Professional Responsibility Outline

Professional Responsibility
Professor C. Scott-Rudnick
John Marshall Law School
Spring 2016
 
 Client-Lawyer Relationship
R 1.1: Competence
Emergency situations: lawyers given more leeway, but must limit to emergency.
Retaining other lawyers to assist in the matter: should ordinarily obtain the client’s informed consent.
R 1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer
R 1.2(a):
A lawyer must abide by a client’s decisions concerning objectives and means to pursue objectives.
Lawyers may get advance authorization.
Must ask client whether to:
 
 
 
 
Whether to Appeal.
R 1.2(b): representation does not equal endorsement of client’s acts.
R 1.2(c): may limit scope of representation, as long as it’s reasonable.
R 1.2(d): must not counsel client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent. Ex: this includes providing his client with information needed to help him succeed in fleeing the country.
R 1.3: Diligence: Sole practitioner: in case of death or disability, may require designation of another competent lawyer to review client files, notify clients, and determine the need for immediate protective action.
R 1.4: Communication
R 1.4(a): Must promptly inform and reasonably consult with client.
R 1.4(b): Must explain a matter to permit client to make informed decision.
: May withhold information if:
Client is likely to react imprudently to an immediate communication.
Court Rule or Order.
R 1.5: Fees
R 1.5(a): Fee must be reasonable.
Will be construed against attorney.
: cannot stipulate to withdrawal whenever client fails to pay fees.
R 1.5(b):
Must communicate:
Scope of representation.
Basis or rate of the fee.
Expenses for which the client will be responsible.
Within reasonable time.
Any changes.
: regular clients.
preferable, but not required.
R 1.5(c): Contingency fees arrangements must be:
In writing.
Signed by the client.
State the method by which the fee is to be determined.
: Fee does not have to be monetary.
Clear notification of client’s expenses.
Upon conclusion, written statement of outcome of matter.
R 1.5(d): Exceptions for contingency fees:
Domestic relations matter.
: protecting the fabric of the family.
: But can have contingency fee arrangement if merely collecting money for a domestic relations matter.
Criminal defense.
R 1.5(e): Division of fees between different firms must be:
Proportionate to the services performed by each firm.
Client agrees to the arrangement in a writing that discloses division.
Total fee is reasonable.
R 1.6: Confidentiality of Information
R 1.6(a): A lawyer cannot reveal information relating to representation of a client, even if presented in front of 3P, except:
Client gave informed consent.
Disclosure is impliedly authorized in order to carry out the representation.
Information becomes generally known.
R 1.6(b): A lawyer may reveal information if:
To prevent reasonably certain death or substantial bodily harm.
May reveal.
Must reveal.
To prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services.
To prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted form the client’s commission of a crime or fraud in furtherance of which t