Pre-Litigation stage Chapter 4.1-4.3 _ BP Flashcards
1. Initial consultation and taking of instructions 2. Legal opinions of counsel 3. Attorneys responsibilities
What document outlines the attorney-client agreement?
Engagement Letter or Memorandum of Consultation
True or False: Attorneys must explain cost implications to their clients during the initial consultation.
True
What is one responsibility of an attorney towards a client?
a) Predicting the trial outcome
b) Providing full information on legal processes
c) Writing client testimonials
b) Providing full information on legal processes
When is it essential to send a letter of demand?
a) After initiating court proceedings
b) Before filing any legal action
c) Only for contractual disputes
b) Before filing any legal action
True or False: Attorneys must report the progress of a case to clients regularly.
True
What is the attorney’s role regarding financial aspects of litigation?
To inform the client about expected costs and financial implications
What should attorneys consider during the initial consultation for defendants?
Possible defenses, financial costs, and prospects of success
True or False: Mediation is mandatory under Rule 41A of the Uniform Rules of Court.
True
What is the primary purpose of the initial consultation between an attorney and a client?
a) To decide the attorney’s fees
b) To gather all necessary information about the client’s case
c) To finalize a court date
d) To prepare a legal opinion immediately
b) To gather all necessary information about the client’s case
True or False: Attorneys are required to assess both factual and legal aspects of the client’s case during the pre-litigation stage.
True
What document is often prepared after the initial consultation to outline the client’s case?
a) Legal Opinion
b) Founding Affidavit
c) Letter of Demand
d) Notice of Motion
a) Legal Opinion
True or False: The attorney must brief counsel only after litigation has commenced.
False
Which rule requires attorneys to consider mediation before initiating litigation?
a) Rule 6
b) Rule 41A
c) Rule 22
d) Rule 46
b) Rule 41A
What should an attorney discuss with a client regarding financial aspects of a case?
a) Court filing fees only
b) Legal costs, potential costs orders, and the cost-benefit of pursuing the case
c) Costs of hiring witnesses only
b) Legal costs, potential costs orders, and the cost-benefit of pursuing the case
True or False: Attorneys should always advise clients of the possibility of settlement during the pre-litigation stage.
True
