Attorney-Client Relationship
A woman shares a detailed legal issue with a lawyer at a party. The lawyer listens silently, then says, “I’m not your lawyer.”
Is there a duty of confidentiality?
A. Yes, because she disclosed information seeking legal help.
B. No, because the lawyer didn't agree to help
C. No, it was a social setting.
D. Yes, but only if he gave advice
What is yes, because she is a prospective client under Rule 1.18?
Under both the ABA and California rules, a lawyer must always ensure this about their fees.
What is that they are reasonable?
Rule 1.5
A lawyer must withdraw if continued representation would result in this.
What is a violation of the law or rules of professional conduct? (Rule 1.16)
Compared to the attorney-client privilege, this doctrine is broader in scope.
What is the duty of confidentiality?
Attorney represents a corporation. Who is the client?
What is the corporation itself? (NOT its individual officers or employees)
Rule 1.13
An attorney receives confidential info in a consult but isn't hired.
Can she represent the opposing party?
What is no, unless both give informed consent?
Attorney charges a client a flat fee of $5,000 for a case, which is reasonable for the work. Must this fee agreement be in writing?
What is yes and no?
No, under ABA Model Rule 1.5, a flat fee agreement does not require a writing unless it is a contingent fee?
Yes, under CRPC, anything over $1,000 must be in writing?
Attorney withdraws from representation due to a conflict but refuses to return client files until unpaid fees are settled. Is this permissible?
A. Yes, if the client owes significant fees.
B. No, because client files must be returned upon termination.
C. Yes, if withholding the files does not prejudice the client.
D. No, unless the client consents to the withholding.
What is B?
No, under Model Rule 1.16(d), Attorney must return client files upon termination, regardless of unpaid fees?
Attorney learns from Client that Client intends to lie on a loan application.
Can Attorney disclose this to the bank?
What is no, Attorney must maintain confidentiality under Model Rule 1.6 unless an exception applies, such as preventing a crime involving death or substantial bodily harm?
This warning tells employees that the company—not the individual—is the client.
Attorney declines to represent a client due to moral objections to the client’s business practices. Is this permissible?
What is yes, under Model Rule 6.2, an attorney may decline representation unless appointed by a court, provided it’s not for discriminatory reasons?
Attorney’s fee agreement includes a clause that Client waives any malpractice claims against Attorney. Client signs without independent counsel. Is this enforceable?
A. Yes, if the client knowingly signed the agreement.
B. No, unless the client was independently represented in making the agreement.
C. Yes, if the agreement was fair and reasonable.
D. No, because malpractice waivers are always prohibited.
What is B?
No, under Model Rule 1.8(h)(1), such a waiver is prohibited unless the client is independently represented in making the agreement.
Attorney wishes to withdraw from a case due to the client’s failure to pay fees.
What must Attorney do first?
What is notify the client and allow reasonable time to obtain new counsel, as required by Model Rule 1.16(d)?
Attorney receives an email from opposing counsel containing privileged information sent by mistake. What should Attorney do?
What is notify the sender under Model Rule 4.4(b)?
A corporate lawyer learns the CFO is embezzling. Her first ethical obligation is to do this.
What is report “up the ladder” under Rule 1.13(b)?
Client instructs Attorney to settle a case for no less than $50,000. The opposing party offers $45,000. Can Attorney accept without consulting Client?
What is no, under Model Rule 1.2(a), the client controls settlement decisions, and Attorney must consult the client?
A client hires a lawyer on a “non-refundable” flat fee basis. The client fires the lawyer 3 days later. The lawyer refuses to refund any of the fee. Which statement is TRUE?
A. Non-refundable flat fees are always valid if agreed to in writing.
B. The lawyer must refund any portion that is unearned.
C. The flat fee becomes earned on deposit.
D. The client waived all refund rights by paying the fee.
What is B — Even if labeled non-refundable, the fee must be refunded if unearned?
A client fires their lawyer, but the lawyer refuses to return files until paid. This conduct risks violating this duty.
What is the duty not to prejudice the client under Rule 1.16(d)?
Attorney’s client confesses to a past murder, but no one is at risk. Can Attorney disclose this to authorities?
What is no, Model Rule 1.6 prohibits disclosure of past crimes unless an exception like preventing future harm applies?
Attorney represents a corporation and learns an officer is engaging in fraud harming the corporation. After reporting to the board with no action taken, what can Attorney do?
A. Do nothing, as the board’s inaction ends Attorney’s duty.
B. Disclose to authorities if the fraud is a crime and disclosure prevents substantial injury.
C. Withdraw from representation without further action.
D. Sue the officer on behalf of the corporation.
What is B? Disclose to authorities under Model Rule 1.13(c), if the misconduct is a crime and disclosure is necessary to prevent substantial injury to the organization?
When does attorney-client privilege form?
What is when 1) communication occurs between an attorney and their client, 2) is intended to be confidential, and 3) is for the purpose of seeking or providing legal advice.
A lawyer represents a client in a business dispute. The retainer agreement provides for a $500/hour rate, plus a 20% contingency on any recovery. The client agrees in writing. The lawyer wins a $500,000 settlement after 80 billable hours. The client refuses to pay both the hourly fee and the contingency. Which is the most accurate statement?
A. The hybrid fee is unethical because contingency and hourly cannot be combined.
B. The fee is enforceable if it was disclosed, reasonable, and consented to in writing.
C. The lawyer may not collect the contingency unless she wins at trial.
D. The contingency must be approved by the court before being enforced.
What is B — Hybrid fee arrangements are permissible if they comply with Rule 1.5 and any applicable disclosure laws.
Attorney receives $10,000 as an advance payment from a client. Where must this money be held?
What is an IOLTA account? (Client Trust Account)
Attorney learns that Client plans to commit a fraud that will cause significant financial harm to a third party but no physical injury. Can Attorney disclose this to the affected party?
A. Yes, if the fraud constitutes a crime and disclosure prevents substantial financial injury.
B. No, because financial harm does not justify breaching confidentiality.
C. Yes, but only if the client consents to the disclosure.
D. No, unless the fraud involves physical harm to a third party.
What is A, under ABA Model Rule 1.6(b)(2), if the fraud involves a crime and disclosure is necessary to prevent substantial financial injury?
NO in California.
Attorney represents a corporation and learns a former employee engaged in misconduct that may harm the corporation financially. Can Attorney disclose this to protect the corporation?
A. Yes, if disclosure prevents substantial financial injury.
B. No, because the former employee is no longer part of the client.
C. Yes, but only if the former employee consents.
D. No, unless the misconduct involves physical harm.
What is A? (Only ABA, NOT CA)
Under Model Rule 1.6(b)(2), if the disclosure is necessary to prevent substantial financial injury, but Model Rule 1.9(c) limits use of former client information?