Attorney-Client Relationship

Question 1

Elements of Attorney-Client Privilege

Answer 1

1. Communication
2. In confidence
3. between privileged parties
4. For the purpose of seeking or obtaining legal advice

Question 2

Waiver of Attorney-Client Privilege

Answer 2

The client can waive the privilege by:

1. Sharing the info
2. Someone else is there for the conversation
   (–depends on why they were there; another attorney- no, a transcriptionist- no, a supportive friend/family- YES)
   –Also, waiver is up to the client

Question 3

Crime-Fraud Exception

Answer 3

If the client is seeking help w/ a crime or fraud, it is considered “not for the purpose of legal advice” and the comm. is not privileged.

1. Judged after the fact because clients might not know what is illegal or not
2. If the attorney says “that is illegal” and the client refrains, the communication stays privileged

Further notes:

-A lawyer is subject to discipline—as well as civil and criminal liability—for knowingly counseling or assisting the client in criminal or fraudulent conduct.

-However, a lawyer can discuss the legal
consequences of a proposed course of conduct and make a good-faith effort to determine the validity,
scope, and application of the law.

Question 4

A lawyer has no duty to accept the representation of any client except for:

Answer 4

Court appointments, which
must be accepted absent good cause.

Question 5

Good cause exists when:

Answer 5

(1) The representation is likely to result in a violation of the MRPC; or

(2) The client or the cause is so repugnant to the lawyer, it would likely impair the lawyer’s ability to
represent the client; or

(3) The representation would likely result in an unreasonable financial burden on the lawyer.

So the words to remember are:

(1) Violation

(2) Repugnant

(3) Financial burden

Question 6

The client-lawyer
relationship begins when:

Answer 6

The client reasonably believes the relationship exists—an explicit agreement
is not required.

Question 7

Unintentional formation:

Answer 7

(1) prospective client manifests intent

(2) lawyer fails to show lack of intent to be retained

(3) Prospective client relies on lawyer to their detriment

(4) Attorney-client relationship is formed

Question 8

Lawyers may limit the scope of representation, if:

Answer 8

1. Limitation is reasonable
2. Informed consent provided by client

Question 9

An agreement between a lawyer and a client is prohibited if:

Answer 9

1. It induces lawyer to curtail services
2. Cause lawyer to perform duties contrary to the client’s interest

Question 10

If there’s a client with diminished capacity:

Answer 10

-lawyer must maintain an ordinary lawyer-client relationship to the extent possible.

However, lawyer may:

1. Take reasonably necessary protective action (i.e. appoint a guardian or conservator); and
2. In an emergency when the client is threatened with imminent and irreparable harm, legal action to the
   extent necessary to avoid such harm. Emergency legal action is permitted, even if the person is unable
   to establish a client-lawyer relationship.

Question 11

“Mandatory withdrawal”-
A lawyer must withdraw when:

Answer 11

-The representation violates the MRPC or
other law

-The lawyer’s physical or mental condition
materially impairs representation or

-The lawyer is discharged by the client
(unless ordered by the court to continue
representation).

Question 12

“Permissive withdrawal”

Answer 12

A lawyer may generally withdraw for any reason
if there is no material harm to the client. But even if material harm would result, withdrawal is
permitted when:

-The client persists in a course of action
involving the lawyer’s services that the lawyer reasonably believes is criminal or
fraudulent

-The lawyer learns that the lawyer’s previous
services have been used by the client to
perpetrate a crime or fraud

-The client insists on a course of action that the lawyer finds repugnant or with which the lawyer
fundamentally disagrees

-The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services
(e.g., paying reasonable legal fees)

-The representation will result in unreasonable financial burden on the lawyer

-The client makes representation unreasonably difficult

Words to remember:

1. persists
2. Used to perpetrate
3. Repugnant
4. Fails to fulfill
5. Unreasonable financial burden
6. Unreasonably difficult

Question 13

Duties upon termination of lawyer

Answer 13

-Providing reasonable notice to the client

-Allowing time to employ other counsel

-Returning the client’s papers and property

-Refunding unearned fees

Question 14

The lawyer’s “actual authority” terminates once any of the following events occurs:

Answer 14

-Client discharges the lawyer

-Client dies or loses capacity to function as an entity

-The lawyer withdraws or is ordered by a tribunal to cease representing a client

-The lawyer dies, becomes incapacitated, or is disbarred or suspended from practicing law

-The representation ends via contract or because contemplated services are complete

Question 15

The lawyer’s apparent authority continues until:

Answer 15

An affected third person has enough
information to put a reasonable person on notice that inquiry into the lawyer’s authority is appropriate.