The Client-Lawyer Relationship: Formation, Scope and Termination: every key term you need (+ practice quiz)
25 flashcard terms for Professional Responsibility Topic 2, written to match the course framework. Study them here, then drill them as interactive flashcards, or test yourself with the 15-question quiz — free, no account needed.
The relationship arises when a person reasonably relies on the lawyer to provide legal services and the lawyer knows or should know of that reliance; a signed engagement letter helps prove it but is not required.
Prospective client duties
Model Rule 1.18 protects information learned in a consultation even if no representation follows, and it can disqualify the lawyer from an adverse matter when the information would be significantly harmful to the prospective client.
Screening a prospective client conflict
Disqualification from a prospective client consultation is not imputed to the firm if the consulted lawyer limited the information received, is timely screened, receives no part of the fee, and written notice goes to the prospective client.
Allocation of authority
Model Rule 1.2 gives the client the decision on the objectives of the representation and the lawyer the decision on the means, after consultation, subject to the client's ultimate control over the matter.
Decisions reserved to the client
Only the client may decide whether to settle a civil case, and in a criminal case whether to plead guilty, waive a jury, testify personally, and whether to appeal; a lawyer who overrides these decisions violates Model Rule 1.2.
Limited scope representation
A lawyer may limit the objectives of a representation, such as handling only one hearing, if the limitation is reasonable in the circumstances and the client gives informed consent.
Counseling or assisting a crime or fraud
Model Rule 1.2(d) forbids helping a client commit conduct the lawyer knows is criminal or fraudulent, while permitting the lawyer to discuss the legal consequences of proposed conduct and to test the validity of a law in good faith.
Duty of competence
Model Rule 1.1 requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the matter; a lawyer may take an unfamiliar matter if she can become competent without unreasonable delay or expense to the client.
Technological competence
Competence includes keeping abreast of the benefits and risks of relevant technology, which supports duties to safeguard electronic client data and to handle electronic discovery responsibly.
Duty of diligence
Model Rule 1.3 requires reasonable promptness and commitment; procrastination that causes needless anxiety or undermines a claim is a classic discipline trigger even where no statute of limitations is missed.
Duty to communicate
Model Rule 1.4 requires promptly informing the client of decisions requiring informed consent, keeping the client reasonably informed of status, complying with reasonable requests for information, and explaining matters enough for informed decisions.
Communicating settlement offers
A lawyer must convey any settlement or plea offer to the client unless the client has previously given clear instructions on offers of that kind, because acceptance is the client's decision.
Informed consent defined
Under Model Rule 1.0(e), informed consent means agreement after the lawyer has communicated adequate information and an explanation of the material risks of and reasonably available alternatives to the proposed course of conduct.
Confirmed in writing
A confirmation in writing is informed consent given orally and then memorialized by a writing from the client or transmitted by the lawyer within a reasonable time; some conflicts require it while others require only informed consent.
Client with diminished capacity
Model Rule 1.14 directs the lawyer to maintain a normal relationship as far as reasonably possible, and permits protective action, including seeking a guardian, only when the client is at risk of substantial harm and cannot act adequately.
Confidentiality and diminished capacity
When taking protective action for an impaired client, the lawyer has implied authority to reveal only the information reasonably necessary to protect the client's interests.
Organization as client
Model Rule 1.13 makes the entity the client, so the lawyer represents the corporation and not its officers, and must clarify that fact to constituents whose interests may become adverse.
Reporting up within an organization
When a constituent's conduct is a legal violation likely to cause substantial injury to the organization, the lawyer must ordinarily refer the matter up the chain of authority, including to the highest authority such as the board.
Reporting out under Model Rule 1.13
If the highest authority insists on or fails to address a clear legal violation reasonably certain to cause substantial injury, the lawyer may reveal information outside the organization to the extent necessary, even beyond Model Rule 1.6 exceptions.
Mandatory withdrawal
Model Rule 1.16(a) requires withdrawal when continued representation would violate the rules or law, when the lawyer's physical or mental condition materially impairs representation, or when the lawyer is discharged.
Permissive withdrawal
A lawyer may withdraw when it can be done without material adverse effect on the client, or for cause such as client crime or fraud, a repugnant objective, unfulfilled client obligations after warning, or unreasonable financial burden.
Duties on termination
On ending a representation the lawyer must give reasonable notice, allow time to retain new counsel, surrender papers and property the client is entitled to, and refund any unearned advance fee.
Discharge by the client
A client may fire a lawyer at any time with or without cause, subject in litigation to the tribunal's permission to withdraw, and the discharged lawyer may recover the reasonable value of services already rendered.
Malpractice and prospective liability limits
Model Rule 1.8(h) bars agreements prospectively limiting malpractice liability unless the client is independently represented, and bars settling a claim with an unrepresented client without advising them in writing to seek independent counsel.
Duty to safeguard information after the matter ends
Obligations of confidentiality and loyalty continue after the representation concludes, so a former client's secrets remain protected indefinitely and cannot be used to that client's disadvantage.