The Client-Lawyer Relationship Question and Answers

Question 1

The customary retainer agreement for attorneys in divorce proceedings calls for the payment of a fee equal to one-third of the alimony or property settlement the attorney successfully negotiates.
Clients who object to this arrangement are not accepted as clients by the attorney.
Is the retainer agreement used by the attorney appropriate?

Accepted Answer

No, because the fee is contingent.

Answer

Yes, as many clients favor paying a lawyer's fee dependent on the case's outcome.

Answer

Yes, if a fee of one-third is not excessive.

Answer

No, since a lawyer is not permitted to acquire a proprietary interest in a claim.

Question 2

Attorney and Deft, the subject of a criminal proceeding, entered into a signed retainer agreement. Deft stipulated in writing that if Attorney was successful in keeping Deft out of jail, Deft would give Attorney title to Deft's car. The accusations against Deft were later dropped. Does Attorney face punishment for signing this retainer agreement?

Accepted Answer

Yes, as the attorney agreed to a fee that was dependent on how the criminal case turned out.

Answer

No, since a written retainer agreement was established.

Answer

Yes, since a lawyer is not permitted to obtain a proprietary interest in a client's assets.

Answer

No, because Deft's criminal charges were dropped.

Question 3

Attorney encountered a number of situations where clients didn't pay their fees on time, but it was too late to end the representation without harming the clients. Attorney has created a clause of consent to withdraw if fees are not paid in accordance with the fee agreement in order to prevent a repeat of this circumstance. She suggests having each client sign the clause at the beginning of the representation. Is it appropriate for the attorney to employ the clause that allows them to end a client's representation anytime they don't pay fees?

Accepted Answer

No, as a client's refusal to pay fees when due may not be sufficient to support withdrawal in and of itself.

Answer

No, unless they are given a chance to get their own legal counsel before signing the clause.

Answer

Yes, since a lawyer may resign when continuing the client's representation will cost significantly more money than what the parties had anticipated at the time of the fee agreement.

Answer

Yes, because the clients consented to the withdrawal in the stipulation.

Question 4

The lawyer wants to make it simpler for her clients to pay her fees. Which of the following best describes a lawyer? I. Take bank credit cards as payment for legal expenses. II. Make arrangements for clients to get bank loans so they can pay the attorneys' costs. 3. If a case is noteworthy, ask that the client provide the attorney the right to publish information about the case in exchange for a portion of the fee.

Accepted Answer

I and II, but not III

Answer

Neither I, II, nor III

Answer

II only

Answer

I, II, and III

Question 5

On a contingency fee basis, the attorney is defending Client, the plaintiff in a personal injury case. The client lacks the financial means to cover the costs of the investigation and the necessary medical tests to get ready for trial. Client requested that the attorney cover these costs. Attorney offered to guarantee Client's promissory note to a local bank in order to get the monies required to pay those expenditures but rejected to advance the funds. In the event that the attorney is held liable for the guaranty, the client has committed to pay the attorney back. If Attorney backs up the client's promissory note, would she face consequences?

Accepted Answer

No, because the funds will be used for trial preparation.

Answer

No, because Attorney took the case on a contingent fee basis.

Answer

Yes, because Attorney is lending her credit to Client.

Answer

Yes, because Attorney is helping to finance litigation.

Question 6

Despite living next door to one another, the plaintiff and defendant are savage rivals. Plaintiff accuses the defendant of trespassing and is suing him. Each party sincerely believes that his perspective is the right one. Attorney Alpha represents the plaintiff, and Attorney Beta represents the defendant. Plaintiff informed Alpha that he had hired Alpha "I don't want you to give the defendant or his attorney any delays or courtesies. I want you to be picky about every little detail." Beta has received a demand from Alpha to respond to written questions. Due to his secretary's illness, Beta has requested from Alpha an additional five days to respond to his questions. If Alpha agrees to Beta's request for a five-day extension, would she face punishment?

Accepted Answer

No, unless granting the extension would prejudice Plaintiff's rights.

Answer

No, because Beta was not at fault in causing the delay.

Answer

Yes, because Alpha is acting contrary to her client's instructions.

Answer

Yes, unless Alpha notifies Plaintiff first and gets Plaintiff's permission to grant the request.

Question 7

A seasoned oil and gas developer served as the client. Client requested legal counsel for assistance in a lawsuit to prove Client is the rightful owner of specific oil and gas royalties. Client lacked the resources required to cover the attorney's reasonable hourly fee for embarking on the case. Instead, the client suggested paying the attorney a sum equivalent to 20% of the total revenues from whatever first-year royalties the client would be entitled to as a consequence of the lawsuit in cash. The lawyer agreed to take the case and accepted the offering. Is Attorney liable for punishment?

Accepted Answer

No, as Attorney may agree to a reasonable contingency fee with the Client.

Answer

Yes, unless the amount of money the lawyer gets isn't lower than what they would have made if they'd charged a fair hourly rate.

Answer

Yes, as a result of the agreement's proprietary interest in the client's claim.

Answer

No, because Client rather than Attorney proposed the fee arrangement.