that the non-lawyer only copy the information given to her in writing by her clients
Represent during an administrative hearing
Non Lawyer Cannot
Advise on remedies Assist in preparing forms Ask or answer questions regarding: the specific forms needed how to fill out forms where to file forms how to present evidence at hearings
Unauthorized Practice of Law Part 2
[3] A lawyer may provide professional advice and instruction to nonlawyers whose employment requires knowledge of the law; for example, claims adjusters, employees of financial or commercial institutions, social workers, accountants and persons employed in government agencies. Lawyers also may assist independent nonlawyers, such as paraprofessionals, who are authorized by the law of a jurisdiction to provide particular law-related services. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se.
Multi Jurisdictional Practice
a) A lawyer shall not practice in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.
(b) A lawyer who is not admitted to practice in this jurisdiction shall not:
(1) establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.
(c) A lawyer admitted in another U.S. jurisdiction…may provide legal services on a temporary basis in this jurisdiction that:
(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter (LOCAL COUNSEL);
(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this . . . jurisdiction, if the lawyer . . . is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized (PRO HAC VICE);
(3) are in or reasonably related to a pending or potential arbitration, mediation, or other ADR proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice… [REJECTS BIRBROWER]; or
(4) . . . arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.
In House Counsel
A lawyer admitted in another U.S. jurisdiction . . . may provide legal services in this jurisdiction that:
(1) are provided to the lawyer’s employer . . . and are not services for which the forum requires pro hac vice admission or
(2) are services that the lawyer is authorized to provide by federal law.
Subject to Discipline
asks whether the conduct described in the question would subject the lawyer to discipline under the Model Rules of Professional Conduct (or Model Code of Judicial Conduct (“CJC”), if the question involves a judge).
May or Proper
asks whether the conduct referred to or described in the question is professionally appropriate in that it:
Would not subject the lawyer or judge to discipline; and
Is not inconsistent with the Preamble, Comments, or text of the MR or the CJC; and
Is not inconsistent with generally accepted principles of lawyering.
Subject to Civil Liability
asks whether the conduct described in the question would subject the lawyer or lawyer’s firm to civil liability, such as malpractice, misrepresentation, and breach of fiduciary duty.
Subject to Criminal Liability
asks whether the conduct described in the question would subject the lawyer to criminal liability for participation in, or aiding and abetting criminal acts, such as prosecution for insurance and tax fraud, destruction of evidence, or obstruction of justice.
Subject to Litigation Sanctions
asks whether the conduct described in the question would subject the lawyer or lawyer’s firm to sanctions by a tribunal such as contempt, fine, fee forfeiture, disqualification, or other sanction
Subject to Disqualification
asks whether the conduct described in the question would subject the lawyer or lawyer’s firm to disqualification as counsel in a civil or criminal matter.
Duty of Incompetence
Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”
Duty of Incompetence 2
A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar. A newly admitted lawyer can be as competent as a practitioner with long experience. Some important legal skills, such as the analysis of precedent, the evaluation of evidence and legal drafting, are required in all legal problems. Perhaps the most fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily transcends any particular specialized knowledge. A lawyer can provide adequate representation in a wholly novel field through necessary study. Competent representation can also be provided through the association of a lawyer of established competence in the field in question.
Elements of Legal Malpractice
Duty
Atty-client rel.; some non-clients may sue also
Scope: reasonably competent similar atty.
Breach of duty
Lawyer’s conduct falls below the standard of care of a reasonably competent similar atty.
Causation
“But for” breach, no harm (actual cause);
Plaintiff and type of harm foreseeable (proximate cause)
Actual/legally cognizable harm
P must show a better result would have been obtained w/o atty. neg.
Standard of Care
Degree of care, skill, diligence, and knowledge commonly possessed and exercised by a reasonable, careful, and prudent lawyer in the practice of law in the jurisdiction, under the same or similar circumstances.
Restatement of the Law Governing Lawyers
A relationship of client and lawyer arises when:
(1) A person manifests to a lawyer the person’s intent that the lawyer provide legal services for the person; and either
(a) the lawyer manifests to the person consent to do so; or
(b) the lawyer fails to manifest lack of consent to do so, and the lawyer knows or reasonably should know that the person reasonably relies on the lawyer to provide the services.
When a person discusses with a lawyer the possibility of their forming a client-lawyer relationship for a matter and no such relationship ensues, the lawyer must:
Not subsequently use or disclose confidential information learned in the consultation [except as permitted by other rules];
Protect the person’s property in the lawyer’s custody; and
Use reasonable care to the extent the lawyer provides the person legal services.
Duties to Non-Clients
Courts have held that lawyers owe duties of care to certain non-clients:
Beneficiaries of a will prepared for a client;
“Primary beneficiaries” of a lawyer’s work – where client’s purpose in retaining the lawyer was to provide a benefit to the non-client (such as trustees);
Those whom the lawyer knows or should know will rely on the lawyer’s work, and who do rely to their detriment (such as recipients of opinion letters)
Proving Malpractice: Expert Witness
Experts are generally required on two, sometimes three, elements:
The applicable standard of care;
Breach of that standard; and
Causation
Exception: No expert is required if an issue is within the “common knowledge” of the jury, meaning the jury is capable of deciding whether the professional’s conduct was reasonable. (Vandermay)
Special Responsibilities of Prosecutors
The prosecutor in a criminal case shall:
refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;
The prosecutor in a criminal case shall:
make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused;
not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:
(1) the information sought is not protected from disclosure by any applicable privilege;
(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and
(3) there is no other feasible alternative to obtain the information;
Special Responsibilities of Prosecutors 2
The prosecutor in a criminal case shall:
(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action . . . refrain from making extrajudicial comments that can have a substantial likelihood of heightening public condemnation of the accused . . .
(g) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:
(1) promptly disclose that evidence to an appropriate court or authority, and
(2) if the conviction was obtained in the prosecutor’s jurisdiction,
(i) promptly disclose that evidence to the defendant unless a court authorizes delay, and
(ii) undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.
(h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.
Responsibilities of a Partner or Supervisory Lawyer
A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
(b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.
(c) A lawyer shall be responsible for another lawyer’s violation of the Rules of Professional Conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
Responsibilities Regarding Non-Lawyer Assistance
(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer; and
(c) a lawyer shall be responsible for conduct of such a person that would be a violation . . . if:
(1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
Responsibilities of a Subordinate Lawyer
(a) A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.
(b) A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.
Reporting Professional Misconduct
A lawyer who knows that another lawyer has committed a violation of the Rules . . . that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
. . .
(c) This Rule does not require the disclosure of information otherwise protected by Rule 1.6 (confidentiality rule).
Rules of Evidence: Confidentiality
A communication (not information which can be obtained independently, and a client can’t immunize pre-existing documents merely be sending to lawyer); made between privileged persons (persons whose presence is “reasonably necessary for the protection of the client’s interests in the particular circumstances” don’t destroy privilege) in confidence for the purpose of obtaining or providing legal assistance for the client RATHER than business purpose (watch out for in-house counsel hypos and apply the dominant purpose test).
Work Product
3) Trial Preparation: Materials.
(A) Documents and Tangible Things. Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative. . . . But, subject to Rule 26(b)(4) [THIS IS DISCOVERY INVOLVING EXPERTS], those materials may be discovered if:
(i) they are otherwise discoverable under Rule 26(b)(1) (scope) [THIS IS ORDINARY WP and NOT A/C PRIVILEGED]; and
(ii) the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means.
(B) Protection Against Disclosure. If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party’s attorney or other representative concerning the litigation. [The rule protects against disclosure of opinion WP if ordering disclosure of ordinary WP].
Experts
4) Trial Preparation: Experts.
(A) Deposition of an Expert Who May Testify. A party may depose any person who has been identified as an expert whose opinions may be presented at trial.
(B) Trial-Preparation Protection for Draft Reports or Disclosures. Rules 26(b)(3)(A) and (B) [OUR WORK PRODUCT RULE] protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the form in which the draft is recorded.
(C) Trial-Preparation Protection for Communications Between a Party’s Attorney and Expert Witnesses. Rules 26(b)(3)(A) and (B) protect communications between the party’s attorney and any witness required to provide a report under Rule 26(a)(2)(B) [OUR RULE FOR DISCLOSURES INVOLVING EXPERT TESTIMONY], regardless of the form of the communications, except to the extent that the communications:
(i) relate to compensation for the expert’s study or testimony;
(ii) identify facts or data that the party’s attorney provided and that the expert considered in forming the opinions to be expressed; or
(iii) identify assumptions that the party’s attorney provided and that the expert relied on in forming the opinions to be expressed.
(D) Expert Employed Only for Trial Preparation. Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial.
Claiming Privilege
(5)Claiming Privilege or Protecting Trial-Preparation Materials
(A)Information Withheld.When a party withholds information otherwise discoverable by claiming that the information is privileged . . . the party must:
(i) expressly make the claim; and
(ii) describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.
Basically, object immediately or you waive it, and create a privilege log with information about the document you are claiming as privilege and which privilege attaches (sometimes it’s both)!
Scope of A/C for Organizational Clients
An organization can claim A/C privilege when:
Majority rule: SCOTUS rejects “control group” test (Upjohn) for “subject matter” test, and Restatement follows:
A/C privilege applies where communication “concerns legal matter of interest to the organization and is disclosed only to privileged persons and agents of the organization who reasonably need to know of the communication in order to act on the organization’s behalf”
Who is the client of the lawyer representing the organization?
The organization, unless the lawyer specifically represents individuals and complies with conflict rules.
Therefore, “Upjohn warning”: “I represent the organization, and not you personally.”
A/C Exceptions
Putting in issue: When a party raises an issue that depends on the evaluation of legal opinions (e.g., malicious prosecution, abuse of process, bad faith litigation)
Experts:
Testifying Expert: Limits disclosure to material of a factual nature, and protects theories/mental impressions of counsel shared with expert
Non-Testifying/Consulting Expert: Party may not discover facts known OR opinions held by expert not expected to testify
3. Crime-Fraud: When the client intends to use privileged communications with lawyer in furtherance of a crime or fraud.
Exceptions to the exception – the MPRE LOVES to test these:
Does not apply when the attorney talks his client out of committing the crime!
Does not apply when the client intends to commit the crime but does not seek advice or information intended to use in furtherance of the crime/fraud!
Does not apply to past crimes/frauds!
Duration and Waiver of Privilege
Client can waive intentionally, even over lawyer’s objection. Waiver will occur if client (or lawyer) engages in conduct inconsistent with maintaining the privilege, including:
Inadvertent disclosure. There are 3 approaches to impact:
Any disclosure waives privilege
Inadvertent disclosure never waives privilege (subjective intent)
Majority approach: Balance a number of factors (i.e., sometimes inadvertent disclosure will waive privilege):
Reasonableness of precautions
Time taken to rectify error
Scope of discovery & extent of disclosure
Fairness
2. Subsequent disclosure in non-privileged setting: If lawyer, client, or authorized agent voluntarily discloses a privileged communication in a non- privileged setting, then the privilege is waived.
No tactical disclosures
Disclosures to testifying expert generally waives privilege
3. Putting-in-issue in litigation.
Inadvertent Disclosure Rules
MR 4.4(b): Recipient “shall promptly notify the sender” if knows or reasonably should know that the document was inadvertently sent
AR Rule 4.4 tracks this language
FRCP 26(b)(5): After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved
Ethics on Confidentiality
MR 1.6
(a) A lawyer “shall not reveal information relating to representation of a client” unless client consents or exception applies.
Model Code DR 4-101 (don’t have to know)
“Confidences and secrets”
Ethical Duty of Confidentiality
(a) “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).”
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer …; or
(6) to comply with other law or a court order;
(7) to detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.
Organizational Clients
(b): “If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law that reasonably might be imputed to the organization, and that is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization.”
(b): “the lawyer shall refer the matter to higher authority in the organization, including, if warranted …, to the highest authority that can act on behalf of the organization.”
internal/up-the-ladder reporting
(c): if highest authority doesn’t act, “lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure, but only if and to the extent the lawyer reasonably believes necessary to prevent substantial injury to the organization.”
outside reporting
Sarbanes-Oaxley
requires attorneys who appear before the Securities and Exchange Commission “to report evidence of a material violation of securities law or breach of fiduciary duty … by the company or any agent thereof, to the chief legal counsel or chief executive officer of the company,” and if that person doesn’t “appropriately respond, to the audit committee of the board of directors” or to the board itself.
SEC Regulations
Lawyer may reveal to SEC “confidential information relating to the representation” to the extent the lawyer reasonably believes necessary
(1) to prevent the issuer from committing a material violation of federal or state law “that is likely to cause substantial injury to the financial interest or property of the issuer or investors”;
(2) to prevent the issuer from committing a fraud on the SEC; or
(3) to rectify the consequences of a material violation of law “that caused, or may cause, substantial injury to the financial interest or property of the issuer or investors in the furtherance of which the attorney’s services were used.” (RETROSPECTIVE)
Lawyer Self-Defense
MR 1.6(b)(5): permits disclosures:
to establish a . . . defense on behalf of the lawyer in a controversy between the lawyer and client,
to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or
to respond to allegations in any proceeding concerning the lawyer’s representation of the client.
Establishing a Claim Against a Client
MR 1.6(b)(5) allows disclosure “to establish a claim . . . on behalf of a lawyer in a controversy between the lawyer and the client.”
Two most common examples:
wrongful termination suit by in-house lawyer against client/employer
action by lawyer to recover unpaid fees from client
Allocation of Authority
(a) “A lawyer shall abide by a client’s decisions concerning the objectives of representation and . . . shall consult with the client as to the means by which they are to be pursued.”
Civil case: Client decides whether to settle.
Criminal case: Client decides what plea to enter, whether to waive jury trial, and whether to testify
Communication
(a) A lawyer shall . . . (2) reasonably consult with the client about means used; (3) keep a client reasonably informed about the status of a matter and (4) promptly comply with reasonable requests for information.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Diminished Capacity: When a client’s capacity to make adequately considered decisions in connection with a representation is diminished [because of age or mental disability, e.g.], the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
AR Rule 1.4 also includes language requiring lawyer to notify client in writing of any receipt or check received from an insurance company, opposing party, or source from settlement, judgment, etc.
