Quimbee / Outline - The lawyer client relationship - formation

Question 1

Formation arises when:

3.

Answer 1

1. A person manifests an intent that the lawyer provide legal services and the lawyer agrees
2. A person manifest and intent to have the lawyer represent him, the lawyer fails to make clear that he does not want to undertake the representation, and the lawyer knows or should know that the prospective client is reasonably relying on the lawyer to provide the services
3. A tribunal appoints a lawyer to represent a client

Question 2

Formation arises when:

1. A person manifests an ______ that the lawyer provide legal services and the lawyer ______;
2. A person manifest an intent to have the lawyer represent him, the lawyer _____ to make _____ that he does not want to undertake the representation, and the lawyer ____ or should ___ that the prospective client is __________ relying on the lawyer to provide the services; or
3. A ________ appoints a ______ to represent a client

Answer 2

1. A person maNifests an INTENT that the lawyer provide legal services and the lawyer AGREES;
2. A person manifest and intent to have the lawyer represent him, the lawyer FAILS to make CLEAR that he does not want to undertake the representation, and the lawyer KNOWS or should KNOW that the prospective client is REASONABLY relying on the lawyer to provide the services; or
3. A TRIBUNAL appoints a LAWYER to represent a client

Question 3

3 ways a person can become an agent of another:

3.

Answer 3

1. Express Authority – the client explicitly gives the lawyer permission to act on her behalf.
2. Implied Authority – a client gives instruction that implicitly allows the lawyer to take certain actions on her behalf. Even just asking a lawyer to represent you impliedly authorizes the lawyer to take action that is reasonable and calculated to advance the client’s interest.
3. Apparent Authority – when certain representations are made to a third party, such as when a client tells a third party that the client’s lawyer may settle on her behalf, the third party may rely on the lawyers’ subsequent actions even if the client does not authorize them.

Question 4

Explain each of the 3 ways a person can become an agent of another:

1. Express Authority –
2. Implied Authority –
3. Apparent Authority –

Answer 4

1. Express Authority – the client explicitly gives the lawyer permission to act on her behalf.
2. Implied Authority – a client gives instruction that implicitly allows the lawyer to take certain actions on her behalf. Even just asking a lawyer to represent you impliedly authorizes the lawyer to take action that is reasonable and calculated to advance the client’s interest.
3. Apparent Authority – when certain representations are made to a third party, such as when a client tells a third party that the client’s lawyer may settle on her behalf, the third party may rely on the lawyers’ subsequent actions even if the client does not authorize them.

Question 5

What are the decisions to be made by the client?

Answer 5

Accept settlement,
plea deal
waive jury trial,
whether to testify,
whether to appeal

Question 6

What is the test for an unintentional formation of an attorney client relationship?

Answer 6

a. Prospective client manifests intent

b. Lawyer fails to show lack of intent to be retained

c. Prospective client reasonably relies on lawyer to their detriment

d. As a result, attorney client relationship is formed