the client lawyer relationship

Question 1

does a lawyer have a duty to represent a client? are there any exceptions

Answer 1

no; but there is an excpetion for court appointments

Question 2

can court appoinments be declined

Answer 2

yes, for cause

Question 3

what is sufficent cause for a lawyer to decline court appointment to rep a client

Answer 3

not being paid, violation of a rule of professional responsibility, commission of a crime

Question 4

does a lawyer ever have the duty to reject a client

Answer 4

yes, if the rules for mandatory withdrawal are triggered

Question 5

what triggers civil and ethical responsibles due to a person by a lawyer

Answer 5

the formation of an attorney client relationship

Question 6

is a fee or argangment to pay a fee needed to create the lawyer client relationship?

Answer 6

no

Question 7

is the test to determine the lawyer client test a contractual one or a neglience test

Answer 7

negligence

Question 8

what is the formation test for a lawyer client relationship

Answer 8

would a reasonble person determine that an attorney client relationship has been formed

Question 9

how can a lawyer prevent the formation of a lawyer client relationship
hint: D.A.R.E.

Answer 9

just say no!
make clear to the prospective client that you are not in an attorney client relationship

Question 10

what is the rule on limiting the scope of the representation?

Answer 10

the lawyers and clients may limit the scope of the rep HOWEVER the scope cant be so limited as to create ineffective representation

Question 11

ex: an indivdual who caused a car crash while drunk driving goes to a lawyer. the client is charged with drunk drving but also vehicular homicide. the lawyer wants to limit the rep “i dont do homicide”

what rule does this implicate, and is her response proper?

Answer 11

the limitation on scope rule; and no she cant say this as the two crimes are so interchangeable that if she limited her rep it would create ineffective representation

Question 12

what does proper communication look like from the lawyer to the client? what are the exceptiosn?

Answer 12

the laywer must tell the client EVERYTHING the client needs to know to make an INFORMED decsion about the case

exception: a prior agreement with client concerning a limitation

Question 13

do lawyers need to communicate settlement offers with the client

Answer 13

yes

Question 14

in a criminal prosecution, what can only the client make decsions about (three in all)

what can the laywer do tho?

Answer 14

whether to testify
whehter to excersise the right to trial by jury
decsions about plea bargins

the lawyer can advise the client but the c males the final call

Question 15

what do we mean by clients under a disabilty

Answer 15

someone underage or someone with a medical disability (ie mental disability, drug addiction)

Question 16

what duties do lawyers have to clients under a disability (three in all)

Answer 16

maintain an ordinary relationship
seek appointment of a gaurdian if needed AND
permted to reveal info as needed to PROTECT THE CLIENT

Question 17

what MAY a laywer do for clients under a disabilty

Answer 17

take protective action

Question 18

can a lawyer counsel a client on crime and fraud

Answer 18

yes – as to LEGAL CONSEQUENCES
no – as to HOW TO commit a crime – dont walk them through the elemets of a crime lol

Question 19

what are the three scenerios where a lawyer MUST withdrawl from rep

Answer 19

violation of the rules
attorney impairment
the client fires you

Question 20

what kind of right does a client have to fire an attorney

Answer 20

the absolute right

Question 21

would a client still owe fees to a lawyer after they fire them

Answer 21

yes, unless discharged for cause

Question 22

after court process has started, what must the lawyer do in order to withdrawl

Answer 22

must get permission from the court – EVEN IF WITHDRAWL IS MANDATORY

Question 23

in terms of an attorney getting fired, what two things can the lawyer not do/have

Answer 23

cant contract that the client isn’t allowed to fire the attorney
cant have a penalty provision like liquidated damages or raised fees

Question 24

what are the two types of permissvie withdraw

Answer 24

harmless withdraw and harmful discharge

Question 25

can a lawyer withdraw even if the client objects

Answer 25

yes, so long as there is no harm to the client

Question 26

shortly after being hired, before the case began in earnest, the lawyer fires his old client for a new and better client. is this allowed

Answer 26

yes, but not ideal

Question 27

when can (ie may) an attorney withdrawl from client rep even if it is harm (five in all)

Answer 27

1.reasonble belief the client is pursing crime or fraud and used the lawyers services

2.client’s actions are repugnant to the attorneys

3. unreasonable financial burden (a bad deal is not enough)
4. client fails an obligation to the lawyer (ie not paying fees)
5. good cause (illness or family emergency)

Question 28

after withdrawal or termination from rep, what does the lawyer have to do?

Answer 28

return the client’s property and unearned fees

Question 29

after withdrawal or termination what happens if the client still owes a fee

Answer 29

the lawyer can have a retaining lein placed on the clients property – it cant harm the client tho

Question 30

when a third party (ie like a medical insurer) disputes funds, what should the attorney do

Answer 30

hold the disputed funds until the third party’s dispute is resolved