I. Formation of Attorney Client Relationshipa. Court appointment

i. You shall not seek to avoid appointment unless you have good cause.

1. What counts as good cause? a. If representation would result in violation of

Rule of PR, then you must turn it down. b. Unreasonable financial burden on attorney.

i. You can be forced to work at a lower fee (don’t care about the differences in pay)

ii. You can be forced to forego other business opportunities.

iii. Can not be forced to negate duties you currently owe to clients (depends on facts)

iv. Financial burden means that sacrifice has to be unjust. (Soooooo extreme)

1. Ex. living 250 miles away from client and having to travel there 3-4 times a week.

c. Cause so repugnant as to impair attorney’s ability to represent client.

b. Implied Formation i. “Promissory contract”

1. Conduct of parties (especially lawyer) lead to unreasonable expectation f representation. How reasonable was client’s reliance?

ii. Can occur when two things happen:1. Potential client manifesting intent to be represented2. Lawyer manifests consent or fails to manifest lack of

consent. iii. Example

1. Client comes to potential lawyer looking for representation, believes that he is interested. In reality, lawyer was implicitly telling her that he wasn’t interested in the case. Court said that he should have represented.

a. Attorney has burden of clarity. Clients have no idea what your intention is.

c. Discriminationi. Discriminatory law firms

1. Divorce lawyer only represented women. She got fucked.

II. Terminationi. Client discretion and client protection are key.

ii. Lawyer can be fired at anytime, and even then, you still have duty to client to protect their interest. Suppress emotions to take client down.

1. Some rulesa. Withdraw from case legallyb. Return unused funds

b. Mandatoryi. Attorney shall withdraw if discharged.

c. Permissive

AllocationObjectives

Accepting settlement offers is strictly up to the clientMeansAssistance

Fees

Three types of marketingWhen you get a hypo first ask what kind of communication this is (general, real time, or targeted solicitation)

(1) general advertising (on the bus, ext) intended for the general public to try to entice those who might be interested in your service to call you

i. genaraly made to public at large rather than people known to be in need of legal services

1. usually in the form of print or electronic(2) In person solicitation (or real time) direct contact with a particular prospective client

-now includes being in chat room(3) targeted solicitation - communication the lawer makes not in real time or in person to a group of people with an identifiable need for legal service

Constitutional protectionsModel Rules

Traditional view Push to withstand old thinking of soliciting giving a bad rep to lawyer and caused to stir up litigation.Not as big a deal for big firms as small firms

Under first amendment you can advertise, but there were limitsNo false or deceptive advertisementsClaims of the quality of representation (because they are inherently subjective)

Advertisements: MR 7.1 & 7.27.1

applicable to all rules (any form of solicitation)no false or misleading

obligation to be truthful and fully truthful (cant omit facts and 7.2

WhoWhatUnjustified Expectations

In Person/Real time solicitationA lawyer can take out advertisements, but there are some limitations7.3

no real time or electronic solicitation, unless Especially when the main reason is for money, and if main reason isn’t money, you can do real time solicitation.

Targeted Solicitations

I. The duty of confidentialitya. Rationaleb. Exceptions

i. Consentii. Death or substantial bodily injury

iii. Financial and property harmsiv. Compliancev. Self-defense

II. California Confidentialitya. Strictest most comprehensive confidentiality rulesb. Courts now have a few exceptions

i. Consentii. Self-defense

iii. Death or substantial bodily injury from criminal act (not tortious act)

Attorney-client privilegeRestatement 68 Elements

CommunicationsMade in confidenceBTW privileged personsFor legal advice

Work product doctrineExceptions

Crime/fraudWaiver 5 ways

1.2.3.4.5.