The Client-Lawyer Relationship
This topic covers formation, scope, client authority, lawyer means, lawful counseling, termination, client contracts, communication, and fees.
How to study for the MPRE
Treat each item as a professional responsibility priority problem: identify the lawyer's role, client status, duty, exception, consent issue, and best ethical action.
Core concepts
Concept 1
A client-lawyer relationship can form through reasonable expectations, not only a signed agreement.
Exam cue: Ask whether a reasonable person would think representation began.
Concept 2
Clients decide objectives; lawyers generally decide means after consultation.
Exam cue: Separate client objectives from lawyer tactical means.
Concept 3
Fees, communication, scope limits, and termination must satisfy reasonableness and rule requirements.
Exam cue: For fees, look for reasonableness, communication, writing, and conflicts.
Risk pitfalls and guardrails
Assuming no representation exists because no fee was paid.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Letting the lawyer override client settlement authority.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Using unreasonable or undisclosed fee terms.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Memory anchors
Formation
A client-lawyer relationship can form when a person reasonably relies on legal services.
Scope
Scope defines what legal work the lawyer has agreed to perform.
Client Objectives
Clients decide objectives such as settlement, plea, and fundamental goals.
Lawyer Means
Lawyers generally choose tactical means after appropriate consultation.
Lawful Counseling
A lawyer may discuss legal consequences but must not assist crime or fraud.
Termination
Termination can be mandatory, permissive, or by client discharge.
Client Contract
Client-lawyer contracts must satisfy professional-conduct limits.
Communication
Communication keeps the client reasonably informed and supports decisions.
Fee Reasonableness
Fees must be reasonable under the circumstances.
Contingent Fee
Contingent fees require special writing and are prohibited in certain matters.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A visitor tells a lawyer about an impending filing deadline and asks whether the lawyer will handle it. The lawyer says, “I’ll take care of the filing,” gives case-specific advice, and does not mention any further intake step. The visitor reasonably relies. Has a client-lawyer relationship formed?
A client asks a lawyer to handle an entire contract dispute. Without discussing it, the lawyer decides to review documents only and leaves the client to manage negotiations and deadlines. Is that limitation effective?
Answer all questions to submit.
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Continue learning
Move forward only after this module is stable.
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