Professional Documents
Culture Documents
Termination
Ending the attorney client
relationship
Termination
By mutual consent
By change of circumstances
Q. 2 22 p. 83 Electco
Must
Q. 2-22 p. 83 Electco
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11
Q. 2-25, p. 91
Are we neutral partisans?
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15
16
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18
19
20
FRCP 11
21
CLIENT-LAWYER RELATIONSHIP
22
Restatement 22
except when the client has validly
authorized the lawyer to make the
particular decision
Whether and on what terms to settle
a claim
How a criminal defendant should
plead
To waive a jury trial in a criminal case
Whether a criminal defendant should
testify
To appeal in
civil
proceeding
or
Ch. 2 -a
part.2
Basic elements
of
law practice
23
24
Restatement 23
A lawyer retains authority that
may not be overridden by the
client:
(1) to refuse to perform,
counsel, or assist acts the
lawyer reasonably believes to
be unlawful;
(2) to make decisions or take
actions the lawyer reasonably
believes to be required by law
Ch. 2 - part.2 Basic elements of
law practice
25
26
27
28
V. Competence
The biggest challenge
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Discipline
Q. 2-26 p.92
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31
33
34
35
Q. 2-30 p. 96
Although the associate prepared
diligently, the landlord lost the trial. Is
the attorney subject to discipline?
36
Q. 2-30 p. 96
Although the associate prepared
diligently, the landlord lost the trial. Is
the attorney subject to discipline?
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38
2-31, p. 97
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40
41
42
43
44
45
Civil liability
malpractice
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47
Malpractice Liability
Negligence
Breach of fiduciary duty
Standard of care rule, custom,
statute, protocols
Violation of rule or statute
Nonclients
Contract of Tort?
Firm and partner iability
Ch. 2 - part.2 Basic elements of
law practice
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
Professional Negligence
New York Pattern Jury
Instruction
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66
66
67
67
68
68
69
69
consequences.
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70
71
71
72
72
73
73
Restatement 3rd
The Law Governing
Lawyers
74
74
48 Professional Negligence--Elements
and Defenses Generally
a lawyer is civilly liable for
professional negligence to a
person to whom the lawyer owes
a duty of care within the
meaning of 50 or 51
Ch. 2 - part.2 Basic elements of
law practice
75
75
48 Professional Negligence--Elements
and Defenses Generally
if the lawyer fails to exercise
care within the meaning of 52
and
53,
unless the lawyer has a defense
within the meaning of 54.
Ch. 2 - part.2 Basic elements of
law practice
76
76
48 Professional Negligence--Elements
and Defenses Generally
In addition to the other possible
bases of civil liability described
in
49 [breach of fiduciary duty]
55 [contractual, restitutionary]
56 [general substantive law*]
* e.g. - crimes, conversion, fraud,
assault, civil rights, employment
discrimination, consumer
protection
Ch. 2 - part.2 Basic elements of
law practice
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78
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80
80
81
81
82
82
83
83
84
84
54, contd
Limiting Prospective Liability
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85
54, contd
Limiting Prospective Liability
86
86
Professional
Liability Insurance
Risk
87
87
Application
Coverage
Defense
Indemnification
Claims-made
Disclosures
Reporting
Deductibles
Limits
Aggregate
Per claim
Defense costs
Ch. 2 - part.2 Basic elements of
law practice
88
88
The Application
Nature of practice
Years of practice
Licensing status
Disciplinary history
Claim History
Potential claims
89
89
Potential claims
90
90
91
91
92
92
Administrator
Conservator
Receiver
Executor
Guardian
Trustee
or in any similar fiduciary
capacity
Ch. 2 - part.2 Basic elements of
law practice
93
93
Member of an
Accreditation
Ethics, peer review
Licensing
Standard review
Bar association or similar
professional board or committee
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94
COVERAGE
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95
96
96
97
97
98
98
99
99
100
100
101
101
102
102
Defense attorneys
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105
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