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Legal Pro Rules, Legal Pro

Terms in this set (95)

distinguishes between situations where early termination is mandatory and those where it is permissive:
1. When client fires the lawyer
a. Lawyer must withdraw if the client fires the lawyer
b. A lawyer must withdraw if the lawyer's illness or loss of capacity would materially impair the representation
2. When continued representation would involve unethical conduct
a. Lawyer must withdraw if representation will require the lawyer to violate the law, including the state's rules of professional conduct
b. If the client has already used the lawyer's services to commit a crime or fraud but continued representation will not result in a new or continuing crime or fraud, the lawyer may withdraw but it not required to do so
3. When the lawyer wants to terminate the relationship
a. Rule 1.16(b)(1) offers the broadest opportunity for exit:
i. The lawyer may withdraw if it is possible to do so "without material adverse effect on the interests of the client"
1. Examples - right before trial; no other lawyer available; complex transactional matter
4. Matters in Litigation
a. If a lawyer has filed suit on behalf of a client or entered an appearance in a matter in litigation, the lawyer generally cannot withdraw from representation of the client without permission from the court that is to hear the case - Rule 1.16(c)
b. In a civil case, the lawyer must apparently obey the court's ruling even if she is thereby forced to violate an ethics rule, at least in states that have adopted the ABA's Model Rules
A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client
• May occur in person or through written or electronic communications
(B) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client
(C) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter, except as provided in paragraph (d)
(D) When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if:
1. Both the affected client and the prospective client have given informed consent, confirmed in writing, or
2. The lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent a prospective client; and
a. The disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
b. Written notice is promptly given to the prospective client