the client lawyer relationship Flashcards
does a lawyer have a duty to represent a client? are there any exceptions
no; but there is an excpetion for court appointments
can court appoinments be declined
yes, for cause
what is sufficent cause for a lawyer to decline court appointment to rep a client
not being paid, violation of a rule of professional responsibility, commission of a crime
does a lawyer ever have the duty to reject a client
yes, if the rules for mandatory withdrawal are triggered
what triggers civil and ethical responsibles due to a person by a lawyer
the formation of an attorney client relationship
is a fee or argangment to pay a fee needed to create the lawyer client relationship?
no
is the test to determine the lawyer client test a contractual one or a neglience test
negligence
what is the formation test for a lawyer client relationship
would a reasonble person determine that an attorney client relationship has been formed
how can a lawyer prevent the formation of a lawyer client relationship
hint: D.A.R.E.
just say no!
make clear to the prospective client that you are not in an attorney client relationship
what is the rule on limiting the scope of the representation?
the lawyers and clients may limit the scope of the rep HOWEVER the scope cant be so limited as to create ineffective representation
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?
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
what does proper communication look like from the lawyer to the client? what are the exceptiosn?
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
do lawyers need to communicate settlement offers with the client
yes
in a criminal prosecution, what can only the client make decsions about (three in all)
what can the laywer do tho?
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
what do we mean by clients under a disabilty
someone underage or someone with a medical disability (ie mental disability, drug addiction)
what duties do lawyers have to clients under a disability (three in all)
maintain an ordinary relationship
seek appointment of a gaurdian if needed AND
permted to reveal info as needed to PROTECT THE CLIENT
what MAY a laywer do for clients under a disabilty
take protective action
can a lawyer counsel a client on crime and fraud
yes – as to LEGAL CONSEQUENCES
no – as to HOW TO commit a crime – dont walk them through the elemets of a crime lol
what are the three scenerios where a lawyer MUST withdrawl from rep
violation of the rules
attorney impairment
the client fires you
what kind of right does a client have to fire an attorney
the absolute right
would a client still owe fees to a lawyer after they fire them
yes, unless discharged for cause
after court process has started, what must the lawyer do in order to withdrawl
must get permission from the court – EVEN IF WITHDRAWL IS MANDATORY
in terms of an attorney getting fired, what two things can the lawyer not do/have
cant contract that the client isn’t allowed to fire the attorney
cant have a penalty provision like liquidated damages or raised fees
what are the two types of permissvie withdraw
harmless withdraw and harmful discharge
can a lawyer withdraw even if the client objects
yes, so long as there is no harm to the client
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
yes, but not ideal
when can (ie may) an attorney withdrawl from client rep even if it is harm (five in all)
1.reasonble belief the client is pursing crime or fraud and used the lawyers services
2.client’s actions are repugnant to the attorneys
- unreasonable financial burden (a bad deal is not enough)
- client fails an obligation to the lawyer (ie not paying fees)
- good cause (illness or family emergency)
after withdrawal or termination from rep, what does the lawyer have to do?
return the client’s property and unearned fees
after withdrawal or termination what happens if the client still owes a fee
the lawyer can have a retaining lein placed on the clients property – it cant harm the client tho
when a third party (ie like a medical insurer) disputes funds, what should the attorney do
hold the disputed funds until the third party’s dispute is resolved
