Lawyer The Client-Lawyer Relationship 3 — Questions and Answers
Question 1: A client with diminished mental capacity insists on a course of action the lawyer believes is against the client's best interests. What should the lawyer do first?
- Immediately seek a guardian to replace the client
- Follow the client's instructions regardless of capacity concerns
- Try to maintain a normal client-lawyer relationship while protecting the client's interests (Correct answer)
- Withdraw from the representation
Correct answer: Try to maintain a normal client-lawyer relationship while protecting the client's interests
Model Rule 1.14 instructs lawyers to maintain a normal relationship as far as possible and take protective actions only when reasonably necessary.
Question 2: Under Model Rule 1.5, which factor is generally NOT relevant to determining whether a fee is reasonable?
- The experience and reputation of the lawyer
- The amount involved and results obtained
- The personal financial situation of the lawyer (Correct answer)
- The time and labor required
Correct answer: The personal financial situation of the lawyer
The lawyer's personal financial needs are not among the eight factors listed in Rule 1.5 for assessing fee reasonableness.
Question 3: When is a contingency fee arrangement expressly prohibited under the Model Rules?
- In complex commercial litigation
- In domestic relations matters where the fee depends on securing a divorce (Correct answer)
- In personal injury cases where liability is disputed
- When the client cannot afford an hourly rate
Correct answer: In domestic relations matters where the fee depends on securing a divorce
Model Rule 1.5(d) prohibits contingency fees in domestic relations cases where the fee is contingent on securing a divorce or on the amount of alimony or property settlement.
Question 4: A lawyer receives a $10,000 advance fee from a client. Before any work is performed, the client terminates the engagement. The lawyer must:
- Keep the full retainer as agreed in the fee agreement
- Return the unearned portion of the advance fee promptly (Correct answer)
- Apply the full amount to fees for potential future services
- Deposit the amount in the operating account and notify the client
Correct answer: Return the unearned portion of the advance fee promptly
Model Rule 1.16(d) requires the lawyer to promptly return any unearned advance fees upon termination of the representation.
Question 5: A lawyer represents a client in a contract dispute. The client asks the lawyer not to reveal any information about the case to anyone. Opposing counsel calls to request a brief extension. The lawyer may:
- Deny the extension without informing opposing counsel why
- Agree to the extension since granting it does not reveal confidential information (Correct answer)
- Refuse to communicate with opposing counsel without client consent
- Seek court direction before responding
Correct answer: Agree to the extension since granting it does not reveal confidential information
Agreeing to a routine scheduling accommodation does not disclose confidential client information, so the lawyer may act without violating Rule 1.6.
Question 6: A lawyer who is a sole practitioner plans an extended vacation. Under the Model Rules, what should the lawyer do regarding active client matters?
- Notify clients only if proceedings are scheduled during the absence
- Make arrangements to ensure clients' matters are handled and notify them appropriately (Correct answer)
- Suspend all active matters until return
- Refer all clients to other lawyers without prior notice
Correct answer: Make arrangements to ensure clients' matters are handled and notify them appropriately
Rule 1.3 (diligence) and Rule 1.4 (communication) require a lawyer to ensure clients' matters are covered and clients are informed of any absence affecting their representation.
Question 7: A client asks a lawyer to keep $5,000 in trust as a 'retainer' for future work. If unearned after six months of inactivity, the lawyer should:
- Transfer it to the operating account since six months have passed
- Return it to the client if no services were rendered (Correct answer)
- Keep it as an earned flat fee for availability
- Seek a court order authorizing disbursement
Correct answer: Return it to the client if no services were rendered
Unless the retainer was clearly designated as a non-refundable availability fee under appropriate circumstances, unearned funds must be returned to the client.
Lawyer The Client-Lawyer Relationship 3
A client with diminished mental capacity insists on a course of action the lawyer believes is against the client's best interests.
What should the lawyer do first?