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

Model Rule of Professional Conduct 1.5(d) explicitly prohibits contingent fees in domestic relations matters, including divorce, alimony, or property settlement cases. Such agreements are deemed unethical because they could incentivize attorneys to prolong disputes or take positions that might hinder reconciliation, as their fee would depend on the size of the settlement.

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

Model Rule of Professional Conduct 1.5(d) strictly prohibits contingent fees in criminal cases. A lawyer's compensation cannot be made dependent on the outcome of a criminal proceeding, such as securing an acquittal or avoiding jail time for the client. This rule ensures that a lawyer's professional judgment remains uncompromised by a personal financial stake in the client's liberty.

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

While non-payment of fees can be a basis for withdrawal, a lawyer cannot withdraw if it would cause a material adverse effect on the client's interests, even with a prior consent clause. Model Rule of Professional Conduct 1.16 requires a lawyer to protect a client's interests upon termination, and a blanket clause allowing withdrawal anytime fees are unpaid, without considering the stage of the case or potential harm to the client, is generally not permissible.

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

Lawyers are generally permitted to accept bank credit cards for fee payments and to assist clients in obtaining bank loans for legal costs, provided these arrangements are reasonable and ethical. However, Model Rule 1.8(d) prohibits a lawyer from negotiating for literary or media rights to a portrayal or account based on the representation prior to its conclusion, as this creates a conflict of interest.

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

Model Rule of Professional Conduct 1.8(e)(1) allows a lawyer to advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter. Guaranteeing a client's promissory note for litigation expenses, such as investigation costs and medical tests, falls within this exception, especially when the client is indigent. This provision helps ensure access to justice for clients who cannot otherwise afford necessary litigation costs.

Lawyer Practice Test

Lawyer Practice Test

The Client-Lawyer Relationship Question and Answers