prof resp outline (1)

prof resp outline (1) - Article 1. Client-Lawyer...

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Article 1. Client-Lawyer Relationship 1.0 Terminology o Firm – Whether 2 or more lawyers = a “firm” depends on specific facts. If they represent themselves to the public in a way that suggest that they are a firm or conduct themselves as a firm, they should be regarded as such o Informed Consent – The lawyer must make reasonable efforts to ensure that the client or other person possesses info reasonably adequate to make an informed decision Requires: Communication – disclosure of facts/circumstances giving rise to the situation Explanation reasonably nec. To inform client/other person of material advantages/disadvantages or the proposed course of conduct and Discussion of the client’s/other person’s options/alternatives Sometimes may require lawyer to advise client/person to seek advice of other counsel Reasonably Adequate Factors : Whether client/person is experienced in legal matters and in making decisions of the type involved Whether the client or other person is independently represented by other counsel in giving the consent Lawyer may not assume consent, but consent can be inferred. Whether consent in writing: A number of rules require that the consent be confirmed in writing (ex: 1.7(b), 1.9(a)) Other rules require that a client’s consent be obtained in a writing signed by the client (ex: 1.8(a), (g)) o Screened 1.1 Competence o A lawyer shall provide competent representation to a client. o Competent representation requires : o Factors: Relative complexity and specialized nature of the matter Lawyer’s general experience Lawyer’s training/experience in the field in question Whether feasible to refer matter to another lawyer with est. competence in the field in question The Prep and Study the lawyer is able to give the matter Lawyer may accept representation where the requisite level of competence can be achieved by reasonable preparation o Competent handling of a particular matter includes: Inquiry into and analysis of factual and legal elements of the problem Use of methods/procedures meeting standards of competent practitioners Adequate preparation o Reasonably necessary for the representation o Maintaining Competence : Lawyer should keep abreast of the changes in the law and its practice, engage in continuing study and education and comply with all CLE reqs to which lawyer is subject Page 1 of 8
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1.2 Scope of Representation and Allocation of Authority between Client and Lawyer (a) Lawyer shall abide by client’s decisions concerning objectives of representation & shall consult with client as to the means by which they are to be pursued [client has ultimate authority] Criminal Case : lawyer shall abide by client’s decision as to: o Plea to be entered o o Whether client will testify Civil Matter : decision of whether to settle civil matter must be made by the client
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prof resp outline (1) - Article 1. Client-Lawyer...

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