Lawyer Client Relationship

Front 1

Ways a Attorney Client Can be Created (3)

Back 1

(1) Agreement: A person manifests an intent that the lawyer provide legal services and the lawyer AGREES.
(2) Reasonable Reliance: A person manifests an intent to have the lawyer represent him, the lawyer fails to make clear that he does not want to undertake the representation, and the lawyer knows or should have known that the prospective client is REASONABLY RELYING on the lawyer to provide the services; OR
(3) Appointment: A tribunal appoints a lawyer to represent a client.

Front 2

Ways a client can avoid a court appointed client

Back 2

(1) Violation of law or disciplinary rule (6.2(a))
(2) Unreasonable financial burden (6.2(b))
(3) Personal inability to represent client effectively (6.2(c)):

Front 3

Violation of law or disciplinary rule (Ways a lawyer can avoid a court appointed client)

Back 3

A lawyer must decline a court appointment if to accept it would require the lawyer to violate a law or disciplinary rule.

Front 4

Unreasonable financial burden (Ways a lawyer can avoid a court appointed client)

Back 4

A lawyer may seek to be excused from an appointment if to accept it would impose an unreasonable financial burden on the lawyer.

Front 5

Personal inability to represent client effectively (Ways a lawyer can avoid a court appointed client)

Back 5

A Lawyer may seek to be excused from a court appointment if the lawyer finds the client or the cause is repugnant that the lawyer-client relationship would be impaired or the lawyer could not represent the client effectively.

Front 6

When there is a Duty to Reject a case (5)

Back 6

(1) Client’s Motive is Harassment (4.4(a)):
(2) Unsupportable Factual or Legal Position (3.1):
(3) Lawyer not competent (1.1):
(4) Strong Personal Feelings (1.16(a)(1); 1.7(a)(2)):
(5) Impaired Mental or Physical Condition (1.16(a)(2)):

Front 7

Client’s Motive is Harassment (When there is a Duty to Reject a case)

Back 7

A lawyer must reject any case where he believes the motivation behind bringing an action, conducting a defense, asserting a position, or taking other steps is to harass or maliciously injure any person.

Front 8

Unsupportable Factual or Legal Position (3.1) (When there is a Duty to Reject a case)

Back 8

A lawyer who is serving as an advocate cannot take a position that is factually or legally frivolous.

Front 9

Frivolous - Unsupportable Factual or Legal Position (3.1) (When there is a Duty to Reject a case)

Back 9

A position is not Frivolous if:
 The lawyer can make a good faith argument that the facts are as claimed or that the present law should be changed
 Merely because the lawyer does not have all the facts at hand at the outset, but expects to develop them during discovery.
 In a criminal case the lawyer may defend his client to the extent allowed by constitutional law even if the defense would otherwise violate the rule.

Front 10

Lawyer not competent (When there is a Duty to Reject a case)

Back 10

A lawyer must reject a case if they are too busy or too inexperienced to handle the matter competently.

Front 11

Strong Personal Feelings (1.16(a)(1); 1.7(a)(2)) (When there is a Duty to Reject a case)

Back 11

If a lawyer’s personal feelings about a case are so strong that they would impair their ability to effectively represent the client they must refuse the case.

Front 12

Impaired Mental or Physical Condition (1.16(a)(2)) (When there is a Duty to Reject a case)

Back 12

must decline a case if the lawyer’s mental or physical condition would impair their ability to represent the client.

Front 13

Duties to Prospective Clients (3)

Back 13

When someone discusses the possibility of forming a lawyer-client relationship, even if no relation ship ensues, the lawyer has a duty to:
(1) Protect the prospective client’s confidential information, including declining to represent other clients in the same or related matter if the confidential information would be harmful to the prospective client.
(2) Protect any property the prospective client has given to the lawyer
(3) Use reasonable care in giving any legal advice, such as whether the claim has merit, whether conflicts of interest exist, and when the action must be commenced.

Front 14

Unpopular Cases

Back 14

(6.2 comment1): Lawyers have an ethical obligation to make legal service available to all who need it. A lawyer can fulfill this obligation by accepting a FAIR SHARE of unpopular maters or indigent or unpopular clients.

Front 15

Agreeing to a fee (2)

Back 15

When a lawyer has not regularly represented the client, the basis or rate of the fee (including expenses) must be:
(1) Communicated to the client: Preferably in writing.
(2) Within a reasonable time after commencing the representation

Front 16

Reasonableness of a Fee (9)

Back 16

(1) Time and labor required
(2) Novelty and difficulty of the questions involved
(3) Skill required to perform legal services properly
(4) Likelihood that work for this client will preclude the lawyer from doing fee-paying work for others
(5) Fee customarily charged in the locality for similar legal work
(6) Amount at stake and the results obtained for the client
(7) Time limitations imposed by the client or circumstances
(8) Nature and length of the relationship between the lawyer and the client
(9) Experience, reputation, and ability of the lawyer

Front 17

Payment in advance

Back 17

A lawyer can require they are paid in advance, but must refund any unearned part of the advance if fired or withdraws.
Note: Different from a retainer

Front 18

Property for services

Back 18

A lawyer may accept property for services (e.g. ownership in a business), as long as it does not involve a proprietary interest in the cause of action or subject of litigation contrary to 1.8(i).

Front 19

Cutting off services

Back 19

A lawyer may not make a fee agreement that could curtail services in the middle of the relationship and this but the client at a bargaining disadvantage.

Front 20

When are Contingency fees Prohibited (3)

Back 20

1) Criminal Cases
2) Domestic Relations Cases
3) When unreasonable

Front 21

Criminal cases rationale (prohibited contingency fees)

Back 21

Since these are all or nothing, it may keep a lawyer from accepting or reccomending a plea deal.

Front 22

Domestic Relations cases rationale (prohibited contingency fees)

Back 22

Would discourage settlement

Front 23

Reasonableness (prohibited contingency fees)

Back 23

Must be reasonable in amount. Lawyer may not use a contingent fee when the facts of the case make it unreasonable to do so.

Front 24

Contingency Fee Writing Req. (6)

Back 24

1) Must be in writing SIGNED by the client. Must state:
2) How the fee is to be calculated: Including the percentage the lawyer will get if the case is settled before trual, won after trial, or won after appeal.
3) What litigation and other expenses are to be deducted from the recovery
4) Whether deductions for expenses will be made before or after the contingent fee is calculated
5) What expenses the client must pay, whether or not they win the case
6) At the end of the case: Lawyer must give the client a written statement showing the outcome of the case, the remittance to the client, and how the remittance was calculated

Front 25

Fee Disputes

Back 25

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Front 26

What Determines the Scope of Representation (2)

Back 26

1) Agreement: The scope and objectives of representation may be defined and limited by the agreement. Must be SET OUT IN WRITING
2) Impliedly Authorized: A lawyer may take actions that are impliedly authorized to carry out representation.

Front 27

Fraud/Illegality (Scope of Representation)

Back 27

A lawyer must not advise or assist a client to commit a crime or fraud. But they can discuss the legal consequences of a proposed course of action with the client.

Front 28

Decisions to be made by client (12(a)) (5)

Back 28

(1) Settlement offer: Whether to accept a settlement offer
(2) Plea: What plea to enter
(3) Waiver of jury trial
(4) Testify: Whether the client will testify in a criminal case
(5) Appeal: Whether to appeal

Front 29

Lawyer limiting their responsibility and authority (1.2(c))

Back 29

A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances, and if the client gives informed consent.

Front 30

Options for Disagreements between Lawyer and client (3)

Back 30

(1) Defer to lawyer: About issues of law, tactics, and strategy
(2) Defer to client: about expense, and concern for third parties who might be affected by a legal tactic.
(3) Unresolvable differences: If clients and lawyers try and cannot resolve their differences, then the lawyer may withdraw, or the client may fire them

Front 31

Defer to lawyer (Disagreements between Lawyer and client) (3)

Back 31

About issues of
1) law,
2) tactics, and
3) strategy

Front 32

Defer to Client (Disagreements between Lawyer and client) (2)

Back 32

about
1) expense, and
2) concern for third parties who might be affected by a legal tactic.

Front 33

Options for Unresolvable differences (Disagreements between Lawyer and client)

Back 33

If clients and lawyers try and cannot resolve their differences, then
1) the lawyer may withdraw, or
2) the client may fire them

Front 34

Required Withdrawal of Lawyer (3)

Back 34

(1) Future illegality
(2) Discovering a Client’s Illegal Conduct:
(3) Clients with diminished capacity

Front 35

Future illegality (Required Withdrawal of Lawyer) (def + 2)

Back 35

When a lawyer discovers that their client expects assistance that violates a law or legal ethics rule, that lawyer must:
1) explain why they can’t do it to the client, and then
2) withdraw if the client insists.

Front 36

Discovering a Client’s Illegal Conduct
(Required Withdrawal of Lawyer) (def + 2)

Back 36

When a lawyer discovers that a client has begun an illegal course of action AND the action is continuing the lawyer:
1) Must not assist in the wrong doing
2) Withdraw: Sometimes a noisy withdrawal is required.

Front 37

Clients with diminished capacity
(Required Withdrawal of Lawyer)

Back 37

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Front 38

Things A lawyer Must disclose (2)

Back 38

(1) Civil: Settlement offers
(2) Criminal: Plea offers

Front 39

Informed Consent

Back 39

the client agrees to a proposed course of conduct after the lawyer has sufficiently explained the material risks and reasonable alternatives.

Front 40

When Informed consent is Required

Back 40

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Front 41

Keeping the Client Informed (3)

Back 41

Information about Status of the Matter and Means to be used: The lawyer must keep the client reasonably informed about
(1) Status of the matter (1.4(a)(3))
(2) Means by which the lawyer will accomplish the clients objectives (1.4(a)(4))
(3) Urgent situations: Lawyer need not consult with the client before acting when they must make an immediate decisions.

Front 42

Client Request For Info

Back 42

when a client makes a reasonable request for information, the lawyer must respond promptly.

IF they can’t then the lawyer must acknowledge the clients request and tell them when the info will be available.

Front 43

Consulting with client about illegal or unethical conduct

Back 43

The lawyer must consult with the client and explain whey they can’t do what the client wants.

Front 44

Communicating with an org client

Back 44

lawyer should communicate with the appropriate officer.

Front 45

Withholding info from a client

Back 45

1) Delay - OK: a lawyer can delay the transmission of information to the client if the client would be likely to react imprudently to an immediate communication.
2) withhold - NOT: BUT the lawyer CANNOT withhold info to serve the lawyer’s or a third party’s interest.

Front 46

Withholding info from a client (exception)

Back 46

(1) Court order (3.4(c)): A court rule or order may forbid a lawyer from sharing certain information with a client, and the lawyer must comply with such a rule or order.

Front 47

How A relationship can be terminated (3)

Back 47

1) Lawyer withdraws
2) Client fires lawyer
3) Court disqualifies lawyer

Front 48

When can a client fire a lawyer

Back 48

Client can fire the attorney at any time, with or without just cause.

Front 49

Client liability for fees when firing lawyer

Back 49

Responsible for Reasonable value of the work the attorney did before being fired

Front 50

Lawyer Withdrawal (3)

Back 50

There are three situations regarding lawyer withdrawal:
1) Lawyer MUST withdraw
2) Lawyer MAY withdraw WITHOUT adverse effects
3) Lawyer MAY withdraw WITH adverse effects

Front 51

When Lawyer MUST withdraw (2)

Back 51

(1) Disability (1.16(a)(2)):
(2) Illegality or ethical violation (16.1(a)(1)):

Front 52

Disability (1.16(a)(2)) (When Lawyer MUST withdraw)

Back 52

An attorney must withdraw if the attorney’s mental or physical condition materially impairs the attorney’s ability to continue to represent the client.

Front 53

Illegality or ethical violation (When Lawyer MUST withdraw)

Back 53

must withdraw if the continued representation will require the attorney to violate a law or a disciplinary rule.

Front 54

When a Lawyer MAY withdraw WITHOUT adverse effects

Back 54

An attorney may withdraw from representing a client FOR ANY REASON if it can be done without material adverse effect on the client’s interest or if the client consents.

Front 55

When a Lawyer MAY withdraw WITH adverse effects (7)

Back 55

(1) Client persists in criminal or fraudulent conduct:
(2) Client has used attorney’s services to commit past crime or fraud
(3) Client’s objective is repugnant or against lawyers beliefs
(4) Client breaks promise to attorney:
(5) Financial Hardship for Attorney:
(6) Client will not cooperate:
(7) Other good cause (1.16(b)(7)

Front 56

Client breaks promise to attorney (When a Lawyer MAY withdraw WITH adverse effects) (2)

Back 56

1) Client substantially fails to fulfill an obligation to the attorney; AND
2) Client has been warned that the attorney will withdraw unless it is fulfilled.

Front 57

Client persists in criminal or fraudulent conduct (When a Lawyer MAY withdraw WITH adverse effects) (2)

Back 57

may withdraw if the client
1) persists in a course of action that involves the lawyer’s services and
2) that the lawyer REASONABLY BELIEVES is criminal or fraudulent.

Front 58

Financial Hardship for Attorney (When a Lawyer MAY withdraw WITH adverse effects)

Back 58

representation will impose an unreasonable financial burden on the attorney.

Front 59

Client will not cooperate (When a Lawyer MAY withdraw WITH adverse effects)

Back 59

Client makes the attorney’s work unreasonably difficult.

Front 60

Court Permission to substitute attorneys

Back 60

Some courts require permission by the court to change attorneys after suit has been filed. Additionally the court may deny permission even if there is good case for withdrawal (1.16(c)).

Front 61

vi) Lawyers duty upon termination (1.16(d)) (5)

Back 61

Must
1) comply with the local laws that require notice to or permission of the tribunal before withdrawal.

The attorney must also take reasonable steps to protect the clients interest, including:
(1) Provide client with reasonable notice of withdrawal
(2) Provide the client with time to obtain another attorney
(3) Refund attorney fees paid in advance and not yet earned and expenses advances not yet spent
(4) Returning all papers and property to which the client is entitled.