The Client-Lawyer Relationship · 10-16% of the exam

Night-before checklist

Chapter 5 · 7 items

Seven points, and the fifth is the one about asking the court first:

A fee isn't reasonable merely because the client signed; Rule 1.5(a)'s objective test applies regardless of client agreement.
A contingent fee for representing a defendant in a criminal case is prohibited without exception; no compliant writing can cure an absolute prohibition.
Every outside-firm fee split must satisfy all three Rule 1.5(e) conditions: division in proportion to services or with joint responsibility; client agreement, including each lawyer's share, confirmed in writing; and a reasonable total fee.
Mandatory withdrawal: only the four Rule 1.16(a) grounds compel it — continuing would itself require violating the Rules or other law; the lawyer's physical or mental condition materially impairs the representation; the lawyer is discharged; or, after the lawyer has explained the limits on assisting, the client or prospective client seeks to use or persists in using the lawyer's services to commit or further a crime or fraud — and the same four grounds bar accepting the matter in the first place.
Where applicable law requires notice to or permission of the tribunal, comply before terminating — a mandatory ground does not excuse that step, and a lawyer ordered to continue must continue.
Upon termination, take reasonably practicable steps to protect the client — reasonable notice, time to find new counsel, refund of unearned fees, return of papers — mandatory or voluntary departure alike, unfair discharge included.
Rule 5.6 bars a partnership, shareholders, operating, employment, or other similar type of agreement restricting post-departure practice (retirement-benefit conditions excepted) and a settlement conditioned on such a restriction; Rule 1.17 practice sales sit outside.

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