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1Is 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?
3In 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...
5Under 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?
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?
8Is 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?
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...
11Once 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?
13Under 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?
15What 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?
17Is 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...
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...
20Does 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 ...
22A business retained a lawyer with employment-law expertise to represent the business in employment-related disputes. The lawyer sent the business a...
23May 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?
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...
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...
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...
28If a client has diminished capacity for adequately making decisions in the course of the representation, must the lawyer nonetheless conduct a norm...
29If a lawyer reasonably believes that a client has diminished capacity for adequately making decisions in the course of a representation, is at risk...
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...
31What 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?
33May 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...
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...
36In 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?
38In 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?
40Upon 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...
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?
43In 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...
45What is a representation agreement between a lawyer and a client?
46What is a contingent fee?
47In 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?
49From 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?
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?
52In 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...
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,...
55Despite the general rule requiring prompt communication with a client, may a lawyer delay transmitting information to a client if the client would ...
56In general, if a lawyer is representing an organization, to whom at the organization should the lawyer address communications about the representat...
57Must 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?
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...
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...
61Must 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?
63In what two circumstances is a lawyer prohibited from charging a contingent fee?
64What 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...
All flashcards
65 cards