The Client-Lawyer Relationship

Question 1

How is a lawyer-client relationship formed?

Answer 1

(1) appointment by a tribunal

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

Question 2

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

Answer 2

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

Question 3

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

Answer 3

(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

Question 4

May a lawyer limit the scope of representation?

Answer 4

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

Question 5

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

Answer 5

(1) whether to settle

(2) whether to appeal

Question 6

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

Answer 6

(1) What plea to enter,

(2) whether to waive a jury trial,

(3) whether the client will testify

(4) whether to appeal

Question 7

What matters are the lawyer’s decision?

Answer 7

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

Question 8

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

Answer 8

The lawyer may withdraw from representation.

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

Question 9

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

Answer 9

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

Question 10

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

Answer 10

The lawyer must withdrawal.

Question 11

What is noisy withdrawal?

Answer 11

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.

Question 12

When does a lawyer have actual authority?

Answer 12

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

Question 13

What is express authority of the lawyer?

Answer 13

Where the client ratifies their action

Question 14

What is the implied authority of a lawyer?

Answer 14

Anything that involves carrying out the client’s request

Question 15

What is apparent authority?

Answer 15

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

Question 16

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

Answer 16

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

Question 17

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

Answer 17

When the action is ratified by the client after the fact

Question 18

When is a lawyer’s authority terminated?

Answer 18

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

Question 19

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

Answer 19

What do you think idiot? Of course.

Question 20

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

Answer 20

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

(1) regular communication

(2) abiding by client’s decisions

Question 21

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

Answer 21

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

Question 22

May the lawyer seek compensation for emergency actions?

Answer 22

no

Question 23

When may a lawyer withhold information from a client?

Answer 23

(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

Question 24

When may a client avoid a contract with the lawyer?

Answer 24

(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.

Question 25

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

Answer 25

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

Question 26

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

Answer 26

(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

Question 27

What are a lawyer's duties upon termination?

Answer 27

(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

Question 28

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

Answer 28

Not in the same field of law

Question 29

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

Answer 29

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

Question 30

What must a lawyer communicate with the client about?

Answer 30

(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

Question 31

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

Answer 31

(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

Question 32

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

Answer 32

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

Question 33

Are all fees required to be in writing?

Answer 33

No, only contingent fees

Question 34

What must a contingent fee agreement include?

Answer 34

(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

Question 35

If the contingency succeeds, what must a lawyer do?

Answer 35

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

Question 36

When are contingent fees not permitted?

Answer 36

(1) Family law matters concerning: divorce, amount in alimony or support, or securing a property settlement (2) criminal cases

Question 37

When is fee division among lawyers reasonable?

Answer 37

(1) when they work in the same firm (2) when they are jointly resonsible for a case

Question 38

How may two lawyers from different law firms share fees

Answer 38

(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

Question 39

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

Answer 39

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

Question 40

What are prohibited methods of payment?

Answer 40

Media rights and other proprietary interests

Question 41

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

Answer 41

No

Question 42

What is a charging lien?

Answer 42

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