Themis Essay 869 Flashcards
A potential conflict of interest occurs when:
(i) two clients’ interests are directly adverse to each other; or
(ii) there is a high probability that representing one client will materially limit the lawyer’s ability to represent another.
Clients can waive most conflicts of interest by
consent after consultation.
If a conflict is sufficiently gross or there is a direct conflict, then
the conflict cannot be waived.
When fired by her client, a lawyer must
withdraw.
A client’s papers, including papers produced as work product, that are in the lawyer’s possession must be
promptly returned upon the lawyer’s withdrawal from representation.
Even when a client has not paid the lawyer’s fee, the lawyer has a duty to
return the client’s papers to the client.
As an exception to the general rule, contingency fees require
a written agreement.
Although a client may discharge a lawyer without cause, the client will continue to have an obligation to
pay fees that the lawyer has already earned.
Virginia recognizes that an attorney is entitled to recover based on quantum meruit when a client,
without cause, fires the attorney who is providing services under a contingent-fee agreement, and the client employs another attorney who obtains a recovery for the client.
