Terminating the Lawyer-Client Relationship Flashcards
How can the relationship be terminated?
(i) the client can fire the lawyer;
(ii) in some situations, the lawyer must withdraw;
(iii) in some situations, the lawyer may withdraw.
(iv) work is done
True or False: The law
thus allows the client to fire the attorney at any time, with or without just cause. Even if
the client fires the attorney for no good reason, the client will not be held liable for breach
of contract.
True
When the client fires an attorney, what do they have to pay?
the reasonable value of the work the
attorney did before being fired. If the contract between the attorney and client provides
for a flat fee or a maximum fee, that constitutes a ceiling on the quantum meruit
recovery.
When the client fires an attorney in a contingency case, how is payment handled?
the lawyer is still entitled to quantum meruit recovery for the reasonable value of the work done before the firing. However, the lawyer’s claim does not arise
until the contingency comes to pass.
Can a court deny an attorney substitution if it would cause an undue delay or disruption?
Yes
An attorney ____ withdraw if the attorney’s mental or physical condition materially
impairs the attorney’s ability to continue representing the client.
Must
If to continue with the representation will require the attorney to violate a law or a
disciplinary rule, the attorney ___ withdraw.
Must
An attorney may withdraw from representing a client for any reason if ….
it can be done
without material adverse effect on the client’s interests or if the client consents.
What are permissive grounds for withdraw?
1) Client Persists in Criminal or Fraudulent Conduct
2) Client Has Used Attorney’s Services to Commit Past Crime or Fraud
3) Client’s Objective Is Repugnant or Against Lawyer’s Beliefs
4) Client Breaks Promise to Attorney
5) Financial Hardship for Attorney
6) Client not cooperate - makes representation difficult
7) Other good cause
8) Client hasn’t paid and has been warned
9) Any reason if it will have no material adverse effect.
A lawyer ___ withdraw from representing a client if the client persists in a course of
action that involves the lawyer’s services and that the lawyer reasonably believes is
criminal or fraudulent.
May
if the client’s criminal
or fraudulent conduct involves some assistance by the lawyer, then the lawyer ___
withdraw
Must
After termination an attorney must take reasonable steps to protect client’s interest including:
(i) Providing the client with reasonable notice of the withdrawal;
(ii) Providing the client with time to obtain another attorney;
(iii) Refunding attorneys’ fees paid in advance and not yet earned and expense advances
not yet spent; and
(iv) Returning all papers and property to which the client is entitled.
True or False:when an attorney seeks to withdraw from a case and the court denies the necessary permission, the attorney has to continue the representation.
True - even if client admits the case is frivolous
Can you quit if client not pay even if in critical stage of case?
Yes
Yolanda regularly reviews vendor contracts for ComCorp. A few months ago, they agreed that Yolanda would bill $500 per contract, but they have not had any conversations about fees lately. On Wednesday, Yolanda receives a contract from ComCorp, does the work, and then bills them $500. On Thursday, Yolanda receives a contract from ComCorp that is twice the normal length. She does the work and then bills ComCorp $1,000, with an explanation that the contract was unusually long.
Assuming both amounts are reasonable, is Yolanda subject to discipline?
Press Enter or Space to submit the answer
Yes for actions on thursday - did not keep client aprised of situation.
