Scope of Representation Flashcards
To what extent can the scope of representation be limited?
To any extent, by either party, as long as it does not create ineffective representation.
When must an attorney communicate a settlement offer to the client?
Always, unless the offer is below the minimum that the client has said the attorney can accept.
What special rights does a criminal defendant have?
- Whether to testify
- Whether to have a jury
- How to plead
- Plea bargains must be communicated to the client.
What clients qualify as having a disability, and how must an attorney treat them?
Clients with a legal disability (like being a minor) and psychological conditions are considered having a disability.
Atturney must
- Maintain an ordinary relationship;
- Seek appointment of a guardian, if impairment is so severe to necessitate that
- Maintain the privacy of the client’s disability UNLESS revelation is necessary to protect client
Can an attorney counsel/assist with criminal activity?
No, not if the attorney knows it to be criminal or fraudulent.
What obligation does a partner have as to the conduct of the firm’s employees?
They must make reasonable efforts to ensure that the lawyers and all non-professional employees comply with the rules of professional conduct.
When will supervisory attorneys be vicariously liable?
When they order, ratify, or (after learning of a violation) fail to take remedial action in connection with a violation made by a subordinare attorney/non-professional.
Can a subordinate attorney just “follow orders” and not be liable?
No. They will only be protected if the supervising attorney made a reasonable decision. If the decision was unethical, then the subordinate attorney will be liable.
Is snitching allowed?
Yes. Lawyers have a duty to report known violations of the PR Rules by another lawyer relating to honesty, trustworthiness, and fitness to practice law.
