The Client-Lawyer Relationship Flashcards
How is a client-lawyer relationship formed?
Through mutual agreement of the lawyer and client.
What are the conditions of a mutual agreement?
(1) The client expresses to the lawyer that the client intends to engage the lawyer’s legal service, (2) the lawyer agrees to provide those services.
How may a lawyer limit the scope of services?
As long as (1) the limits are reasonable under the circumstances, and (2) the client gives informed consent to the limitation.
How must a lawyer consult with a client?
Lawyers must consult with clients about the means of achieving the client’s goals or objectives…and may act on behalf of the client where there is implied authorization.
What types of authority does a lawyer have to work on behalf of their client?
A lawyer may have reserved authority, actual authority, or apparent authority, to make certain decisions in the course of the representation.
What kinds of authority do clients have in civil matters?
Clients in civil matters have the authority to accept or decline a settlement, OR whether to initiate a lawsuit or an appeal.
What kinds of authority do clients have in criminal matters?
Clients in criminal cases have the authority to decide what plea to enter, whether to waive a trial by jury, and whether to testify on their own behalf.
What does a lawyer need to do when a client engages in fraudulent or criminal activity?
A lawyer may discuss with a client the legal consequences of a proposed action and asset the client in a good-faith effort to determine the meaning or application of the law.
When does a lawyer-client relationship end?
A client’s representation ends when the assistance agreed upon by the lawyer and the client has been fully rendered or otherwise concluded. A client has an absolute right to terminate the representation anytime for any reason.
When must a lawyer withdraw from representation?
IF: (1) The representation will result in a violation of the law or the rules of professional conduct, (2) the lawyer’s mental or physical condition materially interferes with his ability to represent the client, (3) or the client terminates the lawyer’s services.
What are lawyer-client contracts called?
Client-lawyer contracts are called representation agreements or retainer agreements. With the exception of a contingent-fee arrangement, a written contract is no required in the course of a representation.
What standard must a lawyer maintain while communicating with clients?
A lawyer must keep a client reasonably informed about the status of the matter that is subject of the representation.
What fee requirements are there?
Reasonableness of fees and the communication of fees to the client.
When may a lawyer refuse a court appointed client?
Rule 6.2 of the Model Rules of Professional Conduct permits a lawyer to refuse a court appointment for good cause, which includes clients or causes so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer’s ability to represent the client.
