ACR

Question 1

What decns belong to the CLIENT only?

Answer 1

Substantive legal import

1) Commence an action
2) Settlement
3) Accept a plea in a criminal case
4) Appeal or not
5) Jury or bench trial choice
6) Testifying in a criminal case

Question 2

What decns belong to the ATTY only?

Answer 2

Strategy, procedure, tactics

1) Discovery methods
2) Granting reasonable adjournments that do not prejudice the rights of a client

THUS

Run EVERY settlement by the client unless in writing that you can avoid certain sizes

For appeals, you have to ask the client and follow the client’s decision

Question 3

How does a lawyer handle client decnmaking when a client is a minor OR incapacitated?

Answer 3

Have a guardian appointed if:

1) Client has diminished capacity;
2) At the risk of substantial, physical, financial or other harm; AND
3) Clients cannot adequately act in their own interest

Question 4

What are the 4 circumstances under which a lawyer MUST withdraw?

Answer 4

1) KNOWS representation will result in violation of rules or law
2) Lawyer suffers physical or mental disability (including drug addiction)
3) Client fires lawyer
4) Lawyer KNOWS client is taking steps SOLELY to harass or malicious injure another

Question 5

What are the 9 circumstances under which a lawyer MAY withdraw?

Answer 5

CAFE CCPVD

1) Frivolous claim or defense are what client wants
2) Lawyer REASONABLY BELIEVES course of action is criminal or fraudulent
3) Client deliberately disregards an agreement or obligation to the lawyer as to EXPENSES/FEES
4) Client uses lawyer’s services to PERPETRATE CRIME or fraud (i.e. lawyer learned abt it AFTER rep started)
5) Lawyer’s continued involvement is LIKELY (vs. will) to result in the VIOLATION of a law or disciplinary rule
6) Lawyer’s inability to work with CO-COUNSEL indicates that the best interests of the client are served withdrawal
7) Client insists on taking action with which the lawyer has a FUNDAMENTAL DISAGREEMENT (narrowly defined)
8) Client fails to COOPERATE in the representation
9) Withdrawal can be accomplished WITHOUT MATERIAL ADVERSE EFFECT on the client

Question 6

What is the duty of competence AND its three prongs?

Answer 6

Lawyers should take only those cases that he or she is competent to handle

1) Physical or mental competence
2) Competent in the substantive law
3) Sufficient time to devote to the matter

NOTE: You can overcome a lack of competence by…

i) association with a competent lawyer; OR
ii) becoming competent in the area

Question 7

Can a lawyer limit the scope of representation?

Answer 7

Lawyer CAN limit the scope of the representation IF…

1) Limitation is reasonable; AND
2) Client gives informed consent

NOTE: May limit the scope of representation to a particular area of law (i.e., workers’ comp) as long as they explain that there might be other claims AND they get informed consent