L-C Relationship Flashcards
How is a lawyer-client relationship formed?
Typically contractual: express (signed retainer) or implied-in-fact (conduct).
Can also arise from court appointment or unintended conduct.
Determination based on objective evidence and reasonable expectations.
What duties arise once a lawyer-client relationship forms?
Fiduciary duties arise.
Lawyer must act on behalf of client or clearly decline representation.
What are quasi-clients and duties without formal relationships?
Courts may imply a relationship if client relied on lawyer’s advice to their detriment.
Example: Togstad case.
What is the difference between legal advice and legal information?
Legal Advice: Specific to facts; intended to influence action; higher risk.
Legal Information: General, non-specific guidance; less liability.
How can internet and social media communications create a lawyer-client relationship?
Inviting legal questions online may create a relationship if a reasonable person expects confidentiality.
Example: Barton v. U.S. Dist. Ct. (9th Cir. 2005).
What defines a lawyer-client relationship if no formal agreement exists?
Objective evidence of conduct and reasonable expectations.
Duty of care may arise even without a written agreement.
What is the Bottom Line Rule for when a duty arises?
Duty may arise if:
(1) Person seeks legal help,
(2) Related to lawyer’s field,
(3) Lawyer gives advice or creates belief of representation,
(4) Detrimental reliance or negligent advice is given.
When can a lawyer decline or terminate representation?
Ethically permitted to decline or terminate for various reasons, including lack of competence in a field.
What is the rule about discrimination under Model Rule 8.4(g)?
Professional misconduct to engage in discriminatory conduct.
Covers interactions beyond court settings.
Does not restrict public commentary.
How does California Rule 8.4.1 differ from the Model Rule on discrimination?
CA Rule prohibits discrimination specifically in representing, terminating, or refusing clients based on protected characteristics.
What are the pro bono expectations under Model Rule 6.1?
50 hours/year is aspirational, not mandatory.
What are California’s pro bono expectations compared to the Model Rule?
No mandatory requirement.
Cal. Bus. & Prof. Code §6068(h): aspirational.
§6072: good faith pro bono effort required for firms contracting with the state.
