Duties Owed to Clients
C - confidentiality
L - loyalty
F - financial responsibilities
C - competence
& - other reasonable things
LCR - Formation
(1) Express or implied agreement
OR
(2) Ct’s appointment to represent client
Withdrawal - Mandatory
(i) Will result in Vio of RPC or other
(ii) Lawyer’s phys or mental condition Subst Impairs ability to represent
(iii) Discharged by client
Documents - Client Requests
~ ~ ~ upon REQUEST and w/in Reasonable Time, regardless of whether client has paid bills
ORIGINALS - legal instruments and docs provided by client
COPIES - all else
IF . . . Intended ONLY for Internal Firm Use —-> do NOT have to give
Competence - Solving Comp Problem
~ ~ ~ MUST decline Rep if No Knowledge, UNLESS can . . .
(1) Learn w/o Undue Expense or Delay
(2) Consult w/ Lawyer who is Competent
(3) Emergency situation
Communication - Settlement and Plea Offers
~ ~ ~ MUST notify Client, UNLESS . . .
- Client previously indicated that proposal would be Acceptable or Not
- Client has Autho’d lawyer to Accept or Reject
Communication - Withholding Info
~ ~ ~ MAY delay transmission of info if client would be Likely to React Imprudently to an Immediate Comm
Confidentiality - Duty re Employee Misconduct
MUST disclose if . . .
(1) Best interests of Org
(2) Ofc of corp engaged in conduct Vio of legal oblig to Org or imputed
(3) Likely substitute injury to org
Conflict - Current (general types)
(1) Directly Adverse
(2) Material Limitation
Conflict - Resolving Current
(1) Reasonable Belief can Competently and Diligently rep client despite conflict
(2) Rep is NOT prohibited by law
(3) Rep does NOT involve asserting claim by One client against Another (i.e., lawyer on both sides)
(4) Informed consent after consultation
Conflict - Bus Trx w/ Client
~ ~ ~ canNOT enter Trx w/ Client or knowingly acquiring interest Adverse to client, UNLESS . . .
(1) Terms are Fair and Reasonable
(2) Terms fully Disclosed to client
(3) Reasonable opp to seek Ind Counsel
(4) Consents in Wrtg
Conflict - Limiting Malpractice Liability
~ ~ ~ NO, unless . . .
(1) Lawyer is EE of Client (e.g., in house)
AND
(2) Client is Ind rep’d in making agreement
Fees - Amount, factors
Reasonable as to . . .
- time and labor required
- Complexity of case, skill needed
- Fee customarily charged in locality
- Ant involved and result obtained
- Nature and length of r’ship w/ client
- Whether fee fixed or contingent
Fee - Agreements and Writing
must be Adequately Explained to client Before or w/in Reasonable after starting rep
Wrtg - NOT needed
Fee - Contingency Agreement (requirements)
(1) Writing
(2) How fee will be calculated
(3) What expenses will be deducted from recovery
(4) Whether expenses will be deducted before or after fee calculated
Fee - Contingents NOT Allowed
- D/c in CRIM
- Client in Dom Rels case (rare) (subject to rare exceptions)
Separation of Funds - Requirements
~ ~ ~ ALL money received must Promptly be placed in Client Trust Account, separate from Lawyer’s own personal and business
Separation of Funds - Disputed Money
Disputed portion shall be Kept Separate until Resolution
BUT . . . Undisputed amount allowed to be deposited into Lawyer’s Personal
Candor - Remedial Measures
IF . . . false evidence offered, Shall…
(1) Urge client to Coop in w/d or correcting
(2) if NOT successful, seek to W/D and/or other measures to Strike Evid
(3) If all else fails, Disclose to Judge, even if vios confidentiality
Communications - Person Rep’d by Counsel
must NOT Com about Subject of Rep they Know to be Rep’d, UNLESS . . .
- Person’s counsel Granted Permission
- Lawyer otherwise authored by law or order to make direct comm
Communications - Represented Organizations
~ ~ ~ NEED consent from Org’s counsel to speak w/ EE if they . . .
- Supervise, direct, or regular comms w/ Org’s lawyer
- Has authority to obligate org re matter
- Act or omission re matter may be Imputed to Org
Communications - Unrep’d Person
CAN, but comms limited by . . .
- canNOT State or Imply they are Disinterested
- Correct any Misunderstandings re lawyer’s role
- If conflict, must NOT give any legal advice
