Beginning and Ending the Lawyer-Client Relationship

Restatement (3d) of the Law Governing Lawyers, Section 14 A relationship of client and lawyer arises when: (1)A person manifests to a lawyer the person’s intent that the lawyer provide legal services for the person; and either (a) the lawyer manifests to the person consent to do so; or (b) the lawyer fails to manifest lack of consent to do so, and the lawyer knows or reasonably should know that the person reasonably relies on the lawyer to provide the services....

MR 1.18(b): Duties to Prospective Client – p. 74 Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client.

Restatement, Section 15 – A Lawyer’s Duties to a Prospective Client (1)When a person discusses with a lawyer the possibility of their forming a client-lawyer relationship for a matter and no such relationship ensues, the lawyer must:... (c) use reasonable care to the extent the lawyer provides the person legal services.

Restatement, Section 14, Comment b...Lawyers generally are as free as other persons to decide with whom to deal, subject to generally applicable statutes such as those prohibiting certain kinds of discrimination. A lawyer, for example, may decline to undertake a representation that the lawyer finds inconvenient or repugnant....

MR 1.2, comment 5 – p. 14 Legal representation should not be denied to people who are unable to afford legal services, or whose cause is controversial or the subject of popular disapproval. By the same token, representing a client does not constitute approval of the client’s views or activities.

MR 6.2, comment 1 – p. 119 A lawyer ordinarily is not obliged to accept a client whose character or cause the lawyer regards as repugnant. The lawyer’s freedom to select clients is, however, qualified. All lawyers have a responsibility to assist in providing pro bono publico service. See Rule 6.1. An individual lawyer fulfills this responsibility by accepting a fair share of unpopular matters or indigent or unpopular clients.

CAL. BUS. & PROF. CODE § 6068(h) – p. 672 It is the duty of an attorney to do all of the following:... (h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed.

MR ACCEPTING APPOINTMENTS – pp A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as: (a)representing the client is likely to result in violation of the Rules of Professional Conduct or other law; (b)representing the client is likely to result in an unreasonable financial burden on the lawyer; or (c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer’s ability to represent the client.

MR 1.16(c) – p When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

Cal. Bus. & Prof. Code § 6103 – p. 678 A willful disobedience or violation of an order of the court requiring him to do or forbear an act connected with or in the course of his profession, which he ought in good faith to do or forbear... constitute[s] causes for disbarment or suspension.

MODEL RULE 1.16 (a) – p. 67 (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the rules of professional conduct or other law; (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or (3) the lawyer is discharged.

CRPC 3-700(B) – p. 655 B) Mandatory Withdrawal. A member representing a client before a tribunal shall withdraw from employment with the permission of the tribunal, if required by its rules, and a member representing a client in other matters shall withdraw from employment, if: (1) The member knows or should know that the client is bringing an action, conducting a defense, asserting a position in litigation, or taking an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person; or (2) The member knows or should know that continued employment will result in violation of these rules or of the State Bar Act; or (3) The member's mental or physical condition renders it unreasonably difficult to carry out the employment effectively.

MR 1.3 DILIGENCE – p. 16 A lawyer shall act with reasonable diligence and promptness in representing a client.

MR 1.7(a) – Conflict of Interest: Current Clients – p. 28 (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1)The representation of one client will be directly adverse to another client; or (2)There is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer

MR 3.1 MERITORIOUS CLAIMS AND CONTENTIONS - p. 81 A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

Model Rule 3.1, comment 2 The filing of an action or defense or similar action taken for a client is not frivolous merely because the facts have not first been fully substantiated or because the lawyer expects to develop vital evidence only by discovery. What is required of lawyers, however, is that they inform themselves about the facts of their clients’ cases and the applicable law and determine that they can make good faith arguments in support of their clients’ positions.

CRPC – p. 646 A member shall not seek, accept, or continue employment if the member knows or should know that the objective of such employment is: (A)To bring an action, conduct a defense, assert a position in litigation, or take an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person; or (B)To present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of such existing law.

CAL. BUS. & PROF. CODE § 6068(c) – p. 671 It is the duty of an attorney to do all of the following:... (c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.

Three Bases for Determining Fee When Attorney is Terminated Without Cause (1)Contract Rule – attorney recovers full contract price (2)Quantum Meruit – attorney recovers reasonable value of his/her services. (3)Modified Quantum Meruit – attorney recovers reasonable value of his/her services, but is limited to no more than contract amount.

MR 1.16(b)(5) – p. 68 (b)Except as stated in paragraph (c), a lawyer may withdraw from representing a client if:... (5)The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;

CRPC 3-700(C) – p. 655 [Unless mandatory withdrawal is applicable], a member may not request permission to withdraw in matters pending before a tribunal, and may not withdraw in other matters, unless such request or such withdrawal is because: (1)The client... (f)breaches an agreement or obligation to the member as to expenses or fees.

CRPC 3-700(A)(1) – page 654 If permission for termination of employment is required by the rules of a tribunal, a member shall not withdraw from employment in a proceeding before that tribunal without its permission.

MR 1.16(c) – p. 68 A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

MR 1.16(d) – p. 68 Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not bee earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by law.

CRPC 3-700(A)(2) – page 654 A member shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights to the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule (D), and complying with applicable laws and rules.

CRPC 3-700(D) Papers, Property and Fees – page 656 A member whose employment has terminated shall: (1)Subject to any protective order or non- disclosure agreement, promptly release to the client, at the request of the client, all the client papers and property.... (2)Promptly refund any part of a fee paid in advance that has not been earned....

CRPC 4-100(B) – p. 658 A member shall:... (3) Maintain complete records of all funds, securities and other properties of a client coming into the possession of the member of law firm and render appropriate accounts to the client regarding them; preserve such records for a period of no less than five years after final appropriate distribution of such funds or properties....