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Legal Profession
Villanova University School of Law
Caudill, David S.

Outline
 
Key definitions: See 1.0
 
I.                   Article 1: Client-Lawyer Relationship
a.       Competence: a lawyer shall provide competent rep to a client. Comp rep reqs legal knowledge, skill, thoroughness and prep reasonably necessary for the rep.
b.      Scope of rep and allocation of authority btw client and atty: lawyer shall abide by client’s decisions concerning objectives of rep and shall consutl w/ client as to means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the rep. A lawyer shall abide by a client’s decision whether to settle a matter (and abide by client’s decision to pleas, waiver of trial and whether client will testify).
                                                  i.      Rep of lawyer does not constitute an endorsement of client’s views or activities.
                                                ii.      Lawyer may limit scope of rep if limitation is reasonable under circums and client gives informed consent.
                                              iii.      Lawyer shall not counsel a client to engage, or assist a client, in conduct that lawyer knows is crim or fraudulent, but a lwyer may discuss legal conseqs of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine validity, scope, meaning or app of the law.
c.       Diligence: a lawyer shall act w/ reasonable diligence and promptness in rep’g a client.
d.      Communication: A lawyer SHALL:
                                                  i.      Promptly inform client of any decision or circum w/ respsect to which the client’s informed consent is req’d by these rules.
                                                ii.      Reasonably consult w/ client about the means by which the client’s objectives are to be accomplished.
                                              iii.      Keep client reasonably informed about status of matter.
                                              iv.      Promptly comply w/ reasonable requests for info
                                                v.      Consult w/ client about any relevant limitation on the lawyer’s conduct when the lawyer knows the client expects asst not permitted by rules of conduct or other law.
                                              vi.      Explain a matter ot the extent reasonably necessary to permit client to make informed decisions regarding rep.
e.       Fees: No unreasonable fees,
                                                  i.      Factors to consider:
1.      Time and labor req’d, novelty and diff of questions involved, skill req to perform legal service properly
2.      The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer
3.      Customary fees in locality for similar legal services
4.      Amount involved and results obtained
5.      Time limitations imposed by client or circums
6.      Nature and length of professional relationship w/ client
7.      Exp, rep, and ability of lawyer or lawyers performing services
8.      Whether fee is fi

ntiality of Info:
                                                  i.      Lawyer shall not reveal info relating to rep of a client unless client gives informed consent, disclosure is impliedly authorized in order to carry out rep or disclosure is permitted by one of the following exceptions:
1.      To prevent reasonably certain death or substantial bodily harm
2.      Prevent 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 lawyer’s services
3.      To prevent, mitigate or rectify substantial injury to financial interests or property of another that is reasonably certain to result or has resulting from client’s commission of a crime or fraud in furtherance of which client has used lawyer’s services
4.      To secure legal advice about the lawyer’s compliance w/ these rules
5.      To establish a claim or defense on behalf of the lawyer in a contro btw lawyer and client, to est a defense to a crim charge or civil claim against lawyer based upon conduct in which client was involved, or to respond to allegations in any proceeding concnering lawyer’s rep of client
6.      To comply w/ other law or a ct order.