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MPRE > The Client-Lawyer Relationship > Flashcards

The Client-Lawyer Relationship Flashcards

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1
Q

How is a lawyer-client relationship formed?

A

(1) appointment by a tribunal

(2) the person manifests an intent for that lawyer to represent her and the lawyer agrees

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2
Q

Is a lawyer-client relationship formed even when the lawyer has not agreed to represent someone?

A

It depends on whether the individual manifested the intent, the lawyer does not make clear that she will not undertake the representation, and the individual reasonably relies on the lawyer for the services

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3
Q

When is a lawyer prohibited from a lawyer-client relationship?

A

(1) if the representation violates the Rules or other law

(2) the lawyer’s physical or mental condition would impair their ability to represent the client

(3) if the lawyer determines that they cannot competently, promptly, and without a conflict of interest, represent the client to completion

(4) the factual or legal position is unsupportable and frivolous

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4
Q

May a lawyer limit the scope of representation?

A

Yes as long as:

(1) it is reasonable

(2) it does not limit their ability to practice law

(3) the limitation does not negatively affect the ability of the lawyer to competently handle the matter

(4) the client agrees in writing

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5
Q

What matters are a client’s decision in a civil case?

A

(1) whether to settle

(2) whether to appeal

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6
Q

What matters are a client’s decision in a criminal case?

A

(1) What plea to enter,

(2) whether to waive a jury trial,

(3) whether the client will testify

(4) whether to appeal

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7
Q

What matters are the lawyer’s decision?

A

technical or legal tactical matters by which the client’s objectives may be pursued.

The lawyer, however, must always communicate these decisions to the client

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8
Q

What if a lawyer and client cannot come to a reasonable resolution as to a disagreement about representation?

A

The lawyer may withdraw from representation.

If in litigation, the court must approve the lawyer’s withdrawl.

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9
Q

What may a lawyer do if the client proposes to engage in a crime or fraud?

A

The lawyer must decline this course of action, explain why, and advise the client of the consequences.

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10
Q

When a lawyer discovers a client has been utilizing their services for illegal conduct, what is a lawyer’s responsibility?

A

The lawyer must withdrawal.

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11
Q

What is noisy withdrawal?

A

It is where a lawyer withdrawal’s from representation and disaffirms any of her prior opinions, documents, affirmations, or the like that the client is using to carry out the wrongdoing.

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12
Q

When does a lawyer have actual authority?

A

when she believes she is authorized to act based on her dealings with the client

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13
Q

What is express authority of the lawyer?

A

Where the client ratifies their action

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14
Q

What is the implied authority of a lawyer?

A

Anything that involves carrying out the client’s request

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15
Q

What is apparent authority?

A

The apparent authority of a client is where manifests that the lawyer has the authority to act, such as a retainer agreement

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16
Q

When may a lawyer’s action not bind a client?

A

When the lawyer makes a decision that is not within the scope of their authority implied or otherwise.

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17
Q

How may a lawyer’s action outside of authority be binding?

A

When the action is ratified by the client after the fact

18
Q

When is a lawyer’s authority terminated?

A

(1) they are fired or they withdrawal
(2) the client dies
(3) the lawyer dies or is unable to continue representation

19
Q

Must a lawyer inform a third party of the client’s death?

A

What do you think idiot? Of course.

20
Q

What are a lawyer’s duties to a client with diminished capacity (i.e. minor or mentally impaired)

A

The lawyer must try to maintain a normal lawyer-client relationship including:

(1) regular communication

(2) abiding by client’s decisions

21
Q

When may a lawyer act outside a client of diminished capacity’s desires?

A

When the lawyer has reason to believe that the client cannot act in their best interest.

Upon this decision a lawyer may take protective action and reveal only the information necessary to do so

22
Q

May the lawyer seek compensation for emergency actions?

A

no

23
Q

When may a lawyer withhold information from a client?

A

(1) As long as the intent is not to serve the lawyer’s or third party’s interests, when the lawyer has reason to believe the client will act imprudently to immediate communication

(2) a court order

24
Q

When may a client avoid a contract with the lawyer?

A

(1) when the lawyer attempts to modify or contract in the middle of representation. Unless the lawyer can prove that the formation was fair and reasonable.

(2) the contract was made after the work.

25
Q

When a client fires the lawyer, how are fees treated?

A

Fees:
the client is liable for the fees for the work the lawyer did on the case

Contingent fees:
if the contingency comes to pass, the client is liable for the work the lawyer does on the case

26
Q

When may, not must, a lawyer withdrawal from representation?

A

(1) The lawyer reasonably believes the client is using her services for a crime or fraud

(2) the client used the lawyer’s services for past fraud or crime

(3) the client breaks a promise to the attorney

(4) there is financial hardship on the lawyer, meaning they are not getting paid

(5) the client will not cooperate and the representation is unreasonable

27
Q

What are a lawyer’s duties upon termination?

A

(1) provide reasonable notice of withdrawal

(2) provide sufficient time for the client to obtain another lawyer

(3) refunding any unearned attorney’s fees

(4) returning all papers and property

28
Q

When selling one’s law practice, may the lawyer continue practicing in that geographical location?

A

Not in the same field of law

29
Q

What must the lawyer do for their clients when they sell their law practice?

A

notify all clients in writing of the sale, their right to obtain their records, and that if there is no response in 90 days their consent is presumed

30
Q

What must a lawyer communicate with the client about?

A

(1) client must be promptly informed of any decision with which the lawyer needs the client’s consent

(2) must consult with the client about means by which to accomplish the client’s objectives

(3) keep the client informed of the matter

(4) promptly comply with reasonable requests for information

(5) consult with client about limitations to their services due to the Rules

31
Q

What are factors involved in determining whether a fee is reasonable?

A

(1) the time and labor required, the novelty and difficulty of the questions, the skills necessary to preform the services

(2) the likelihood that acceptance of this representation will preclude the lawyer from accepting other employment

(3) the amount involved and results obtained

(4) the time limitation imposed by the client or circumstances

(5) the nature and length of the professional relationship

(6) the lawyer’s experience, reputation, and ability

(7) whether the fee is fixed or contingent

32
Q

What is a lawyer’s responsibility to the client in regard to fees?

A

They must explain how the fee is calculated in writing and communicate any fee changes

33
Q

Are all fees required to be in writing?

A

No, only contingent fees

34
Q

What must a contingent fee agreement include?

A

(1) method by which the fee is determined

(2) the expenses and costs to be deducted from the recovery and whether the expenses are to be deducted before or after calculation of the fee

(3) the expenses for which the client will be liable regardless of whether or not the client prevails

35
Q

If the contingency succeeds, what must a lawyer do?

A

Send the client a written statement of how the matter was concluded and showing the remittance to the client and the method the remittance’s determination

36
Q

When are contingent fees not permitted?

A

(1) Family law matters concerning: divorce, amount in alimony or support, or securing a property settlement

(2) criminal cases

37
Q

When is fee division among lawyers reasonable?

A

(1) when they work in the same firm

(2) when they are jointly resonsible for a case

38
Q

How may two lawyers from different law firms share fees

A

(1) obtain the client’s permission to share fees including an explanation of how they are calculated

(2) proportional to each lawyer’s work on the case

(3) both lawyers must be jointly responsible for the case

39
Q

Are retainer fees subject to refund if the lawyer is fired?

A

No, since they are simply ensuring that a lawyer has space to represent the client

40
Q

What are prohibited methods of payment?

A

Media rights and other proprietary interests

41
Q

May a lawyer exact an unreasonably high fee even if the client and lawyer bargained for it?

A

No

42
Q

What is a charging lien?

A

A hold against a client’s recovery in order to secure attorney’s fees

MPRE (2 decks)

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