Formation, Termination, and Scope of a Lawyer-Client Relationship Flashcards
(21 cards)
How does a lawyer-client relationship arise?
(1) Express or implied agreement of the parties, or (2) a court’s appointment of a lawyer to represent a client
* Lawyers may generall refuse service to any person for any reason (and must do so if representation would result in violation of law or ethics rule)
How much pro bono work is required in VA?
None–at least 2% is encouraged but not required
When must a lawyer decline to take on representation or withdraw?
(1) Representation will result in a violation of rules of professional conduct or other law
(2) Lawyer’s physical or mental condition substantially impairs lawyer’s ability to represent the client
(3) Lawyer is discharged
When is withdrawal permissive?
If it can be accomplished without material adverse effect on the client’s interests, OR where there is good cause to do so
What are some examples of good cause to withdraw?
- Client has already used lawyer’s services to perpetrate crime or fraud
- Client fails to pay bills after reasonable warning that lawyer will withdraw if obligation not fulfilled
- Client insists on taking action lawyer considers repugnant or imprudent
When must a lawyer continue representation
In a court proceeding, counsel of record must not withdraw exccept by leave of court after complying with applicable notice requirements
What must a lawyer do when terminating representation?
Take steps to the extent reasonably practicable to protect a client’s interests, such as:
* Giving reasonable notice to the client
* Allowing time for employment of other counsel
* Refunding any unearned advance payments
What must an attorney do with a client’s documents?
Upon request by client and within a reasonable time, lawyer must return the following, irrespective of whether client has paid his bills:
1. Original documents that either (1) are legal instruments or (2) were provided by the client
2. Copies of all other documents from file that were not intended for use
What is a lawyer’s duty when a client insists on assistance for purposes of engaging in criminal or fraudulent conduct?
MAY:
(1) Explaing the legal consequences of proposed course of conduct (but must not recommend illegal conduct or instruct client on how to get away with it)
(2) Help client make good faith effort to test validity, scope, meaning or application of a law
May a lawyer expressly limit the scope of representation?
Yes–if the client consents after consultation
* Watch for conflicts with other rules–shouldn’t limit representation to point that your services aren’t competent
To whom does a lawyer owe duties when they represent an organization?
To the organization, and not the individuals associated with the organization
* Explain this whenever organization’s interests are adverse to those of the person at the organization with whom the lawyer is dealing
How may a lawyer protect an organization’s interests?
Proceed as reasonably necessary to protect organization’s interests
* Report the matter to a higher authority in the organization
* If the highest authority in the organization fails to act upon a clear violation of law that is likely to result in substantial injury to the organization, the lawyer may resign or decline to represent organization in the matter
How must a lawyer protect an organization’s interests with respect to securities?
Must report up and if all else fails, may disclose matter to SEC without client consent if reasonably necessary to prevent substantial injury to organization or its investors
What rules govern representing client with an impairment?
Must maintain normal lawyer-client relationship to the extent possible
* Permitted to take protective action if they reasonably believe that the client is at risk of substantial harm and cannot adequately protect themselves
What duties are owed to clients?
Competence, diligence, communication, confidentiality, and loyalty
Describe the duty of competence
Acting with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation
* If lawyer doesn’t know the law, must decline representation unless: (1) can learn it without undue expense or delay to client; or (2) consult with a lawyer who is competent in the area
Describe the duty of diligence
- Must act with reasonable diligence and promptness in representing a client
- Must not intentionally fail to carry out a contract of employment entered into with a client for professional services
- Must not intentionally prejudice or damage a client during the course of the professional relationship
What is the general duty of communication owed to a client?
A lawyer MUST:
* Explain the matter to the client to the extent necessary to permit the client to make informed decisions
* Inform the client of all facts pertinent to the matter and communications from another party that may significantly affect settlement or resolution of the matter
* Keep client reasonably informed about status of the matter, and promptly comply with all reasonable requests for information from the client
What must a lawyer do with plea bargain or settlement offers?
Notify client unless they previously indicated proposal would be acceptable or unacceptable or has authorized lawyer to accept or reject offer
When may a lawyer withold information from the client?
May delay transmission of information to a client if the client would be likely to react imprudently to an immediate communication
What does “informed consent” or “consent after consultation” mean?
Requires a lawyer to communicate adequate information and explain the risks and alternatives to a course of conduct
* VA GENERALLY ALLOWS THIS TO BE ORAL
