Pro Rep Outline
Atty-Client relationship
Definitions of atty-client relationship
i. Overarching Test
1. Individual Seeks AND
2. Lawyer renders advice
3. Reasonably foreseeable to both lawyer and individual that client will rely
ii. Tort (a)– lawyer rendered
1. Legal advice
2. Under Circ.
a. which makes it reasonably foreseeable to the atty if advice rendered negligently
b. Individual receiving advice may be injured
iii. Tort (b)
1. Individual seeks legal advice
2. Receives legal advice
3. from an atty
4. In circ. in which a RP would rely on such advice
iv. K rule
1. Rendering of legal advice (acceptance)
2. Pursuant to another’s request (offer)
3. Reliance factor (consideration two ways)
a. Client pays OR
b. Relies on advice (estoppel)
c. Reasonableness?
i. Not in definition but is in promissory estoppel
v. Restatement 3rd §14
1. Person manifests to a lawyer the person’s intent that the lawyer provide legal services for the person AND either
a. The lawyer manifests to the person consent to do so OR
b. The lawyer fails to manifest lack of consent to do so AND
i. The lawyer knows/reasonably should know that the person reasonably relies on the lawyer to provide service OR
c. Lawyer appointed to provide the services
vi. Hotz Case
1. On going atty/client relationship
a. Keeps you open to being persons atty for years
b. Reality is not very workable
i. Want clients to come back to you
ii. But if have on going relationship it can conflict you out of other cases
c. Make it very clear to client what you rep them in
2. IF want to use this definition then must define “on going relationship”
Unless atty has consent of other atty OR
2. Authorized to do so by law or court order
iii. 4.3 Atty dealing w/ unrep person
1. Lawyer shall not:
a. Imply atty his disinterested
b. Atty must set 3rd party straight if he is confused as to representation.
i. If atty should know about the confusion
c. If lawyer should know there is a conflict w/ interest of current client – only advice he can give to 3rd party is to seek counsel
Lawyer Malpractice
Elements
i. Atty/client relationship
ii. D acted negligently or in breach of K
iii. Such actions were proximate cause of P’s damages
If it weren’t for D’s actions then P would have won their claim
