TOPIC G: CLIENTS’ RIGHTS 2016 P.R. Prof. Janicke

MAIN RIGHTS CORROLARY OF LAWYER’S DUTIES THE #1 TOPIC ON MPRE 2016TOPIC H -- CLIENTS' RIGHTS2

THE EASY ONES (TO UNDERSTAND) COMPETENCE TO DEAL WITH THE PARTICULAR MATTER AT HAND R. 1.1 THE SKILL CAN BE EITHER EXISTING OR TO-BE-ACQUIRED SHORTLY C4 [DILEMMA: DEDUCING WHAT SKILLS YOU WILL NEED] 2016TOPIC H -- CLIENTS' RIGHTS3

CAN YOU ENGAGE AN OUTSIDE-THE-FIRM HELPER-LAWYER? YES. R. 1.1 C6 BUT CLIENT’S “INFORMED CONSENT” IS NEEDED C6 –DEFINITION: LAWYER MUST EXPLAIN THE RISKS AND ALTERNATIVES R. 1.0(e) 2016TOPIC H -- CLIENTS' RIGHTS4

THIS PARTICULAR INFORMED CONSENT MUST DEAL WITH: ALLOCATION OF AUTHORITY R. 1.1 C7 FEE-SHARING R. 1.5(e) ETC. 2016TOPIC H -- CLIENTS' RIGHTS5

DILIGENCE R. 1.3 THE #1 OR #2 CAUSE OF GRIEVANCES, BAR SANCTIONS, and MALPRACTICE CLAIMS THESE ARE EASY QUESTIONS TO DEAL WITH ON MPRE –NOT SO EASY IN PRACTICE – PROCRASTINATION RULES 2016TOPIC H -- CLIENTS' RIGHTS6

INDEPENDENCE OF JUDGMENT IS ESSENTIAL TO THE RELATIONSHIP ESP. WHERE 3 RD PARTY IS TO PAY THE FEES –CLIENT MUST APPROVE R. 1.8(f) 2016TOPIC H -- CLIENTS' RIGHTS7

FREEDOM FROM CONFLICTS WITH OTHER CLIENTS’ INTERESTS TOPICS I and J WITH THE LAWYER’S OWN FINANCIAL OR PERSONAL INTERESTS TOPIC H PURPOSE: TO PRESERVE INDEPENDENT JUDGMENT 2016TOPIC H -- CLIENTS' RIGHTS8

OTHER RIGHTS TO KNOW THE ENGAGEMENT TERMS R. 1.5(b) –FEES, EXPENSES, LIMITATIONS, ETC. 2016TOPIC H -- CLIENTS' RIGHTS9

RIGHT TO COMMUNICATION R. 1.4 MUST KEEP CLIENT REASONABLY AND PROMPTLY INFORMED A BIG PROBLEM IN PRACTICE WE ALWAYS “MEAN TO” COMMUNICATE, BUT WE PUT IT OFF TO ATTEND TO OTHER THINGS 2016TOPIC H -- CLIENTS' RIGHTS10

AN EASY SOLUTION FOR COMMUNICATION DUTY FRANK’S RULE: NOTIFY CLIENT OF ALL HAPPENINGS, SAME DAY; ATTACH PERTINENT PAPERS EVEN IF YOU HAVE NOTHING YET TO RECOMMEND 2016TOPIC H -- CLIENTS' RIGHTS11

MALPRACTICE CLAIMS: NO QUIET SETTLEMENTS SETTLING CLIENT CLAIM AGAINST LAWYER REQUIRES ELABORATE ADVICE AND CONSENT R. 1.8(h)(2) –CANNOT BE DONE QUIETLY C 15 –EVEN POTENTIAL CLAIMS FALL UNDER THIS RULE R. 1.8(h)(2) 2016TOPIC H -- CLIENTS' RIGHTS12

WHAT YOU CAN DO MAKE AMENDS (W/O SETTLING) –WORKS BEST IN CONJUNCTION WITH PROMPT CONFESSION OF FAULT –SURPRISE TRIGGERS MANY MALPRACTICE CLAIMS 2016TOPIC H -- CLIENTS' RIGHTS13

DECISIONS DURING THE RELATIONSHIP HOW TO HANDLE THE CASE

CLIENT HAS THE FINAL SAY ON CERTAIN DECISIONS R. 1.2 (BUT CAN AUTHORIZE THE LAWYER TO DECIDE) SETTLEMENT TERMS WHAT PLEA IN A CRIMINAL CASE WHETHER TO TESTIFY IN A CRIMINAL CASE LAWYER ROLE IS USUALLY AS CONSULTANT 2016TOPIC H -- CLIENTS' RIGHTS15

OTHER DECISIONS MAINLY TACTICS R. 1.2 C 2, 3 LAWYER DECIDES, AFTER CONSULTATION WITH CLIENT BUT → 2016TOPIC H -- CLIENTS' RIGHTS16

CLIENT HAS THE POWER TO TERMINATE THE RELATIONSHIP AT ANY TIME FOR ANY REASON OR NO REASON R C4 FEES MAY BE DUE – DON’T TRY TO COLLECT THEM 2016TOPIC H -- CLIENTS' RIGHTS17

LAWYER CAN WITHDRAW SOMETIMES R BY PROVISION IN THE ENGAGEMENT AGREEMENT or 2.FOR CLIENT FRAUD OR ILLEGALITY R. 1.16(b)(3) or 3.“UNREASONABLY DIFFICULT” CLIENT R. 1.16(b)(6) or 4.ANY REASON, IF NO HARM TO CLIENT R. 1.16(b)(1) 2016TOPIC H -- CLIENTS' RIGHTS18

LAWYER MUST WITHDRAW IF LAWYER NO LONGER HAS PHYSICAL OR MENTAL CAPABILITY TO CONTINUE WITHOUT IMPAIRING THE REPRESENTATION R. 1.16(a) 2016TOPIC H -- CLIENTS' RIGHTS19

CAVEAT: WITHDRAWAL FROM A COURT CASE DEPENDS ON LOCAL LAW R. 1.16(c) USUALLY NEED THE JUDGE’S PERMISSION –IN ADDITION TO A RULE 1.16 GROUND 2016TOPIC H -- CLIENTS' RIGHTS20

RIGHT TO CONFIDENTIALITY R. 1.6 ADDRESSED IN TOPIC B RULES APPLY DURING AND AFTER 2016TOPIC H -- CLIENTS' RIGHTS21

RIGHT TO LAWYER’S FREEDOM FROM CONFLICTS –TOPIC H: LAWYER’S OWN INTEREST CONFLICT –TOPIC I: CONFLICT WITH OTHER CURRENT CLIENT’S INTEREST –TOPIC J: CONFLICT WITH FORMER CLIENT’S INTEREST 2016TOPIC H -- CLIENTS' RIGHTS22

SOME RIGHTS EVEN FOR PROSPECTIVE CLIENTS R TOPIC Q PRE-SYNOPSIS HERE: –NO USING OR REVEALING INFO, EXCEPT: WHEN INFO BECOMES GENERALLY KNOWN –NO TAKING ON ADVERSE FUTURE CLIENT, IN A RELATED MATTER, WHERE THE INFO COULD BE HARMFUL TO THE PROSPECTIVE PERSON 2016TOPIC H -- CLIENTS' RIGHTS23