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Restatement (Third) of the Law Governing Lawyers § 14 cmt. b.
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1Is a client-lawyer relationship generally formed by mutual agreement of both the lawyer and the client?
Is a client-lawyer relationship generally formed by mutual agreement of both the lawyer and the client?2In forming a client-lawyer relationship, may the client’s intent to engage the lawyer’s services be either express or implied?
In forming a client-lawyer relationship, may the client’s intent to engage the lawyer’s services be either express or implied?3In forming a client-lawyer relationship, may the lawyer’s agreement to provide legal services to the client be either express or implied?
In forming a client-lawyer relationship, may the lawyer’s agreement to provide legal services to the client be either express or implied?4May a lawyer be deemed to represent a client without the lawyer’s express agreement if the lawyer knows, or should have known, that the client reas...
May a lawyer be deemed to represent a client without the lawyer’s express agreement if the lawyer knows, or should have known, that the client reasonably relied on the lawyer to provide legal assistance?5Under the Model Rules of Professional Conduct (MRPC), what is a prospective client?
Under the Model Rules of Professional Conduct (MRPC), what is a prospective client?6Standing alone, is a prospective client’s unilateral belief that a client-lawyer relationship exists sufficient to form a client-lawyer relationship?
Standing alone, is a prospective client’s unilateral belief that a client-lawyer relationship exists sufficient to form a client-lawyer relationship?7May a client-lawyer relationship be based solely on a prospective client’s request for, or receipt of, nonlegal advice or services from a lawyer?
May a client-lawyer relationship be based solely on a prospective client’s request for, or receipt of, nonlegal advice or services from a lawyer?8Is payment by the client required to form a client-lawyer relationship?
Is payment by the client required to form a client-lawyer relationship?9In general, is a written contract or other agreement required to form a client-lawyer relationship?
In general, is a written contract or other agreement required to form a client-lawyer relationship?10A man was in an automobile accident. The man attended a meeting with a lawyer at which the man asked the lawyer for an opinion about whether the ma...
A man was in an automobile accident. The man attended a meeting with a lawyer at which the man asked the lawyer for an opinion about whether the man’s legal claim was worth pursuing. The lawyer briefly stated that the man had a better-than-average chance of prevailing in a lawsuit. The man thanked the lawyer, said that he would think about what he wanted to do, and left the meeting.At this point, was the man a client of the lawyer?11Once a client-lawyer relationship is formed, does the lawyer become a fiduciary agent of the client?
Once a client-lawyer relationship is formed, does the lawyer become a fiduciary agent of the client?12In settings other than court appointments, is a lawyer generally free to accept or reject a prospective client?
In settings other than court appointments, is a lawyer generally free to accept or reject a prospective client?13Under what circumstances is a lawyer required to decline to represent a prospective client?
Under what circumstances is a lawyer required to decline to represent a prospective client?14In general, is a lawyer bound by the client’s determination of the objectives of the lawyer’s representation?
In general, is a lawyer bound by the client’s determination of the objectives of the lawyer’s representation?15What is the definition of informed consent under the MRPC?
What is the definition of informed consent under the MRPC?16May a lawyer place reasonable limits on the scope of the services the lawyer will provide for the client during the representation?
May a lawyer place reasonable limits on the scope of the services the lawyer will provide for the client during the representation?17Is a lawyer required to reasonably consult with the client about the means of achieving the goals of the representation?
Is a lawyer required to reasonably consult with the client about the means of achieving the goals of the representation?18If a lawyer and client disagree about the means by which to pursue the client’s objectives, do the MRPC specify how that disagreement should be res...
If a lawyer and client disagree about the means by which to pursue the client’s objectives, do the MRPC specify how that disagreement should be resolved?19In seeking to carry out a client’s objectives, must the lawyer obtain express authorization from the client for each of the lawyer’s actions in the...
In seeking to carry out a client’s objectives, must the lawyer obtain express authorization from the client for each of the lawyer’s actions in the course of the representation?20Does a lawyer’s representation of a client constitute an endorsement of a client’s opinions, beliefs, or actions?
Does a lawyer’s representation of a client constitute an endorsement of a client’s opinions, beliefs, or actions?21A lawyer was defending a client in a tax dispute with the Internal Revenue Service (IRS). The issue in the dispute was the method of calculating a ...
A lawyer was defending a client in a tax dispute with the Internal Revenue Service (IRS). The issue in the dispute was the method of calculating a particular tax credit for the most recent tax year. The lawyer told the client that they might also be able to use the dispute not only to resolve the amount of the credit, but also to challenge the legality of certain investigative methods used by the IRS in the matter. The client stated that he had no interest in addressing the IRS’s investigative methods. Instead, the client merely wanted to resolve the amount of the credit as quickly and inexpensively as possible.May the lawyer pursue the issues regarding the IRS’s investigative methods over the client’s objections?22A business retained a lawyer with employment-law expertise to represent the business in employment-related disputes. The lawyer sent the business a...
A business retained a lawyer with employment-law expertise to represent the business in employment-related disputes. The lawyer sent the business an engagement letter, which stated that the lawyer had been retained to provide advice on employment-law matters only, and that the business would be best served by seeking other counsel in other areas of law. The business’s authorized agent approved and signed the letter with a full understanding of the lawyer’s limitations and the benefits of seeking specialized counsel in other areas. The business later sent the lawyer an employment-related dispute that also involved questions of securities law and asked the lawyer to handle the entire matter. The lawyer rejected the securities work and reminded the business that the scope of the lawyer’s representation was limited to employment law.Was the lawyer permitted to reject the securities work?23May a client authorize a lawyer to take specified actions on the client’s behalf without needing to consult the client further?
May a client authorize a lawyer to take specified actions on the client’s behalf without needing to consult the client further?24Does a client have the authority to decide whether to settle a civil matter?
Does a client have the authority to decide whether to settle a civil matter?25In a criminal matter, does a client have final decision-making authority regarding what plea to enter, whether to waive a jury trial, and whether t...
In a criminal matter, does a client have final decision-making authority regarding what plea to enter, whether to waive a jury trial, and whether the client will testify at trial?26A lawyer was representing a client in a criminal case. The client wanted to testify on his own behalf at trial. The lawyer strongly advised the cli...
A lawyer was representing a client in a criminal case. The client wanted to testify on his own behalf at trial. The lawyer strongly advised the client against testifying because under the rules of evidence, the client’s prior bad acts could then be disclosed to the jury. At trial, despite the client’s wishes, the lawyer refused to call the client to testify. The lawyer later explained to the client that by hiring the lawyer, the client had agreed to allow the lawyer to make decisions regarding trial strategy, including whether to call the client as a witness.Is the lawyer correct?27Does a lawyer have the authority to make decisions in the course of representing a client that the lawyer reasonably believes are required by law o...
Does a lawyer have the authority to make decisions in the course of representing a client that the lawyer reasonably believes are required by law or by a tribunal?28If a client has diminished capacity for adequately making decisions in the course of the representation, must the lawyer nonetheless conduct a norm...
If a client has diminished capacity for adequately making decisions in the course of the representation, must the lawyer nonetheless conduct a normal client-lawyer relationship with the client, if possible?29If a lawyer reasonably believes that a client has diminished capacity for adequately making decisions in the course of a representation, is at risk...
If a lawyer reasonably believes that a client has diminished capacity for adequately making decisions in the course of a representation, is at risk of serious harm, and can no longer adequately act in her own interests, may the lawyer take actions that are reasonably necessary to protect the client’s interests?30A lawyer had represented a client in estate-related matters for 20 years. The lawyer noticed that the client had started sending the lawyer garbled...
A lawyer had represented a client in estate-related matters for 20 years. The lawyer noticed that the client had started sending the lawyer garbled emails and acting erratically. The lawyer therefore began to wonder if the client was suffering from diminished capacity. Subsequently, the client asked the lawyer to revise his will to leave the majority of his estate for the care of his two cats.Should the lawyer promptly follow the client’s instructions to revise the will?31What is a lawyer’s actual authority to make a decision on behalf of a client?
What is a lawyer’s actual authority to make a decision on behalf of a client?32What is a lawyer’s apparent authority to make a decision on behalf of a client?
What is a lawyer’s apparent authority to make a decision on behalf of a client?33May a lawyer counsel a client to engage in activity that the lawyer knows is fraudulent or criminal?
May a lawyer counsel a client to engage in activity that the lawyer knows is fraudulent or criminal?34May a lawyer discuss with a client the legal consequences of a proposed action and assist the client in a good-faith effort to determine the meanin...
May a lawyer discuss with a client the legal consequences of a proposed action and assist the client in a good-faith effort to determine the meaning or application of the law?35A client retained a lawyer to help the client structure his businesses in a way that minimized his tax liability. The lawyer outlined a strategy th...
A client retained a lawyer to help the client structure his businesses in a way that minimized his tax liability. The lawyer outlined a strategy that created favorable tax treatment for the client. The client proposed several additional methods for structuring his businesses. The lawyer fully assessed each of the client’s suggestions and concluded that the methods would be unlawful. The lawyer explained to the client exactly why the client’s proposed methods would be unlawful and advised the client against adopting any of them. Without the lawyer’s knowledge, the client employed one of the illegal methods about which he consulted the lawyer and against which the lawyer advised.Will the lawyer be held responsible for the client’s unlawful conduct?36In general, at what point does a lawyer’s representation of a client end?
In general, at what point does a lawyer’s representation of a client end?37In general, does a client have an absolute right to terminate her lawyer’s services?
In general, does a client have an absolute right to terminate her lawyer’s services?38In what circumstances is a lawyer required to withdraw from representing a client?
In what circumstances is a lawyer required to withdraw from representing a client?39In what circumstances is a lawyer permitted, but not required, to withdraw from representing a client?
In what circumstances is a lawyer permitted, but not required, to withdraw from representing a client?40Upon terminating a representation, must the lawyer take steps to protect the client’s interests?
Upon terminating a representation, must the lawyer take steps to protect the client’s interests?41A lawyer assisted a client by drafting loan agreements between the client and a bank. The client used the loans to buy computer equipment that he t...
A lawyer assisted a client by drafting loan agreements between the client and a bank. The client used the loans to buy computer equipment that he then rented to businesses. In drafting the loan agreements, the lawyer was required to provide the bank with the name of the businesses that would be renting the computer equipment. One day, the lawyer realized that one loan agreement he had previously prepared listed a nonexistent business. The lawyer realized that the client had used his services to perpetuate a fraud. The lawyer found no evidence that the client had created more than one fraudulent loan application.May the lawyer withdraw from representing the client?42If good cause exists for a lawyer to terminate a representation, may a lawyer nonetheless be prevented from doing so by a court rule or other law?
If good cause exists for a lawyer to terminate a representation, may a lawyer nonetheless be prevented from doing so by a court rule or other law?43In most courts, is a lawyer required to obtain the court’s permission to terminate a representation in a pending civil or criminal case?
In most courts, is a lawyer required to obtain the court’s permission to terminate a representation in a pending civil or criminal case?44A lawyer decided that he was tired of representing a client because the client constantly failed to listen to the lawyer’s advice The client’s beha...
A lawyer decided that he was tired of representing a client because the client constantly failed to listen to the lawyer’s advice The client’s behavior gave the lawyer good cause for the termination. Three days before a scheduled court hearing with the client, the lawyer called the client and said, “I’m done with you.” The lawyer did not respond to any of the client’s subsequent phone calls, emails, or other inquiries. In addition, the lawyer never returned any of the client’s papers and property that were in the lawyer’s possession, even though the client was entitled to the return of these items.Did the lawyer take the appropriate steps in terminating the representation?45What is a representation agreement between a lawyer and a client?
What is a representation agreement between a lawyer and a client?46What is a contingent fee?
What is a contingent fee?47In general, is a written representation agreement generally required in the course of a representation?
In general, is a written representation agreement generally required in the course of a representation?48In general, are contracts between a lawyer and a client concerning the client-lawyer relationship enforceable?
In general, are contracts between a lawyer and a client concerning the client-lawyer relationship enforceable?49From whose perspective will a court construe a contract between a client and a lawyer?
From whose perspective will a court construe a contract between a client and a lawyer?50In general, is a lawyer required to inform a client promptly of any decision or matter that requires the client’s informed consent?
In general, is a lawyer required to inform a client promptly of any decision or matter that requires the client’s informed consent?51In general, is a lawyer required to keep the client reasonably informed about the status of the matter that is the subject of the representation?
In general, is a lawyer required to keep the client reasonably informed about the status of the matter that is the subject of the representation?52In general, is a lawyer required to respond promptly to a client’s reasonable requests for information?
In general, is a lawyer required to respond promptly to a client’s reasonable requests for information?53Is a lawyer required to explain a matter to a client to the extent reasonably necessary to permit the client to make informed decisions regarding t...
Is a lawyer required to explain a matter to a client to the extent reasonably necessary to permit the client to make informed decisions regarding the representation?54If a lawyer knows that a client expects the lawyer to engage in activities that are prohibited by the rules of professional conduct or another law,...
If a lawyer knows that a client expects the lawyer to engage in activities that are prohibited by the rules of professional conduct or another law, what must the lawyer do?55Despite the general rule requiring prompt communication with a client, may a lawyer delay transmitting information to a client if the client would ...
Despite the general rule requiring prompt communication with a client, may a lawyer delay transmitting information to a client if the client would be likely to react imprudently to an immediate communication?56In general, if a lawyer is representing an organization, to whom at the organization should the lawyer address communications about the representat...
In general, if a lawyer is representing an organization, to whom at the organization should the lawyer address communications about the representation?57Must a lawyer’s fees and expenses be reasonable under the circumstances?
Must a lawyer’s fees and expenses be reasonable under the circumstances?58What factors do the MRPC specify as relevant in assessing whether a lawyer’s fee is reasonable?
What factors do the MRPC specify as relevant in assessing whether a lawyer’s fee is reasonable?59At what point in the representation must a lawyer communicate to a client the basis or rate of the lawyer’s fee and the other expenses for which th...
At what point in the representation must a lawyer communicate to a client the basis or rate of the lawyer’s fee and the other expenses for which the client will be responsible?60In what circumstance is a lawyer not required to communicate fee and expense information to a client before or within a reasonable time after comme...
In what circumstance is a lawyer not required to communicate fee and expense information to a client before or within a reasonable time after commencing a representation?61Must a contingent-fee agreement be memorialized in a writing signed by the client?
Must a contingent-fee agreement be memorialized in a writing signed by the client?62At the end of a matter that involves a contingent fee, must the lawyer give the client a written statement summarizing the outcome and the fee?
At the end of a matter that involves a contingent fee, must the lawyer give the client a written statement summarizing the outcome and the fee?63In what two circumstances is a lawyer prohibited from charging a contingent fee?
In what two circumstances is a lawyer prohibited from charging a contingent fee?64What is a fee division?
What is a fee division?65Two sole practitioners represented a single client in a personal-injury case arising from a bus accident. One of the lawyers was an expert in perso...
Two sole practitioners represented a single client in a personal-injury case arising from a bus accident. One of the lawyers was an expert in personal-injury claims involving bus accidents. The other lawyer was competent in personal-injury matters generally, but he lacked expertise in bus accidents. The expert lawyer did 10 percent of the work on the case. However, because experts in bus-accident cases were difficult to find, the other lawyer agreed that the expert lawyer would receive 30 percent of the fee. The client agreed in writing to the fee division and the manner in which the fee would be divided. The total fee was reasonable.Is this fee-division arrangement permissible?