professional responsibility class #3

PROFESSIONAL RESPONSIBILITY

CLASS #3

RENEE NEWMAN KNAKE@RENEEKNAKE

WWW.RENEEKNAKE.COMASSOCIATE PROFESSOR OF LAW, MICHIGAN STATE UNIVERSITY

“Today is where your book begins.”

--Natasha Bedingfield

Professor Renee Knake, Professional Responsibility

“One step at a time.”

Jordin Sparks

Last time…

Professionalism &

The Basic Elements

of Law Practice Next time: What’s the Point of Learning Anything If We Have No Clients? Read Susskind pages 1-145, 230-284 and Knake pages 1-11 & 37-46

Professor Renee Knake, Professional Responsibility

Creating and Ending the Lawyer Client Relationship

Today…

“Today is where your book begins.”

--Natasha Bedingfield

Morris v. Margulis & Grant, P.C., Morris v. Margulis

Morris v. Margulis & Grant, P.C., Morris v. Margulis1. “A client may form an attorney-

client relationship with more than one attorney or law firm on the same matter.“

2. Need not be explicit, not dependent on time with attorney, payment of fees, execution of contract, consent of attorney, or actual employment.

3. Relationship turns on “the client’s belief”

Westinghouse Elec. Corp. v. Kerr-McGee Corp.

Westinghouse Elec. Corp. v. Kerr-McGee Corp.1. “The client is no longer simply

the person who walks into a law office.”

2. “There are several fairly common situations where, although there is no express attorney-client relationship, there exists nevertheless a fiduciary obligation or an implied professional relation.” See pp 66-67

Board of Professional Responsibility of the Supreme Court of Tennessee Formal Ethics Opinion No. 96-F-140

Board of Professional Responsibility of the Supreme Court of Tennessee Formal Ethics Opinion No. 96-F-140“Although counsel’s religious and moral beliefs are clearly fervently held, EC 2-29 exhorts appointed counsel to refrain from withdrawal where a person is unable to retain counsel, except for compelling reasons. … [which do not include] the repugnance of the subject matter…, the identify or position of a person involved…, the belief of the lawyer that the defendant in a criminal proceeding is guilty, or the belief of the lawyer regarding the merits of a civil case.”

Nathanson v. MCAD

Nathanson v. MCAD

1. Jurisdiction not exclusive2. Law office is place of public

accommodation3. Any First Amendment rights

subordinate to state interest in eliminating gender discrimination

Whiting v. Lacara

Whiting v. Lacara

“We would normally be loath to allow an attorney to withdraw on the eve of trial… However, the functional conflict of interest…causes us to conclude that the motion to withdraw should be granted.”

Professor Renee Knake, Professional Responsibility

“Nobody said it was easy. It’s such a shame for us to part.”

--ColdplayNext time: What’s the Point of Learning Anything If We Have No Clients? Read Susskind pages 1-145, 230-284 and Knake pages 1-11 & 37-46

#knakepr