Professional Responsibility Flashcards
Who may limit the scope of an attorney’s representation of a client?
Lawyers and clients may limit the scope of representation.
When must settlement offers be communicated to a client?
Always, unless client creates a minimum-offer requirement.
What three decisions must an attorney representing a criminal defendant allow the client to make?
(1) whether to testify
(2) right to a jury trial
(3) whether to accept a plea
When is a client considered to be under a disability?
(1) minors
(2) medical disabilities
What obligations does an attorney have to a client under a disability?
(1) maintain an ordinary relationship
(2) appoint a guardian, if necessary
(3) can reveal existence of the disability if necessary to protect the client
In what circumstances must an attorney withdraw from representing a client? (Mandatory withdrawal)
(1) Conflict of interest
(2) violation of a rule of professional conduct
(3) client’s purpose is harassment
(3) attorney impairment (drug abuse / addiction)
(5) fired by client
Note: Once court processes start, attorney must receive leave of court to withdraw.
Is a lawyer who was fired by his client still entitled to fees?
Generally, attorney is entitled to fees for reasonable value of work done.
BUT, not entitled to fees if the attorney was fired for incompetence/doing a bad job.
When can a client fire/discharge a lawyer?
Client has an absolute right to discharge his lawyer for nay reason or no reason.
What are the requirements for a permissive withdrawal?
(1) No material harm to client’s interests
(2) Court’s permission
When can a lawyer exercise permissive withdrawal even when it will materially harm a client?
(1) Lawyer “reasonably believes” his services are being used for criminal or fraudulent purposes
(2) Lawyer learns that previous services used for crime or fraud
(3) client’s action is repugnant or lawyer fundamentally disagrees
(4) Client deliberately fails to pay fees / obligations to lawyer
(5) Representation is unreasonably difficult for lawyer
(6) Inability to work with co-counsel
(7) Other good cause
Note: once in court, lawyer must receive permission from the court to withdraw.
What duties does a lawyer owe a client after termination and withdrawal?
(1) return all client’s property
(2) return any unearned fees
(3) can retain lien on client’s property for fees owed, but cannot harm the client by selling any property.
What four factors are considered in determining “reasonable rates” for a lawyer’s fee?
(1) Time (hourly rate)
(2) novelty (new matter or novel issue)
(3) amount in controversy (more money at issue / greater risk)
(4) nature of relationship (new or established)
Must a fee arrangement between lawyer and client be in writing?
Need not be in writing, UNLESS…
(1) matter involves domestic relations, OR
(2) matter involves fees of more than $3,000
Are bonuses allowed to a lawyer for services?
Not required unless it is provided for in the fee agreement.
When are contingent-fee agreements not allowed?
(1) criminal caes
(2) domestic relations cases
What are the requirements for a valid contingent-fee agreement?
(1) signed agreement
(2) contains calculation methodology = fees and expenses must be detailed
What must a client do with any unearned fees or advanced costs not used?
Put them in escrow for return to the client.
What is a “business transaction” between lawyer and client?
Any business transactions with the client OR acquisitions of an ownership or security interest in the client’s property.
What are the requirements for a lawful business transaction between lawyer and client?
(1) in writing
(2) fair and reasonable
(3) advise the client to seek independent counsel
(4) client gives informed consent and signs agreement
What must a client do in order to take a lien on client’s property in a domestic relations action?
Must give notice to the opposing party.
When may lawyers from different firms split a fee?
(1) fee split in proportion to services rendered
(2) client agrees to split after full disclosure of the arrangement
(3) total fee is not excessive
How does NY feel about arbitrating lawyer-client disputes?
Strongly encourages arbitration.
What information is “confidential” between lawyer-client?
(1) info protected by attorney-client privilege
(2) info likely to be embarrassing or detrimental
(3) info requested to be kept confidential
What communications are covered by the attorney-client privilege
Must be:
(1) testimonial communication (not a piece of evidence),
(2) given confidentially, AND
(3) actually kept confidential