The Client-Lawyer Relationship Flashcards
What are the underpinning assumptions of the Client lawyer relationship?
What areas of law?
The Lawyer Client relationship is first a Contract, but it is one in which a Lawyer is assumed to be a fiduciary, that they have to act with the clients best interests at heart, and that they are the clients agent, they can act on behalf of the client
When does a Client lawyer relationship traditionally arise?
When a person manifests an intent that the laywer provide legal services and the lawyer agrees.
It can also arise when that person relies on those services, the lawyer knows it and the lawyer does not clairify
Can a Client lawyer relationship arise if a lawyer does not expressly agree to provide services?
Yes, if a person manifests an intent that a lawyer provide legal services AND
1. the lawyer knows that the person will rely on those services
2. the lawyer fails to correct the person
Then a Client lawyer relationship has arisin.
The burden is on the LAWYER to be clear.
Can a court appoint a client a lawyer?
When a court or tribunal appoints a lawyer to represent a client, a relationship under the MRPC is formed
What are the three main ways that a Client Lawyer relationship is formed?
A Client lawyer relationship is foormed when a Person manifests an intent to hire a lawyer for legal services and (1) a lawyer agrees or (2) a lawyer knows that the cleint thinks a relationship is formed and that lawyer does not make it clear to that client that one has not formed or (3) a court appoints a lawyer to represent a client
What are the core decsions made by a client in the client lawyer relationship?
- the Objectives of the representation
- Whether to settle the case
- The expenses to be incurred
- Wethter to enter into a plea
- Whether to testify in a criminal case
- Wether to waive a jury trial in a criminal case
What are the Decsions made by a lawyer in a client lawyer relationship
Technical, legal and tactical matters of the case
Can you help your clients break the law?
No, but you can have an in depth discussion about the legality of thier considered courses of action and try to convince them not to
