creating the atty client relationship Flashcards

1
Q

is there a duty to accept representation from everyone?

A

no

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2
Q

when can you reject representation

A

if relationship will violate ethics or law

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3
Q

when does representation start

A

client reasonably believes atty has been undertaken to provide legal advice

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4
Q

fees

A

reasonable

atty must adequately explain fee

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5
Q

contingent fees

A

in writing

signed by client

explain how its broken down

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6
Q

what must a client do after a case with contingent fees?

A

provide writing explaining outcome and breakdown of fees

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7
Q

when are contingent fees not allowed

A

criminal

dom rel

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8
Q

fiduciary duties owed to client

A

good faith
care
tell the truth
look after $ or property

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9
Q

how does a atty handle client $

A

seperate trust acct
maintain records
no commingling

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10
Q

what must a client do when they get $ for the client?

A

promptly pay them and acct for it

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11
Q

what is the duty regarding legal knowledge

A

competence

knowledge, skill, and preparation reasonably necessary

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12
Q

can I take a case if im not well verse in the area?

A

yes if i acquire necessary skill after the fact w/ reasonable diligence

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13
Q

can i rep someone in an emergency without appropriate competence?

A

yes

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14
Q

duty to be timely in helping client

A

diligence

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15
Q

what are not excuses for dilgence

A

taking vacation

short staffed

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16
Q

do i have to keep my client informed?

A

yes

duty of communication

reasonably informed on status, respond to client requests for communications

17
Q

name most important duties during relationship

A

competence
diligence
communcation

18
Q

when must atty withdraw from relationship

A

rep will violate ethics or law
atty physical or metnal health impaired
atty discharged

19
Q

atty duties upon termination of relationship

A

take reasonable measures to minimize client harm

return unearned fees

return client papers

20
Q

can i make an agreement with client to limit malpractice?

A

no