1. TOPIC Q: (1) RELATIONSHIP WITH A PROSPECTIVE CLIENT (2) TERMINATING EXISTING CLIENT RELATIONSHIPS 2016 P.R. Prof. Janicke

2. (1) LAWYER DUTIES TO PROSPECTIVE CLIENTS R. 1.18 A DIFFICULT SUBJECT IN REAL LIFE HOW DO YOU DECIDE ON TAKING THE CASE/CLIENT IF YOU DON’T KNOW: –CLIENT’S CONFID. DISCLOSURE OF THE FACTS –CLIENT’S OBJECTIVES –CLIENT’S BUSINESS 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 2

3. WITHOUT THESE INFO ITEMS, HOW CAN YOU CLEAR CONFLICTS? 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 3

4. WHO IS A PROSPECT? A PERSON WHO CONSULTS ABOUT THE “POSSIBILITY” OF A LAWYER- CLIENT RELATIONSHIP R. 1.18(a) 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 4

5. INFORMATION MUST BE KEPT CONFIDENTIAL SAME EXTENT AS FOR A REAL FORMER CLIENT R. 1.18(b), and see R. 1.9 for real former BLOCKED FROM TAKING ON “SUBSTANTIALLY RELATED” MATTER FOR SOMEONE ELSE –UNLESS INFORMED CONSENT –CAN GET THIS UPFRONT R. 1.18 C5 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 5

6. SOME BAD CLIENTS SOME CLIENTS GO AROUND DELIBERATELY “CONFLICTING OUT” LAW FIRMS –FREQUENTLY, NO SIGNIFICANT WORK INVOLVED 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 6

7. AVOIDING THE PROSPECTIVE RELATIONSHIP THE RIGHTS SPRING FROM “CONSULTATION” WITH THE PROSPECT CAN AGREE TO NOT BE HAVING ANY SUCH CONSULTATION R. 1.18 C2, 4 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 7

8. NO BLOCKAGE IF NO INFO RECEIVED INFO THAT COULD BE HARMFUL AGAINST THE PROSPECT IF NO SUCH INFO COMMUNICATED, LAWYER CAN TAKE ON THE ADVERSE REPRESENTATION R. 1.18 C6 [GOOD LUCK WITH THIS!] 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 8

9. THE UNILATERAL CONVEYOR LAWYER IS PROTECTED AGAINST UNILATERAL, UNSOLICITED DIVULGING BY A PROSPECT DEEMED TO BE NOT A “CONSULTATION” BECAUSE NO REALISTIC EXPECTATION OF REPRESENTATION R. 1.18 C2 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 9

10. (2) TERMINATING AN EXISTING CLIENT RELATIONSHIP

11. ALLOWABLE FOR ANY ONE OF MANY REASONS BUT THE LAWYER MUST PROTECT THE CLIENT’S INTEREST DURING THE TERMINATION R. 1.16(d) –GIVE REASONABLE NOTICE –ALLOW TIME TO ENGAGE OTHER COUNSEL –SURRENDER CLIENT PAPERS 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 11

12. ALLOWABLE GROUNDS R. 1.16 1.WITHDRAWAL WILL NOT HAVE SERIOUS ADVERSE EFFECT or 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 12

13. EVEN WITH AN ADVERSE EFFECT: 2.CLIENT WANTS TO PURSUE FRAUDULENT OR CRIMINAL COURSE or 3.CLIENT HAS IN THE PAST USED LAWYER’S SERVICES TO COMMIT CRIME OR FRAUD or 4.CLIENT WANTS “REPUGNANT” COURSE or>>> 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 13

14. 5.CLIENT FAILS TO FULFILL OBLIGATION, e.g., TO PAY FEES or 6.CONTINUING ON WILL BE UNREASONABLE FINANCIAL BURDEN ON LAWYER (EVEN IF CLIENT IS CURRENT ON FEES) or 7.“OTHER GOOD CAUSE” 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 14

15. CLIENT’S REASONS FOR DISCHARGING LAWYER NO REASON NEEDED EVEN IF DISCHARGE IS UNFAIR, LAWYER MUST ASSIST AS MENTIONED ABOVE CLIENT MAY STILL BE OBLIGATED TO PAY EXISTING OR FUTURE FEES 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 15

16. DISCHARGE FROM CONTINGENCY-FEE CASE LAWYER’S RIGHT TO FUTURE FEE DEPENDS ON THE ENGAGEMENT CONTRACT CONTRACT USUALLY SAYS CLIENT REMAINS FULLY OBLIGATED UNLESS DISCHARGE IS “FOR CAUSE” 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 16

17. “NOISY WITHDRAWAL” LAWYER NOT ONLY WITHDRAWS, BUT ALSO ADVISES ADVERSE PARTIES NOT TO RELY ON WHAT LAWYER HAS SAID BEFORE (HENCE “NOISY”) USABLE ONLY TO PREVENT OR RECTIFY CRIME OR FRAUD 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 17

18. NOISY WITHDRAWAL DOES NOT PER SE ALLOW FOR REVELATION OF CLIENT CONFIDENCES STILL NEED A RULE 1.6 REASON FOR REVELATIONS TYPICALLY, NOISY WITHDRAWAL IS AN ALTERNATIVE TO REVELATION 2016(1) PRE-CLIENTS AND (2) TERMINATIONS 18