Lawyer The Client-Lawyer Relationship 4 — Questions and Answers
Question 1: A lawyer agrees to represent two co-defendants in a criminal case. Midway through, one defendant's interests begin to conflict with the other's. The lawyer should:
- Continue representing both, prioritizing the client with the stronger defense
- Withdraw from representing at least one defendant, possibly both (Correct answer)
- Ask the court to appoint co-counsel for one defendant
- Obtain a new written consent and continue
Correct answer: Withdraw from representing at least one defendant, possibly both
When an actual conflict emerges between jointly represented clients in a criminal matter, Rule 1.7 typically requires the lawyer to withdraw from one or both representations.
Question 2: Which statement most accurately describes the scope of implied authority in the client-lawyer relationship?
- Lawyers may settle any case without client input
- Lawyers may take reasonable procedural steps incidental to achieving the client's authorized objectives (Correct answer)
- Lawyers have authority over all decisions in litigation
- Implied authority allows lawyers to waive substantive rights on the client's behalf
Correct answer: Lawyers may take reasonable procedural steps incidental to achieving the client's authorized objectives
Under Rule 1.2, implied authority covers procedural and incidental decisions necessary to carry out the representation, not decisions that affect the client's substantive rights.
Question 3: A lawyer drafts a contract for a business client and inadvertently includes a clause that later causes significant harm to the client. The lawyer may be liable for:
- Intentional misrepresentation only
- Legal malpractice if the error fell below the standard of care and caused damages (Correct answer)
- Nothing, since contract errors are not legal malpractice
- Disciplinary action only, with no civil liability
Correct answer: Legal malpractice if the error fell below the standard of care and caused damages
Legal malpractice requires showing the lawyer-client relationship existed, the lawyer's conduct fell below the applicable standard of care, and the breach caused actual damages.
Question 4: A client refuses to authorize a settlement offer the lawyer believes is very favorable. The lawyer should:
- Accept the offer on the client's behalf to protect the client's interests
- Advise the client of the lawyer's opinion but abide by the client's decision to reject (Correct answer)
- Withdraw immediately since the client is being unreasonable
- Notify opposing counsel that the client will likely settle later
Correct answer: Advise the client of the lawyer's opinion but abide by the client's decision to reject
Under Rule 1.2(a), the decision whether to settle belongs exclusively to the client; the lawyer may advise but must ultimately respect the client's decision.
Question 5: A lawyer who has been diagnosed with a serious physical illness continues to handle complex litigation without informing the client. Which Rule is most directly implicated?
- Rule 1.1 (Competence) and Rule 1.4 (Communication) (Correct answer)
- Rule 3.4 (Fairness to Opposing Party)
- Rule 1.8 (Conflict of Interest)
- Rule 8.4 (Misconduct)
Correct answer: Rule 1.1 (Competence) and Rule 1.4 (Communication)
A lawyer must maintain competence (Rule 1.1) and keep the client reasonably informed (Rule 1.4), including when a condition may materially affect the representation.
Question 6: Under what circumstances may a lawyer reveal confidential client information to prevent reasonably certain death or substantial bodily harm?
- Never; confidentiality is absolute
- Only with prior court approval
- To the extent the lawyer reasonably believes necessary to prevent the harm (Correct answer)
- Only if the client is the potential victim
Correct answer: To the extent the lawyer reasonably believes necessary to prevent the harm
Model Rule 1.6(b)(1) permits (but does not require) disclosure of confidential information to prevent reasonably certain death or substantial bodily harm.
Question 7: A lawyer asks a current client to sign a broad prospective waiver of all future conflicts of interest. Under the Model Rules, this waiver is:
- Always enforceable if signed voluntarily
- More likely enforceable if the client is sophisticated and the waiver is specific about known risks (Correct answer)
- Automatically void because prospective waivers are prohibited
- Only valid if approved by the state bar in advance
Correct answer: More likely enforceable if the client is sophisticated and the waiver is specific about known risks
Comments to Rule 1.7 indicate that prospective waivers may be effective, particularly when the client is sophisticated and the waiver specifically identifies the types of future conflicts waived.
Lawyer The Client-Lawyer Relationship 4
A lawyer agrees to represent two co-defendants in a criminal case.
Midway through, one defendant's interests begin to conflict with the other's.
The lawyer should: