NOT frivolous b/c facts have not been fully substantiated/developed, OR unlikely to prevail, OR not warranted under existing law BUT good faith arguments for extension/modification/reversal of said law YES frivolous if w/o probable cause AND for purpose of harassing/ maliciously injuring person [CRPC 3-200(A)] (“embarrass, or delay [MR 4.4(a)]) burden” Client Firing Lawyer Judges are fond of saying, client has a right to discharge at any time, with “A or without cause” Client needs to be able to have faith/trust in lawyer, thus client decisions about firing lawyer need to be respected… BUT, in court disallows attempt to fire lawyer Ruskin v. Rogers, … client’s in midst of cross-examination b/c of disruption/delay of trial (avoid prejudice to other side, effect on judges’/lawyers’ calendars) What becomes of if disputed? lawyer’s fees If lawyer is paid hourly, fee is based on # of hrs. accrued If lawyer is paid on contingency, fee is based on 1 of 3 theories… lawyer recovers full contract price Contract Rule – lawyer recovers reasonable value of services Quantum Meruit – lawyer recovers reasonable value, BUT Modified Quantum Meruit – limited to no more than contract amount (no windfall for fired lawyer, no penalty for client who changes lawyers) If contingency lawyer withdraws, may recover on ONLY quantum meruit when lawyer can show for withdrawal (i.e. compliance “justifiable cause” w/ ethical rules, NOT financial motivation) Arbitration clause re: fee dispute is OK (even encouraged), so long as client is fully informed of scope/effect [MR 1.8 C.14] COMPETENCE & DILIGENCE Lawyer shall provide competent representation to client [MR 1.1] the application of reasonably necessary “Competent representation” (depending on subject matter) diligence, knowledge, skill, thoroughness, preparation, and mental/emotional/physical ability Failure to act competently intentionally, recklessly OR repeatedly failing to perform legal services w/ competence [CRPC 3-110(A)]
NOT frivolous b/c facts have not been fully substantiated/developed, OR unlikely to prevail, OR not warranted under existing law BUT good faith arguments for extension/modification/reversal of said law YES frivolous if w/o probable cause AND for purpose of harassing/ maliciously injuring person [CRPC 3-200(A)] (“embarrass, delay or burden” [MR 4.4(a)]) Client Firing Lawyer Judges are fond of saying, “A client has a right to discharge at any time, with or without cause” Client needs to be able to have faith/trust in lawyer, thus client decisions about firing lawyer need to be respected… … BUT, in Ruskin v. Rogers, court disallows client’s attempt to fire lawyer in midst of cross-examination b/c of disruption/delay of trial (avoid prejudice to other side, effect on judges’/lawyers’ calendars) What becomes of lawyer’s fees if disputed? If lawyer is paid hourly, fee is based on # of hrs. accrued If lawyer is paid on contingency, fee is based on 1 of 3 theories… Contract Rule – lawyer recovers full contract price Quantum Meruit – lawyer recovers reasonable value of services Modified Quantum Meruit – lawyer recovers reasonable value, BUT limited to no more than contract amount (no windfall for fired lawyer, no penalty for client who changes lawyers) If contingency lawyer withdraws, may recover on quantum meruit ONLY when lawyer can show “justifiable cause” for withdrawal (i.e. compliance w/ ethical rules, NOT financial motivation) Arbitration clause re: fee dispute is OK (even encouraged), so long as client is fully informed of scope/effect [MR 1.8 C.14] COMPETENCE & DILIGENCE Lawyer shall provide competent representation to client [MR 1.1] “Competent representation” the application of reasonably necessary (depending on subject matter) diligence, knowledge, skill, thoroughness, preparation, and mental/emotional/physical ability Failure to act competently intentionally, recklessly OR repeatedly failing to perform legal services w/ competence [CRPC 3-110(A)]