The Client-Lawyer Relationship Flashcards
In general, a lawyer ______ under a duty to accept representation of any client, unless…
In general, a lawyer is not under a duty to accept representation of any client, unless the court appoints the lawyer to represent a client.
Information that relates to the representation of a client with ________________ is protected by ____________________. Thus, an attorney _____________________ such __________________ without __________.
However, when taking protective action such as seeking the appointment of a guardian, an attorney is impliedly authorized to reveal information about the client, but only _____________________________ to _______ the client’s ________, and the attorney _____________ whether it is likely that the person consulted will _____________________________ before discussing matters related to the client.
Information that relates to the representation of a client with diminished capacity is protected by the duty of confidentiality. Thus, an attorney must not generally disclose such confidential information without authorization.
However, when taking protective action such as seeking the appointment of a guardian, an attorney is impliedly authorized to reveal information about the client, but only to the extent reasonably necessary to protect the client’s interests, and the attorney must determine whether it is likely that the person consulted will act adversely to the client’s interests before discussing matters related to the client.
A lawyer may share a fee received from a client with other lawyers who are not members of the lawyer’s firm only if the following three conditions are met: (i) the ___ is ____________________ by each lawyer, or _______________________ for the representation; (ii) the client agrees ________ to the fee-splitting arrangement, including the ________________________, or the agreement is ____________ by the lawyer _________________ after the agreement; and (iii) the total fee charged ___________.
A lawyer may share a fee received from a client with other lawyers who are not members of the lawyer’s firm only if the following three conditions are met: (i) the fee is in proportion to the services rendered by each lawyer, or joint responsibility is assumed for the representation; (ii) the client agrees in writing to the fee-splitting arrangement, including the share that each lawyer is to receive, or the agreement is confirmed in writing by the lawyer within a reasonable time after the agreement; and (iii) the total fee charged is reasonable.
An opposing party ____ enforce a settlement agreement that the lawyer erroneously agreed to if the lawyer _________________________.
A lawyer’s apparent authority arising from retention does not extend to matters that are reserved for client decision, such as ________________________. However, a client can also ____________ the lawyer’s apparent authority through ____________________________________.
An opposing party may enforce a settlement agreement that the lawyer erroneously agreed to if the lawyer acted with apparent authority.
A lawyer’s apparent authority arising from retention does not extend to matters that are reserved for client decision, such as approving a settlement. However, a client can also enlarge the lawyer’s apparent authority through their conduct known to third parties.
A lawyer generally _____ withdraw ____________ when the client’s interests ______________________, even when the client ___________________.
If a matter is ___________, no permission of the court would be required for the attorney to withdraw.
A lawyer generally may withdraw for any reason when the client’s interests will not be materially harmed, even when the client objects to the withdrawal.
If a matter is not in court, no permission of the court would be required for the attorney to withdraw.
Generally, a lawyer ______ withdraw from representation of a client if the lawyer ___________ by the client.
When ordered to continue representation by a tribunal, the lawyer _____ continue representation despite the existence of good cause for terminating the representation.
Generally, a lawyer must withdraw from representation of a client if the lawyer is discharged by the client.
When ordered to continue representation by a tribunal, the lawyer must continue representation despite the existence of good cause for terminating the representation.
A lawyer is prohibited from charging __________________ for his services.
This includes ____________ a reasonable fee to ________________.
A lawyer is prohibited from charging an unreasonable fee for his services.
This includes charging a reasonable fee to recommend another attorney. There is no prohibition on charging a person for providing a referral, even though lawyers often do so for free.
