Professional Duties
The attorney's overriding professional obligation.
What is the duty to the court?
The agreement by which a lawyer is engaged by a client.
What is a retainer?
The power granted to an attorney to act on behalf of a client.
What is authority under the retainer?
Two qualities all professional fees should possess.
What are fair and reasonable?
The right to retain property as security for unpaid fees.
What is a lien?
Two groups to whom an attorney owes professional duties.
Who are the court, the client, the public, or the profession?
The three principal forms of retainers.
What are oral, written, and implied retainers?
The type of legal business that involves litigation.
What is contentious business?
Money spent by an attorney on behalf of a client.
What are disbursements?
The two main categories of attorney's liens.
What are a retaining lien and a particular lien?
The prosecutor's primary objective.
What is ensuring that justice is done?
The preferred form of retainer recommended for attorneys.
What is a written retainer or engagement letter?
Two examples of authority commonly exercised during litigation.
What are accepting service, making admissions, producing documents, or receiving costs?
Three common examples of disbursements.
What are filing fees, expert fees, recording fees, valuation fees, or taxes?
The type of lien that secures all costs owed by the client.
What is a retaining lien?
Four examples of conduct that breaches the duty owed to the court.
What are misleading the court, failing to cite adverse authorities, assisting dishonesty, and abusing court processes?
Three ways a retainer may end.
What are completion of the matter, dismissal, death, incapacity, bankruptcy, or withdrawal for good cause?
The legal term describing a client's later approval of an unauthorized act.
What is ratification?
Four factors considered when determining a reasonable fee.
What are complexity, time, skill, urgency, value of the matter, importance to the client, and customary charges?
A client's document that generally cannot be retained under a lien.
What is a will?
An attorney finds a case that destroys his client's argument and intentionally keeps it from the court.
What is a breach of the duty owed to the court?
An attorney receives urgent telephone instructions and immediately acts without written authority.
: What is generally permissible in urgent circumstances, provided authority is confirmed later?
A lawyer files proceedings without the client's authority.
What could result in the proceedings being stayed or struck out and the attorney facing sanctions?
An attorney agrees to receive payment only if the client wins the case.
What is a prohibited contingency or "no win, no fee" arrangement?
A client dismisses her attorney while owing significant fees and demands immediate return of title deeds.
What is a situation where the attorney may assert a valid retaining lien, subject to any court order?