Ethics Flashcards
When is a Lawyer-Client relationship created?
When the client objectively believes there is such relationship.
What decisions must be made by the client?
- Objectives and goals
- Final decision to accept a settlement or plea
- Criminal testimony
- Jury trial
When must an attorney withdraw?
(1) Rule violation (ABA violation of the model rules or any law –CA just the rules or State Bar Act).
(2) Material impairment of physical or mental health.
(3) CA Rules: Bad Faith Claim
(4) Discharge – Both rules
When may an attorney withdraw?
(1) ABA allows withdraw if it will not harm the client, however CA does not recognise this.
(2)
What is required at withdraw?
(1) Reasonable Notice
(2) Mitigate consequences
(3) IN Ca return all papers whether paid for or not, ABA must return those to which the client is entitled.
(4) Must return funds but may keep any the lawyer is entitled to.
What fees may be charged?
ABA a lawyer may not charge an unreasonable fee, CA a lawyer may not charge an unconscionable fee
Facts, amount of work, novelty, time limitation, whether fixed or contingent fee, the experience - reputation - etc of the attorney
When the agreement is made
When must a fee agreement be in writing
All contengent fees
ABA - recommended, not required
CA if the fee is over 1K
Exceptions: 1 Corporation, 2 History of similar circumstances, 3 emergencies, 4 client waives the written fee agreement
What must be in a contingent fee agreement:
- Basis for calculation
- Client’s liability for cost and fees
- Whether expenses are before and after
- IN Ca must state that it is negotiable and state whether client will have to pay for unrelated matters
Under CA law, failure to comply renders the agreement voidable.
When are contingent fees prohibited
Criminal and family cases related to obtaining divorce or amount of spousal support
Requirements for fee sharing with non-firm attorney?
CA: May split fees is approved by the client in writing, and the total fee is not increased as a result
ABA: must be split in proportion to service unless both assume joint responsibility.
What are the rules on referal?
- ABA: A lawyer may not give anything of value
What doctrines govern confidentiality?
The Attorney-Client Privilege
The work product doctrine
The duty of confidentiality
Exceptions to the Attorney-Client Privilege?
- Future Crime or fraud
- Comms relevant to a dispute
What is the duty of confidentiality?
Generally, a lawyer may not reveal anything related to client representation.
Exceptions:
1. client consent
2. When implied authorization (ABA)
3. Or when permitted by the rules
4. When a lawyer reasonably believes disclosure reasonably believes will result in death or substantial harm to an individual. (CA) Lawyers must take steps to dissuade and must inform the client it will be revealed.
5. Secure Legal advice
Rule on conflicts between attorny and client?
A lawyer may not represent a client if the representation will be materially affected unless;
- lawyer reasonably believes they can provide competent and diligent repoestation
- Not bared by law
- Not adverse
- Informed consent in writing (CA) confirmed in writing (ABA)
