Attorney/Client relationship& duties Flashcards
(18 cards)
How to council a client about the legality of a proposed action.
The lawyer can’t tell them how to engage in an illegal action, but can advise them about the legal consequenses of an action.
What is a prospective client?
Someone who consutlts w/ a lawyer about possibly forming a relationship
Do the rules about confidentiality and client info apply to prospective clients?
Yes, even without a client-lawyer relationship.
When may a lawyer limit the scope of the representation?
if the limitations are reasonable and the client gives informed consent
When can a lawyer withdraw from a case even if it would harm a client?
- Client continues to use their services in a way that the lawyer reasonably believes is fradulent or criminal
- The client has used the lawyer’s services to perpetrate a crime or fraud
- Client acts in a repugnant manner
- Client fails to fulfill an obligation & was given reasonable warnings
- Unreasonable finacial burden
- Good cause
When can a lawyer not represent a client?
- Representation violates RPC
- physical or mental condition materially impared lawyer’s ability
- lawyer is discharged
- Client wants to commit a crime
When can a lawyer withdraw?
When it can be done w/o material adverse effect on the interests of the client
What must a lawyer do after withdrawing?
protect a client’s interests
When can a lawyer withdraw from a court appointed position?
With court approval & good cause
When do fee agreements require a written engagement letter
When fees are contingent. The agreement must be written and signed by the client and explain how the contingent fee is calculated.
Client-lawyer contracts are modifyable unless…
made beyond a reasonable time after the representation has started, unless the lawyer can demonstrate that the modification was fair when made
What are the 6 C’s
- Client identification
- Competence
- Control
- Communication
- Confidentiality
- Conflicts of Interest
Things that can lead to accidental client-lawyer relationships
- Public Speeches (only offer general legal info and avoid specific directives)
- Advertising (only offer general legal info and avoid specific directives)
- E-Lawyering (Do not answer specific questions to anyone online. Do not post any legal advice online. Keep your lawyering off social media!)
Obligations to prospectice CLs
- Confidentiality (which may create disqualifying COIs). Your not conflicted if you don’t disclose anything that may harm your client’s position
- Safeguard property
- Reasonable care and competence to the extent the lawyer provides legal services/gives legal advice.
What does competant representation require?
legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation
Communication requirements
1) Anything for which clients informed consent in needed
2) Reasonably consult about the means to accomplish clients objectives
3) Reasonably inform client about status
4)Promptly comply w/ client s request for info
5) Limits set by RPC or other law
When can info be withheld from a client?
A lawyer may DELAY communicating info if they would likely react imprudently to an immediate communication.
When can a lawyer take easonably necessary protective action for a CL w/ diminished capacity
- the lawyer reasonably believes that the client has diminished capacity,
- is at risk of substantial physical, financial or other harm unless action is taken and
- cannot adequately act in the client’s own interest
