The Lawyer Client Relationship Flashcards
As soon as a potential client beings talking to a lawyer that lawyer owes to the client
1) A duty of confidentiality
2) A duty to avoid COI
The lawyer client relationship formally beings when
A client reasonably believes that the lawyer has undertaken to provide the client with some legal service
A lawyer’s fees must be
reasonable
Generally, a written contract setting the fee is not required except for
1) Contingent fees
2) Fee Sharing
A lawyer cannot charge a contingent fee in
1) Criminal cases; or
2) Domestic Relations cases
When a contingent fee is permitted it must be
1) in Writing AND signed by the client
2) Explain how the fee will be calculated and how deductions for expenses will be calculated; and
3) The lawyer must provide an ending statement in writing to the client explaining the outcome of the matter and providing the clear calculation of fees and expenses
Fee sharing is permitted among
lawyers in the same firm
When lawyers share fees with lawyers who are not in the firm, fee sharing is only permitted if:
1) The total fee is reasonable
2) the client agrees to the arrangement
3) The arrangement is made before the services are rendered
4) The Agreement is confirmed in writing
Fee Sharing is not permitted
with non lawyers
Lawyers cannot enter into multidisciplinary
practices with non lawyers
A lawyer owes the fiduciary duties of
good faith, candor, and care in managing the client’s interests
Lawyers must maintain client trust accounts and safety deposit boxes for the safe keeping of client property
1) in the state where the practice and
2) must maintain good accounting records for later examination
Lawyers must keep their own property
completely separate from client money and property. A lawyer cannot commingle any funds (even office funds) with clients account
Only whose money be may in a clients trust account ?
The clients
When a lawyer receives property of another that actually belongs to the client (getting money for sale of clients house) the lawyer must
promptly delivery that property and provide an accounting upon request, unless otherwise agreed upon.
A lawyer must be competent which means
He possess the “legal knowledge, skill, thoroughness and preparation necessary for the representation”
A lawyer does not need to know the law governing the client’s case before undertaking representation so long as
The lawyer will be able to acquire the necessary knowledge with reasonable diligence
In an emergency, a lawyer may provide limited assistance in a matter in which would ordinarily require further research But
The lawyer must limit the service to what is necessary under the circumstances
A lawyer owes the client a duty of diligence which
requires them to be timely, ordinary events like traffic will not excuse a lawyer’s duty to be diligent
A lawyer’s Duty to Communicate requires
The the lawyer keep a client informed about the status of a matter and respond to reasonable requests for information
Lawyer’s and clients share
decision making responsibility. A client agrees to the scope of the representation and the lawyer determines the best means to achieve the goal
A lawyer is prohibited form helping his client
commit crimes of fraud
A lawyer is required to withdraw from a case when
1) Continued representation will violate ethics rules or law
2) When the lawyer’s physical/mental health is impaired
3) The lawyer is fired
Generally, A lawyer is allowed to withdraw from a case when
Withdrawal can be effected without any material, adverse effect to the client
Even when withdrawal would harm the client the lawyer can withdraw if
1) Client persist in a course of action involving the lawyers services that the lawyer reasonably believes is illegal
2) The client used the Lawyer’s services in the past to commit a crime or fraud
3) Client actions that are repugnant
4) Client’s failure to meet obligations after a warning/ unreasonably difficult to work with
5) undue financial burden
6) other good cause
When seeking to withdraw once litigation is pending a lawyer
must seek the court’s permission to withdraw
The 3 duties a lawyer owes a client after termination is
1) minimize harm upon termination
2) Return any unearned fee
3) Return papers belonging to the client
(lawyer is still entitled to earned fees)
