5) Termination + scope of rep

Question 1

mandatory withdrawal: CA only

Answer 1

1) must withdraw if knows or reasoanbly should know that C is bringing action (or position/defense/appeal) w/o probable cause, for purpose of harrassing or maliciously injuring (not in MR)

Question 2

mandatory withdrawal: CA + MR

Answer 2

• -L knows (should) that will violate CRPC or state bar act
• -L’s mental/phys condition makes it unreasonably difficult to do the rep effectively, or
• -C fires L

BUT NEED COURT’S PERMISSION

Question 3

C right to discharge L: CA

Answer 3

C has right, but may be denied if L has interest in subject matter of litigation

“interest” in getting hourly or contingent fees not enough

Question 4

permissive withdrawal: CA

Answer 4

1) C insists on presenting claim/defense not warranted under existing law (+ no good faith argument to extend)
2) C wants crime/fraud
3) C insists L do crime/fraud
4) C makes it unreasoanbly difficult for L to rep
5) C breaches agreement/obligation to L and L has warned that withdrawal will follow
6) C consents
7) problems w cocounsel
8) L’s mental/phys condition
9) continued rep likely to violate CRPC or state bar act, or
10) L believes court will find other good cause

Question 5

permissive withdrawal: MR

Answer 5

1) can do w/o material adverse effect on C’s interests
2) C persists in course of action involving L’s services that L reasonably believes is crime/fraud
3) past crime/fraud w L services
4) C insists on action that L considers repugnant
5) C fails to substantially fulfill obligation to L re L’s services + has been warned
6) unreasonably financial burden/difficulty for L
7) other good cause

Question 6

permissive withdrawal: CA: doubting C

Answer 6

if doubt C’s credibility should question closely and, if questions persist, withdraw

Question 7

responsibilities of withdrawing L: CA + MR

Answer 7

1) reasonable steps to protect C (enough time/notice, give docs back, give unearned fees back)

Question 8

responsibilities of withdrawing L in a contingency case: CA

Answer 8

no claim on any eventual recovery

Question 9

scope/objective/means of rep: CA + MR

Answer 9

• -consult w C
• -abide by C’s decs re means + goals
• -impliedly authorized actions on behalf of C
• -must abide by C’s dec re settlement (crim: plea/waive jury/D testify)

Question 10

communication w C: CA + MR – must tell

Answer 10

must promptly communicate any written settlement offers or plea bargains

Question 11

communication w C: CA + MR: general

Answer 11

L must promptly inform C of any dec where need informed consent

• -reasonably consult w C re means
• -keep C reasonably informed re significant developments including reasonable requests for info
• -tell C re limits on L’s conduct if C wants something illegal
• -explain to C to extent nec for C to make informed decs
• -may delay communicating info if L reasonably beleives C likely to cause imminent harm to C or others
• -if dnh professional liability insurance must inform C in writing

Question 12

talking w C re crime/fraud: CA + MR

Answer 12

may not counsel C to engage in, or assist C with, conduct L knows is crime/fraud

but ok to tell C consequences