The Lawyer Client Relationship

Question 1

As soon as a potential client beings talking to a lawyer that lawyer owes to the client

Answer 1

1) A duty of confidentiality
2) A duty to avoid COI

Question 2

The lawyer client relationship formally beings when

Answer 2

A client reasonably believes that the lawyer has undertaken to provide the client with some legal service

Question 3

A lawyer’s fees must be

Answer 3

reasonable

Question 4

Generally, a written contract setting the fee is not required except for

Answer 4

1) Contingent fees
2) Fee Sharing

Question 5

A lawyer cannot charge a contingent fee in

Answer 5

1) Criminal cases; or
2) Domestic Relations cases

Question 6

When a contingent fee is permitted it must be

Answer 6

1) in Writing AND signed by the client
2) Explain how the fee will be calculated and how deductions for expenses will be calculated; and
3) The lawyer must provide an ending statement in writing to the client explaining the outcome of the matter and providing the clear calculation of fees and expenses

Question 7

Fee sharing is permitted among

Answer 7

lawyers in the same firm

Question 8

When lawyers share fees with lawyers who are not in the firm, fee sharing is only permitted if:

Answer 8

1) The total fee is reasonable
2) the client agrees to the arrangement
3) The arrangement is made before the services are rendered
4) The Agreement is confirmed in writing

Question 9

Fee Sharing is not permitted

Answer 9

with non lawyers

Question 10

Lawyers cannot enter into multidisciplinary

Answer 10

practices with non lawyers

Question 11

A lawyer owes the fiduciary duties of

Answer 11

good faith, candor, and care in managing the client’s interests

Question 12

Lawyers must maintain client trust accounts and safety deposit boxes for the safe keeping of client property

Answer 12

1) in the state where the practice and
2) must maintain good accounting records for later examination

Question 13

Lawyers must keep their own property

Answer 13

completely separate from client money and property. A lawyer cannot commingle any funds (even office funds) with clients account

Question 14

Only whose money be may in a clients trust account ?

Answer 14

The clients

Question 15

When a lawyer receives property of another that actually belongs to the client (getting money for sale of clients house) the lawyer must

Answer 15

promptly delivery that property and provide an accounting upon request, unless otherwise agreed upon.

Question 16

A lawyer must be competent which means

Answer 16

He possess the “legal knowledge, skill, thoroughness and preparation necessary for the representation”

Question 17

A lawyer does not need to know the law governing the client’s case before undertaking representation so long as

Answer 17

The lawyer will be able to acquire the necessary knowledge with reasonable diligence

Question 18

In an emergency, a lawyer may provide limited assistance in a matter in which would ordinarily require further research But

Answer 18

The lawyer must limit the service to what is necessary under the circumstances

Question 19

A lawyer owes the client a duty of diligence which

Answer 19

requires them to be timely, ordinary events like traffic will not excuse a lawyer’s duty to be diligent

Question 20

A lawyer’s Duty to Communicate requires

Answer 20

The the lawyer keep a client informed about the status of a matter and respond to reasonable requests for information

Question 21

Lawyer’s and clients share

Answer 21

decision making responsibility. A client agrees to the scope of the representation and the lawyer determines the best means to achieve the goal

Question 22

A lawyer is prohibited form helping his client

Answer 22

commit crimes of fraud

Question 23

A lawyer is required to withdraw from a case when

Answer 23

1) Continued representation will violate ethics rules or law
2) When the lawyer’s physical/mental health is impaired
3) The lawyer is fired

Question 24

Generally, A lawyer is allowed to withdraw from a case when

Answer 24

Withdrawal can be effected without any material, adverse effect to the client

Question 25

Even when withdrawal would harm the client the lawyer can withdraw if

Answer 25

1) Client persist in a course of action involving the lawyers services that the lawyer reasonably believes is illegal

2) The client used the Lawyer’s services in the past to commit a crime or fraud

3) Client actions that are repugnant

4) Client’s failure to meet obligations after a warning/ unreasonably difficult to work with

5) undue financial burden

6) other good cause

Question 26

When seeking to withdraw once litigation is pending a lawyer

Answer 26

must seek the court’s permission to withdraw

Question 27

The 3 duties a lawyer owes a client after termination is

Answer 27

1) minimize harm upon termination
2) Return any unearned fee
3) Return papers belonging to the client
(lawyer is still entitled to earned fees)