Which Client to Accept: Duty of Competence / Requirement for Diligence / Need for Legal/Factual Merit / Spotting the Difficult Client

Question 1

Vetting a Case – The critical Q’s

Answer 1

1. Does the matter have merit?
2. Do you have the requisite competency in the subject matter?
3. Are any conflicts present?
4. Do you have the time to handle the case properly?
5. Will this be a good client?

Question 2

Rule 3.1 – Meritorious Claims and Contentions

Answer 2

A lawyer shall not bring or defend a proceeding or assert or dispute an issue therein unless there is a basis in law and fact for doing so that is not frivolous

A lawyer may make a good faith argument for an extension, modification or reversal of existing law

Question 3

Rule 1.1 – The Duty of Competence

Answer 3

Rule: A lawyer shall provide competent representation to a client

Test: Does the lawyer have the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation?

You can render yourself competent in your first case by:

1. Studying the law; and,
2. Getting a mentor to guide you

Question 4

Rule 1.3 – The Duty of Diligence

Answer 4

Rule: A lawyer shall act with reasonable diligence and promptness in representing a client

• Comment: A lawyer’s work should be controlled so that each matter can be handled adequately

Question 5

Rule 1.16(a)

Answer 5

You must withdraw when:

1. The representation will result in a violation of the RPC or other law;
2. You are physically or mentally incapacitated; or,
3. You are discharged (fired).

Question 6

Rule 1.16(b)

Answer 6

You may withdraw when:

1. There will be no material adverse affects to the client;
2. The client persists in conduct that is criminal or fraudulent and/or is using your services to commit a crime or fraud;
3. The client is refusing to follow your advice or there exists a fundamental disagreement regarding course of action;
4. The client fails to fulfill an obligation relating to your services;
5. The representation will result in an unreasonable financial burden or has been rendered unreasonably difficult by the client;
6. Other good cause.

Question 7

Rule 1.16(c)

Answer 7

If in litigation, you must seek the court’s permission before you may withdraw

Question 8

Rule 6.1 – Indigent Representation

Answer 8

Every lawyer is ethically obligated to provide legal services to those unable to pay. You should aspire to at least 50 hours of pro bono work per year

• Note: This is an aspirational guideline

Question 9

Rule 6.2 – Accepting Appointments

Answer 9

You shall not seek to avoid court appointment to represent a person except for good cause, such as:

• The representation will likely result in violation of the RPC or other law;
• The representation will likely result in an unreasonable financial burden; or,
• The client or the cause is so repugnant to the lawyer so as to impair the a/c relationship or the lawyer’s ability to represent the client