Lawyer-Client Relationship

Question 1

What is the basic rule on competence?

Answer 1

Rule 1.1(a)

A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal service with competence.

Question 2

How does the RPC define competence?

Answer 2

Rule 1.1(b)

Competence in any legal service means to apply the (1) learning and skill, and (2) mental, emotional, and physical ability reasonably necessary for the performance of such service.

Question 3

What are an attorney’s options if they aren’t competent?

Answer 3

Rule 1.1(c)

A lawyer who lacks competence may nonetheless undertake the representation by:

1. Acquiring sufficient competency before performance is due
2. Associating, or where appropriate consulting another lawyer the attorney reasonably believes to be competent
3. Referring the matter to another lawyer the attorney reasonably believes to be competent

Question 4

What is the exception to the competence rule?

Answer 4

Rule 1.1(d)

In an emergency a lawyer may give advice or assistance in a matter where the lawyer lacks competence if referral or association is impractical. Assistance must be limited to that reasonably necessary.

Question 5

What are the comments on competence rule 1.1?

Answer 5

The duty of compliance requires an attorney to remain abreast of changes in the law and practice including the benefits of technology

Rule 1.1 applies only to the attorney in question

Question 6

What is the general rule on scope of representation?

Answer 6

Rule 1.2

A lawyer shall abide by a client’s decisions concerning the objectives of representation and, shall reasonably consult the client about the means by which they are pursued.

Question 7

When must an attorney abide by a client decision?

Answer 7

Rule 1.2

1. Whether to settle
2. Criminal how to plead
3. Waiver of jury trial

Question 8

May a lawyer limit representation?

Answer 8

Rule 1.2

A lawyer may limit the scope of representation if the limitation is reasonable under the circumstances, is not otherwise prohibited by law and the client gives informed consent.

Question 9

What’s the rule on counseling crime?

Answer 9

Rule 1.2.1

A lawyer shall not counsel or assist a client in conduct that the lawyer knows is criminal, fraudulent, or a violation of any law, rule or ruling of a tribunal.

A lawyer may counsel a client on the legal consequences of a purposed course of action

A lawyer may counsel a client in a good faith effort to determine the validity, applicability or meaning of a law, rule or ruling

Question 10

What is the general rule on diligence?

Answer 10

Rule 1.3(a)

A lawyer shall not intentionally, recklessly or with gross negligence fail to act with reasonable diligence in representing a client.

Question 11

What is reasonable diligence?

Answer 11

Rule 1.3(b)

Reasonable diligence means that a lawyer acts with commitment and dedication to the interest of the client and does not neglect or disregard, or unduly delay a legal matter entrusted to the lawyer.

Question 12

What are a lawyer’s communication duties?

Answer 12

Rule 1.4

A lawyer shall:
1. Promptly inform a client of a decision or where informed consent is required
2. Reasonably consult the client about the mean to accomplish client objectives
3. Keep client reasonably informed about significant developments including complying with reasonable requests for information
4. Advise client about relevant limitations on lawyers conduct
5. Explain the matter to the extent reasonably necessary to permit the client to make informed decisions

Question 13

What is the rule on professional liability insurance?

Answer 13

Rule 1.4.2 A lawyer who knows or should know at the time of engagement that they do not have professional liability insurance shall inform the client in writing at the time of engagement unless:
1. Matter will not exceed 4 hours
2. Government or in-house counsel
3. Emergency
4. Previously communicated to the client

Question 14

What is the general rule on fees?

Answer 14

Rule 1.5, a lawyer shall not make an agreement for, charge, or collect an unconscionable or illegal fee.

Question 15

What factors affect whether a fee is unconscionable?

Answer 15

1. Fruad
2. Nondisclosure of material facts
3. Fee in proportion to value
4. sophistication of the parties
5. novelty
6. precultion of other work, if apparent to the client
7. amounts involved & results
8. time limits imposed on the attorney
9. nature and length of relationship
10. experience, reputation, and ability of the attorney
11. fixed or contingent fee
12. time and labor required
13. presence of informed consent

Question 16

When is a contingency fee prohibited?

Answer 16

Rule 1.5(c), Family law or criminal case

Question 17

What are the rules on a true retainer?

Answer 17

A true retainer is “a fee that a client pays to a lawyer to ensure the lawyer’s availability to the client during a specified period.”

A true retainer is earned on receipt if the client agrees in writing.

Question 18

What is the rule on flat fees?

Answer 18

Flat fees are fine.