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EPISODE SUMMARY

The lawyer-client relationship creates enforceable professional duties. A lawyer must provide competent representation, act diligently, communicate adequately, respect the client’s authority over objectives, charge reasonable fees, safeguard client property, and withdraw when required or permitted by the rules.

Competence requires legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. A lawyer may accept a new type of matter if the lawyer can become competent through reasonable preparation or association.

Diligence requires prompt and committed attention to the client’s matter. Neglect, missed deadlines, abandonment, and unreasonable delay may violate professional duties.

Communication requires keeping the client reasonably informed, responding to reasonable requests, explaining matters sufficiently for informed decisions, and conveying important offers.

The client controls the objectives of representation, including settlement in civil cases and fundamental decisions in criminal cases. The lawyer generally controls tactical means but must consult and may not assist illegal or fraudulent conduct.

Fees must be reasonable. Contingent fees usually require a written agreement and are prohibited in certain matters, including criminal defense and some domestic-relations matters. Third-party payment is allowed only with informed consent, protection of lawyer independence, and confidentiality.

Client property must be safeguarded. Client funds must generally be kept separate in trust, records must be maintained, clients and third persons must be notified of received funds, and disputed funds must be held until resolved.

Withdrawal may be mandatory or permissive. A lawyer must withdraw when continued representation would violate law or rules, when impairment prevents competent representation, or when discharged. A lawyer may withdraw in other circumstances, but must avoid unnecessary harm to the client and comply with tribunal requirements.

The MPRE lesson is practical: once representation begins, the lawyer’s duties become concrete. The lawyer must know who the client is, what the client controls, what the lawyer must protect, and when professional duties override client demands.