Competency and Other Common Sense Duties to your Client

Question 1

What is the duty of competence?

Answer 1

You have a duty to render competent service to your client. If you don’t, you are subject to (a) discipline by the bar, (b) disqualification in a litigated matter, (c) civil malpractice liability.

Question 2

What is competence?

Answer 2

Using the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Question 3

What if you don’t know the relevant law well in a case you wish to take on?

Answer 3

you cannot take on the matter unless you learn it without undue expense or delay, or you associate with a lawyer competent in the area.

Question 4

What are the duties you owe your client regarding competence?

Answer 4

Duty of competence, duty of diligence, duty to communicate

Question 5

What is the duty of diligence?

Answer 5

You have a duty to diligently, promptly, and zealously pursue your case to completion

Question 6

What is the duty to communicate?

Answer 6

You have a duty to keep your client informed about the case, including settlement offers and answering client communications.

Question 7

What if a settlement offer is made to joint clients?

Answer 7

You must convey the offer to all and be sure they agree on the division of the settlement before accepting.

Question 8

Are you allowed to accept or reject any case?

Answer 8

Yes, a lawyer is not a bus.

Question 9

What cases should you accept?

Answer 9

You should accept, as part of your duty to the public and profession: (a) the case of the defenseless or oppressed “if your only reason to refuse is selfish”, and (b) a fair share of work without charge

Question 10

What cases must you reject?

Answer 10

Any case that would violate a law or ethical rule to take it. Typical problems are if you are not in the physical or mental shape to take the case (violating the duty of competence to the client)

Question 11

Who makes the decisions regarding how to pursue the case?

Answer 11

The client makes decisions about her substantive rights (e.g. whether to testify, accept a settlement). The lawyer makes decisions on legal strategy.

Question 12

Does representation include assisting a client in committing crimes?

Answer 12

No!

Question 13

When is withdrawal mandatory?

Answer 13

If you are fired or if continuing would violate a law or ethical rule.

Question 14

When is withdrawal permissive?

Answer 14

You may withdraw from a case if you convince the court there is good cause, and your withdrawal will not cause undue delay or disruption. Recognized causes: a client acting illegally, his insistence on actions you find “repugnant” or imprudent.

ABA also recognizes that withdrawal is permissive if continued representation will result in an unreasonable financial burden, or when the client substantially fails to fulfill an obligation to you after being warned

CA allows withdrawal if your client breaches fee or expense agreement.

Question 15

What is the procedure for withdrawal?

Answer 15

1. Provide timely notice to the client, and
2. You must also promptly return
   a. any unspent fee and expense advance
   b. all property and material papers of the client. Include everything needed to pursue the case, even your work product. CA forbids holding your client’s materials as hostage to get paid nucka

Question 16

What is the catch all duty?

Answer 16

To be reasonable and sensible. On the bar, at end of an answer reread the problem and look for issues that “stink” and can use this duty.

Question 17

Does the ABA prohibit sexual relationship with a client?

Answer 17

Yes, unless you had a preexisting sexual relationship. CA will allow for new relations with a shit load of cautions (such as do not rape her, do not use sex as payment, etc.)