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- Appointment would cause violation of law or RPC
- Appointment would be an unreasonable financial burden
- Personally unable to represent the client effectively
- Lack legal knowledge necessary for representation - ✔✔Can't get out of court appointment unless
good cause, such as
- Bias or personal knowledge of relevant facts
- Prior involvement in the case
- Judge or family member has economic interest in the case
- Family member is involved in the proceeding (anything closer than cousins)
- Excessive contributions to judge's election campaign
- Judge publicly committed to a position or result (at any point) - ✔✔Judicial - Grounds for
disqualification (6)
- Have probable cause
- Ensure accused is advised of right to counsel and how to get counsel
- Ensure the accused is given an opportunity to get counsel
- Not attempt to get accused to waive important pretrial rights
- Disclose evidence favorable to the defendant - ✔✔Prosecutors must (5)
%
- Lead to frequent disqualification
- Interfere with judicial duties
- Violate the CJC
- accept appointment to government committees and commissions unless it relates to law
- participate in gov hearings and consultations unless it relates to law or the administration of justice
- May not serve as officer, director, manager, general partner, advisor, or employee of a business
- testify as a character witness unless duly subpoenaed.
- serve as executors, administrators, agents (except for own family) - ✔✔What judges can't do:
extrajudicial activities that will
- May advance (not pay) client court costs and litigation expenses (including making repayment
contingent on outcome of the case)
- Indigent clients only - can pay court costs and expenses.
- Indigent clients only, REPPED PRO BONO - can provide clients with modest gifts for basic living
expenses (but can't advertise you will and can't seek reimbursement). - ✔✔Exceptions to prohibition
on financial assistance to client in litigation (3)
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- Necessary to prevent death or substantial bodily harm (e.g. client suicide, or other person by client's
action)
- Prevent financial injury to another if your services are used/has used in furtherance of the crime or
fraud
- Defend self in dispute concerning your own conduct (often fee dispute or malpractice claim)
- Obtain legal ethics advice
- Detect and resolve conflicts of interest due to an organizational change.
(Basically can only give client names and summaries, very limited._
- Comply with court order or law - ✔✔Exceptions to duty of confidentiality (all permissive, not
mandatory) (6)
- not legal services
- protections of lawyer-client relationship don't apply - ✔✔When a lawyer owns or controls a separate
entity, the lawyer must take reasonable steps to ensure the recipients understand (2)
- Person has made known that they do not want to be solicited
- Solicitation amounts to coercion, duress, or harassment
- Specific legal restrictions (civil or criminal penalties) - ✔✔instances when all solicitation is banned
(3)
%
- same transaction or legal dispute; or
- substantial risk confidential info would materially advance new client's case.
However, if a lawyer routinely handled a type of problem for a former client, the lawyer may later
oppose that former client in a factually distinct problem of the same general type. - ✔✔"substantially
related"
- sell entire practice or entire practice area of practice.
- give written notice to all clients if selling, including notice of sale, right to obtain other counsel/take
possession of files, and consent to transfer file to buyer
- cannot continue to practice in the local area (or in the practice group in the location) - ✔✔When
selling the entire practice or the entire area of practice, the selling lawyer must
- Tell client not to do it; but if they do
- Motion to withdraw
- Tell the court --> But some states approve the narrative approach - ✔✔If you KNOW a criminal
defendant will testify falsly, what do you do?
-Any reason if no material adverse effect (no big deal)
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[For the rest of the grounds, we assume there would be a material adverse effect.]
-Client doing something criminal or fraudulent involving lawyer's services.
-Client used lawyer's services in past crime or fraud.
-Client's actions are repugnant (fundamental disagreement)
-Client makes representation unreasonably difficult (e.g. consistently lying)
-Client hasn't paid and you have warned them.
-Unreasonable financial burden.
-Other good cause (catch all) - ✔✔Permissive grounds for withdrawal (8)
-Case status updates
-Game plan
-Response to reasonable requests for info
-Anything that requires informed consent promptly (e.g. final decisions, conflicts of interest) -
✔✔Required communications with client
-Client wants you to help them in a future crime or fraud (and then does so)
-Self-protection
%
-Litigation between former joint clients
-Competency or intent of a deceased client - ✔✔Exceptions to ACP (4)
-criminal cases
-domestic relations cases (except for collection cases of alimony, contingencies are permitted) -
✔✔What circumstances are contingent fees not permitted in? (2)
-ID
-communications not made for legal assistance
-pre-existing docs or records - ✔✔What does the ACP not cover? (3)
-in writing
-signed by the client
-must disclose: who is paying the expenses, how the fee will be calculated, which expenses will be
deducted and when - ✔✔contingent fee requirements
-lawyer and client agree
-implied assent and reasonable reliance
-court appointment - ✔✔3 ways the lawyer-client relationship is formed
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