Professional Responsibility Flashcards
Formation of Lawyer-Client Relationship
In general, there is no duty to accept representation. There his a duty to reject it if it would violate an ethical rule.
Under RCP, a lawyer is not permitted to represent a client if he knows or should know there is no probable cause to bring the action and that the action is being brought to harass or maliciously injure a person.
The attorney must also not present a claim or defense that is not warranted under existing law, unless it can be supported by a good faith argument seeking a change in the law.
The attorney-client relationship begins when the client reasonably believes the relationship exists, and no formal writing is required.
Scope of Relationship - Settlement
Only the client has the authority to make the decision to accept the settlement. The attorney must communicate all bona fide offers of settlement to the client. A lawyer who agrees to a settlement without the client’s consent is subject to discipline.
Scope of Relationship - Strategy
The attorney has the authority to make decisions about strategy for achieving the client’s goals. The attorney should reasonably consult with the client and keep him reasonably informed about. the case status.
