Creating/Ending LC Relationship

Question 1

Restatement 14 Basic Standard for Creation of LC Relationship

Answer 1

LC arises when:

(a) a person manifests intent that the lawyer provide legal services for the person AND either (1) the lawyer manifests to the person consent to do so OR (2) lawyer fails to manifest lack of consent to do so and lawyer knows or reasonably should know that the person reasonably relies on the lawyer to provide services
(b) a tribunal with power to do so appoints the lawyer to provide services

NOTE:
US approach - lawyers usually have discretion to accept/reject client
UK approach - requires barristers to accept every client

Question 2

How can LC relationship form? (generally and sometimes)

Answer 2

Generally with express retainer or engagement letter but sometimes is formed inadvertently

Question 3

Organizations as Clients (R.1.13)

Answer 3

Lawyers represent the organization, not the members/individuals of organization

Question 4

Exceptions to Required Appointment (R.6.2)

Answer 4

(a) representation likely to result in violation of Rules of Professional Conduct/other law
(b) representation likely to result in unreasonable financial burden on the lawyer
(c) the client/cause is so repugnant to the lawyer as to impair the LC relationship/lawyer’s ability to represent client

Generally comes up with (1) court appointments, or (2) discrimination

Question 5

Duty to Reject Certain Cases (R.1.16(a)-(b))

Answer 5

Rejection”
(a) if representation will result in violation of Professional Conduct rules or other law

(b) the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client, or
(c) the lawyer is discharged

Withdrawal/Termination
(a) if withdrawal can be done without material adverse effect on interests of the client

(b) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonably warning that the lawyer will withdrawal unless they comply
(c) other good cause for withdrawal exists

Question 6

How to Counsel Client on Gray Areas (R.1.2(d))

Answer 6

CANNOT counsel a client to engage or assist a client in conduct that the lawyer knows is criminal or fraudulent

CAN discuss the legal consequences of any proposed course of conduct and may counsel or assist a client to make a good faith effort to determine scope, meaning, or application of the law

Question 7

Is representation an endorsement? (R.1.2(b))

Answer 7

No, it is not

Question 8

Who has the right to end LC relationship?

Answer 8

Both the lawyer and the client have the right BUT the burden is of the lawyer to prove that it has ended when it’s ambiguous

Question 9

Notice/Permission regarding termination (R.1.16(c))

Answer 9

This preempts denial/withdrawal (if court rejects, then must represent)

Lawyer must comply with the applicable law requiring notice/permission