Court & LawManage the client relationship
From the day you accept the case to the day it ends, you must be competent for it, agree on its scope, carry it through and stay loyal to the client when other interests appear. It follows Rules 1.1, 1.2, 1.3 and 1.7 of the Virginia Rules of Professional Conduct; the NextGen bar exam lists competence, scope, diligence and conflicts among the rules it tests with client relationship and management.
Free to startScenarios
- A matter in a field of law you have never handled.
- The client wants the representation limited to one part of the problem.
- Halfway through the case, a new matter creates a conflict with another client.
The steps
- Take the matter only if you have, or can reach by reasonable preparation, the knowledge, skill, thoroughness and preparation it requires, or associate with a lawyer of established competence in the field.
- Inquire into and analyze the factual and legal elements of the problem, with preparation in proportion to what is at stake.
- Agree with the client on the scope of the representation; limit its objectives only if the client consents after consultation.
- Take the actions impliedly authorized to carry out the representation.
- Act with reasonable diligence and promptness, and control your workload so that each matter is handled adequately.
- Carry through to conclusion every matter you undertake, unless the relationship is terminated under Rule 1.16.
- Use reasonable procedures to find the parties and issues in each matter and check for actual or potential conflicts of interest.
- If a concurrent conflict appears, continue only if each affected client consents after consultation, you reasonably believe you can represent each one competently and diligently, the representation is not prohibited by law and the consent is in writing.
- If the conflict arises after you took the case and it cannot be resolved that way, withdraw from the representation.
Safety rules that stop the station
- Never assert a claim for one client against another client you represent in the same litigation or proceeding.
- Never let business or personal interests affect the representation of the client.
- Never intentionally prejudice or damage the client during the relationship, except as Rules 1.6 and 3.3 require or permit.
To pass
- The lawyer is competent for the matter and its scope is agreed with the client.
- The matter is carried out promptly to its conclusion.
- Conflicts are checked and resolved with written consent or withdrawal.
Official source
Virginia Rules of Professional Conduct
Rules 1.1, 1.2, 1.3 and 1.7 of the Virginia Rules of Professional Conduct, with the official comments, published free by the Virginia State Bar.
Making Synapses is not affiliated with, sponsored by or endorsed by the NCBE, the American Bar Association, the Virginia State Bar or any jurisdiction. NextGen, UBE and MBE are trademarks of their respective owners and are named only to describe the exams.