The Lawyer Client Relationship

Question 1

Whether a client-lawyer relationship exists is determined through principles of substantive law. The existence of a client-lawyer relationship for any specific purpose may be a question of?

Answer 1

a question of fact and depend on the circumstances.

Question 2

T or F Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so.

Answer 2

True

Question 3

When forming a client-lawyer relationship, there is no prerequisite that a lawyer share or endorse the client’s political, economic, social, or moral views or activities. However, a lawyer may not represent a client if:

Answer 3

(1) the representation would violate the Rules or other law; or
(2) the lawyer’s physical or mental condition would materially impair the lawyer’s ability to represent the client.

Question 4

A lawyer should not accept representation in a matter unless

Answer 4

unless it can be performed competently, promptly, without improper conflict of interest, and to completion.

Question 5

The client decides the objectives of the representation. These may include:
1. what in a civil case?

2. What in a criminal case?

Answer 5

(1) in a civil case, whether to settle the matter; and
(2) in a criminal case (after consulting with the lawyer), whether to enter a plea, whether to waive a jury trial, and whether the client will testify.

Question 6

The lawyer ordinarily has the right to determine the technical and legal tactical means by which the objectives of the relationship will be pursued, but he has the obligation

Answer 6

to consult with the client concerning those means.

Question 7

T or F a lawyer will generally defer to the client questions about the expense to be incurred and concern for third persons who might be adversely affected.

Answer 7

True

Question 8

what should happen if the lawyer and the client disagree?

What could/should happen if the disagreement cannot be resolved?

Answer 8

Where a client and lawyer disagree, the lawyer should consult with the client to seek a mutually acceptable resolution.

If resolution efforts are unavailing and the lawyer has a fundamental disagreement with the client, the lawyer may withdraw from the representation, or the client may resolve the disagreement by discharging the lawyer.

Question 9

T or F The client-lawyer relationship is contractual in nature: the client is the principal, and the attorney is the agent. Therefore, the client has the ultimate authority to determine the purposes to be served by the representation.

Answer 9

True

Question 10

The lawyer must consult with the client as required by the Rules and may take such action as is ________ authorized to carry out the representation.

Answer 10

impliedly

Question 11

When a client has diminished capacity to make decisions regarding the representation because of minority, mental impairment, or other reason, the lawyer should

Answer 11

strive to maintain a normal client- lawyer relationship with the client as far as reasonably possible.

Question 12

For a client with diminished capacity, the lawyer has the

Answer 12

The lawyer has the same obligation to treat the client with attention and respect and should, as far as possible,

accord the represented person the status of client, particularly in maintaining communication.

Question 13

T or F The lawyer may take reasonably necessary protective action, including consulting with others who have the ability to take action to protect the client or seeking the appointment of a guardian ad litem, conservator, or guardian.

under what circumstances?

Answer 13

True

when the lawyer reasonably believes when the lawyer reasonably believes that the client has diminished capacity and cannot adequately act in the client’s own interests.

Question 14

T or F If the lawyer seeks the appointment of a legal representative for the client, the lawyer is NOT impliedly authorized to make the necessary disclosures, even when the client directs the lawyer to the contrary.

Answer 14

False the lawyer is impliedly authorized to make the necessary disclosures even when the client directs the lawyer to the contrary

Question 15

T or F The fact that the client uses the lawyer’s advice in a criminal or fraudulent course of conduct does not make the lawyer a party to the course of action, as long as the lawyer has not assisted the client in committing the crime or fraud.

Answer 15

True

Question 16

A lawyer may not continue assisting a client in conduct that the lawyer originally believed to be legally proper but then discovers is criminal or fraudulent. So what must the lawyer do?

Answer 16

The lawyer must withdraw from the representation of the client.

Question 17

The lawyer is not permitted to reveal the client’s wrongdoing, except where permitted by rules regarding confidential information. However, the lawyer is required to

Answer 17

lawyer is required to avoid furthering the purpose, for example, by suggesting how it might be concealed.

Question 18

It is possible that withdrawal alone to prevent the lawyer from furthering the criminal act may be insufficient. So what must the lawyer do?

Answer 18

It may be necessary for the lawyer to give notice of withdrawal and disaffirm any opinion, document, or affirmation that was unknowingly put forth by the lawyer in the belief that they were legally proper.

Question 19

A lawyer’s representation of a client ordinarily continues until the completion of the matter; however, there are two types of premature termination of the relationship:

hint types of withdrawal

Answer 19

mandatory and optional withdrawal

Question 20

If a client’s matter is pending litigation what may be necessary for the lawyer to withdraw should the need arise?

Answer 20

The court’s approval or notice will likely be required before termination if the lawyer is representing the client in pending litigation.

Question 21

Upon termination of representation, what must the lawyer do to protect the clients’ interests?

Answer 21

(1) The lawyer must give the client reasonable notice and time to retain other counsel.
(2) The lawyer must also return client papers and any unearned portion of prepaid fees. However, the lawyer may retain papers as security for a fee only to the extent permitted by law.

Question 22

The lawyer’s duty of confidentiality continues after withdrawal. If a lawyer is asked by the court to explain a withdrawal that is based on the client’s insistence on the performance of fraudulent conduct, the lawyer should?

Answer 22

merely state that professional considerations or an irreconcilable conflict with the client requires termination of employment.

Question 23

T or F The attorney-client relationship is terminable at will by the client, with or without cause, subject to liability for payment for the lawyer’s services.

Answer 23

True

Question 24

T or F If a client discharges appointed counsel, the appointing authority may decide that a successor appointment is unjustified, leaving the client to represent himself.

Answer 24

True and the client must be warned

Question 25

A lawyer must withdraw from the representation of a client when:

Answer 25

* the representation will result in violation of the law or the Rules; * the lawyer’s physical or mental condition materially impairs his ability to represent the client; or * the lawyer is discharged.

Question 26

A lawyer may withdraw from the representation of a client when? 6 things

Answer 26

* withdrawal can be accomplished without material adverse effect on the interests of the client; * the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is a criminal or fraudulent course of action; * the client has used the lawyer’s services to perpetrate a crime or fraud; * the client insists upon taking action that the lawyer considers repugnant or with which the lawyer fundamentally disagrees; * the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services (e.g., fees) and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; * the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or * other good cause for withdrawal exists.

Question 27

A lawyer or a law firm may sell or buy a law practice, or an area of a law practice, including goodwill, as long as 3 conditions are met.

Answer 27

(1) the seller ceases all private practice of law, or will no longer practice law in the same geographical and/or substantive area; (2) the entire practice, or an entire area of the practice, is sold to one or more lawyer(s) or group(s); and (3) the seller notifies all clients in a writing that includes the proposed sale, the client’s right to obtain other counsel or take possession of his file, and notice that the client’s consent to the transfer of representation will be presumed if the client does not take any action or object within 90 days of receipt of the notice.

Question 28

T or F a client's fees can increase as a result of a sale of a law practice

Answer 28

False

Question 29

In communicating with clients what is the lawyer obligated to do?

Answer 29

(1) keep the client promptly informed of any decision or circumstance to which the client must provide informed consent; (2) reasonably consult with the client about means by which to accomplish the client’s objectives; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any limitations of the lawyer’s conduct when the lawyer is aware that the client expects assistance not authorized by the Rules.

Question 30

A lawyer must explain a matter to the extent

Answer 30

the extent reasonably necessary to permit the client to make informed decisions about the representation.

Question 31

In some circumstances, a lawyer may be justified in delaying transmission of information when... However, a lawyer may not withhold information from the client to

Answer 31

client would be likely to react imprudently to an immediate communication (e.g., when disclosing a psychiatric diagnosis of a client would harm the client). However, a lawyer may not withhold informa tion to serve the interest or convenience of the lawyer.

Question 32

A lawyer shall not agree to, charge, or collect an unreasonable fee. What are the factors to consider in terms of whether the fee is reasonable

Answer 32

1. the lawyer’s experience, reputation, and ability; and 2. the likelihood that acceptance of this representation will preclude the lawyer from accepting other employment; 3. the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; 4. the customary fee in the locale for this kind of work; 5. the amount involved and results obtained; 6. the time limitations imposed by the client or by the circumstances; 7. the nature and length of the professional relationship with the client; 8. whether the fee is fixed or contingent.

Question 33

What is a lawyer obligated to explain to a client regarding the fees charged for representation?

Answer 33

A lawyer must explain to new clients the fee and how it will be calculated, preferably in writing, before or within a reasonable time after the representation begins. The lawyer must also promptly communicate any fee changes to the client.

Question 34

What is a contingent fee? What are the requirements for a contingent fee agreement?

Answer 34

A contingent fee requires the client to pay a fee (or a bonus) only if there is a favorable outcome. A contingent fee agreement must be in writing, signed by the client, and state: (1) the method by which the fee is to be determined; (2) the expenses and costs to be deducted from the recovery and whether such expenses are to be deducted before or after the calculation of the fee; and (3) the expenses for which the client will be liable whether or not the client is the prevailing party.

Question 35

Upon conclusion of a contingent fee matter, the lawyer must provide the client with a

Answer 35

with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

Question 36

When are contingent fees not permitted?

Answer 36

Contingent fees are not permitted in domestic relations matters when the contingency is based on the securing of a divorce, the amount of alimony or support, or the amount of a property settlement. Con- tingent fees are also not permitted when the lawyer is representing a defendant in a criminal case.

Question 37

T or F A lawyer may advance court costs and other expenses of litigation, the repayment of which may be contingent on the outcome of the matter. Under such an arrangement, if the client loses the case, the lawyer absorbs the costs and expenses.

Answer 37

True

Question 38

A fee can be divided between lawyers who are not in the same firm if:

Answer 38

(1) the lawyers either assume joint responsibility for the representation or the division is in proportion to the services performed by each lawyer; (2) the client agrees to the arrangement in writing; and (3) the total fee is reasonable.

Question 39

A lawyer should not enter into an agreement whereby services are to be provided only up to a stated amount when it is foreseeable that more extensive services would likely be required, unless

Answer 39

unless he adequately explains the situation to the client.

Question 40

A modification of a fee agreement during the course of the representation presumptively shows fraud by the attorney, unless

Answer 40

the client consents to the change based on full disclosure and adequate consideration.

Question 41

T or F A lawyer may collect a fee in advance in the form of a retainer, but unless the advance payment is a true retainer to reserve services, the lawyer must return any unearned portion.

Answer 41

True

Question 42

If a lawyer, by agreeing to represent a client, has foreclosed himself from other valuable legal work, then he has the right to ask for a nonrefundable retainer. This arrangement is reasonable as long as

Answer 42

the attorney clearly explains to the client that the retainer is nonrefundable.

Question 43

A lawyer may receive property as a payment for services, as long as the payment does not involve

Answer 43

acquisition of a proprietary interest in the cause of action or subject matter of the litigation.

Question 44

a fee paid in property may be subject to additional scrutiny because?

Answer 44

such fees have the essential qualities of a business transaction with the client.

Question 45

T or F a lawyer is not required to provide a written fee agreement. What must the lawyer communicate to the client concerning fees?

Answer 45

True The scope of the representation and the basis or rate of fees and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation