PROFESSIONAL RESPONSIBILITY
CLASS #3
RENEE NEWMAN KNAKE
@RENEEKNAKE
WWW.RENEEKNAKE.COM
ASSOCIATE PROFESSOR OF LAW, MICHIGAN STATE UNIVERSITY
“Today is where your book begins.”
--Natasha Bedingfield
Last time…
“One step at a time.”
Jordin Sparks
Next time: What’s the Point of
Learning Anything If We Have No
Clients? Read Susskind pages 1145, 230-284 and Knake pages
1-11 & 37-46
Professionalism
&
The Basic Elements
of Law Practice
Professor Renee Knake, Professional Responsibility
Today…
Creating and Ending the
Lawyer Client Relationship
“Today is where your book begins.”
--Natasha Bedingfield
Professor Renee Knake, Professional Responsibility
Morris v. Margulis & Grant, P.C., Morris v.
Margulis
Morris v. Margulis & Grant, P.C., Morris v.
Margulis
1.
2.
3.
“A client may form an attorney-client relationship
with more than one attorney or law firm on the
same matter.“
Need not be explicit, not dependent on time with
attorney, payment of fees, execution of contract,
consent of attorney, or actual employment.
Relationship turns on “the client’s belief”
Westinghouse Elec. Corp. v. Kerr-McGee
Corp.
Westinghouse Elec. Corp. v. Kerr-McGee
Corp.
1.
2.
“The client is no longer simply the person who walks
into a law office.”
“There are several fairly common situations where,
although there is no express attorney-client
relationship, there exists nevertheless a fiduciary
obligation or an implied professional relation.” See
pp 66-67
Board of Professional Responsibility of the
Supreme Court of Tennessee Formal Ethics
Opinion No. 96-F-140
Board of Professional Responsibility of the
Supreme Court of Tennessee Formal Ethics
Opinion No. 96-F-140
“Although counsel’s religious and moral beliefs are clearly fervently held,
EC 2-29 exhorts appointed counsel to refrain from withdrawal where a
person is unable to retain counsel, except for compelling reasons. …
[which do not include] the repugnance of the subject matter…, the identify
or position of a person involved…, the belief of the lawyer that the
defendant in a criminal proceeding is guilty, or the belief of the lawyer
regarding the merits of a civil case.”
Nathanson v. MCAD
Nathanson v. MCAD
1.
2.
3.
Jurisdiction not exclusive
Law office is place of public accommodation
Any First Amendment rights subordinate to
state interest in eliminating gender
discrimination
Whiting v. Lacara
Whiting v. Lacara
“We would normally be loath to allow an attorney to
withdraw on the eve of trial… However, the functional
conflict of interest…causes us to conclude that the
motion to withdraw should be granted.”
“Nobody said it was easy. It’s
such a shame for us to part.”
--Coldplay
Next time: What’s the Point of
Learning Anything If We Have No
Clients? Read Susskind pages 1145, 230-284 and Knake pages
1-11 & 37-46
#knakepr
Professor Renee Knake, Professional Responsibility