2. Lawyer-client relationship (10-16%)

Question 1

What three elements are required for a lawyer-client relationship to be implied?

Answer 1

1. Client manifests intention that lawyer represent him
2. Lawyer fails to clearly decline
3. Lawyers knows that client is reasonably relying on him

Question 2

What is required for a lawyer to reasonably limit the scope of the representation?

Answer 2

The client’s informed consent

Question 3

Who makes all important case decisions?

Answer 3

The client

Question 4

What decisions does the lawyer make?

Answer 4

Strategic decisions

Question 5

Whilst a lawyer may not counsel or assist a client in conduct which is criminal or fraudulent, what can they do?

Answer 5

Discuss the legal consequences of any proposed course of conduct

Question 6

How must the fee structure be communicated to a client, and what is the exception to this?

Answer 6

Scope of representation, basis or rate of fee, and expenses for which the client will be responsible must be communicated to client before or within a reasonable time after representation starts

Exception: Same lawyer, same client, same rate, subsequent matters

Question 7

Must the fee arrangement be in writing?

Answer 7

This is preferred, but not required. Writing required for contingent fee

Question 8

Is a minimum fee agreement allowed?

Answer 8

No

Question 9

What is the central requirement for all fees?

Answer 9

They must be reasonable

Question 10

When are contingent fees prohibited?

Answer 10

1. When representing a defendant in a criminal case
2. In domestic relations cases if the fee is contingent upon securing a result; i.e. “past due” payment cases outside scope

Question 11

What happens if a lawyer is fired with cause before contingent fee is awarded?

Answer 11

Lawyer gets nothing

Question 12

What happens if a lawyer is fired without cause before contingent fee is awarded?

Answer 12

Lawyer entitled to a reasonable amount for services already rendered, but not until after the “contingency”

Question 13

What are the three requirements for lawyers in different firms to split a fee?

Answer 13

1. Division is in proportion to the services performed by each lawyer
2. Client agrees to the arrangement in writing
3. Total fee for all lawyers is reasonable

Question 14

What are the three instances in which a lawyer’s withdrawal from a case is mandatory?

Answer 14

1. Lawyer’s physical or mental disability impairs the lawyer’s ability to represent the client
2. Continued representation would result in a violation of the RPC or other alw
3. Lawyer is discharged by client

Question 15

Where a lawyer knows that a client expects assistance not permitted by the RPC or other law, what must the lawyer do?

Answer 15

Consult with the client about the legal limitations on the lawyer’s conduct

Question 16

When is a lawyer’s withdrawal from a case is permissive?

Answer 16

When there is good cause

Question 17

To withdraw from any case which is already in litigation, no matter the reason, what is required?

Answer 17

Court permission