1. How is an attorney client relationship created and ended? Why does that matter?
An attorney client relationship is established either by express agreement or implicitly when a client
reasonably relies on the lawyer for legal advice. Model Rule 1.18 protects prospective clients, establishing
that initial consultations can also create limited duties. The relationship can end when the agreed legal
task is completed, by client termination, or by lawyer withdrawal under Rule 1.16, which allows for
withdrawal under certain conditions like conflict of interest or client misconduct. The process of creating
and ending this relationship matters to set clear boundaries regarding confidentiality, conflict of interest,
and fiduciary duties. It ensures ethical obligations are met while also protecting the lawyer from liability.
2. What is a “prospective” client? What obligations, if any, does a lawyer owe to a prospective client?
When does a prospective client become a current client?
A “prospective” client is someone who contacts a lawyer about possible representation without yet
forming a formal attorney client relationship. Model Rule 1.18 imposes limited confidentiality obligations
on the lawyer and restricts the lawyer from representing other clients with conflicting interests. A
prospective client becomes a current client if there’s mutual agreement on representation or if the lawyer
provides specific legal advice that establishes reliance.
3. How is the scope of a representation determined? What control does the lawyer have over determining
scope? What control does the client have?
The scope of representation is established through client lawyer agreement, as per Model Rule 1.2. Both
parties must agree on the objectives and extent of legal services provided. While the client defines the
goals, the lawyer maintains control over strategy and methods within those agreed objectives. This
shared control allows clients to set the case’s direction, but the lawyer may limit representation with
informed client consent.
4. According to the decision in the *Sitton* case, was Sitton acting as a lawyer? How did they reach that
determination? Do you think he had an attorney client relationship with his Facebook friend Lauren
Houston? Why/why not? What rules, if any, do you think he violated?
In *In re Sitton*The court found Sitton acted as a lawyer by providing specific legal advice to his Facebook
friend Lauren Houston, even without a formal attorney client agreement. Sitton’s advice—telling her how
to avoid court orders—established reliance and gave Houston a reasonable belief that he was acting in a
legal capacity. This created an implied attorney client relationship, despite the informal setting. Sitton
likely violated Rule 1.2(d) by advising Houston in a way that could assist criminal conduct and potentially
breached Rule 8.4, which prohibits behavior involving dishonesty or misrepresentation.
5. Which portions of the Model Rules relate to a lawyer’s duty to ensure access to justice? What do they
require?
Model Rules 6.1 and 6.2 reflect a lawyer’s duty to ensure access to justice. Rule 6.1 encourages lawyers
to provide pro bono services and set aside time or resources for individuals with limited means. Rule 6.2
requires lawyers to accept court appointments unless there’s a valid reason to decline, ensuring
representation for those unable to afford it or who need competent legal aid.
6. On what grounds may a lawyer refuse to accept an appointment by a court to represent someone?
Under Rule 6.2, a lawyer can refuse a court appointment if it would lead to a conflict of interest, if it
imposes an unreasonable financial burden, or if the lawyer has personal reasons that would hinder
effective representation. Refusals must align with ethical obligations, ensuring the lawyer’s competence
and commitment to the representation.
7. What grounds require a lawyer to withdraw from representing a client? What grounds permit a lawyer
to withdraw? What actions must a lawyer take at the end of the representation?
Mandatory withdrawal occurs under Rule 1.16 if continuing representation violates ethics rules or the
lawyer’s physical or mental condition impairs their ability to serve. Permissive withdrawal is allowed if the
client’s actions are criminal, fraudulent, or if the client breaches payment terms. When ending
representation, the lawyer must provide reasonable notice, return client property and funds, and take
steps to protect the client’s interests, as required by Rule 1.16(d).