Defining "Client" in Ethics Rules

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dougroberts
Posts: 223
Joined: Mon Jun 28, 2010 11:18 am

Defining "Client" in Ethics Rules

Postby dougroberts » Sat Nov 13, 2010 2:17 pm

Where, if anywhere, is there a definition as to who is a (current) client and who is not in the ABA Model Rules or Restatements of Governing Lawyers?

I see ABA Rule 1.13 defines an "organization as a client" and ABA Model Rule 1.18(a) defines "prospective client."

My prof always likes everything defined on the final exams, so I would like a rule that specifies what is a client. In some cases, who is the client can be tricky.

RW65
Posts: 152
Joined: Thu Apr 15, 2010 11:58 pm

Re: Defining "Client" in Ethics Rules

Postby RW65 » Sun Nov 14, 2010 3:09 pm

There is nothing in the Model Rules that assist in determining when someone is a client. The test that I have from my professor is:

- Does this person believe they are your client?
- If so, is this belief reasonable under the circumstances?
- Always answer these questions from the "client's" perspective.

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king3780
Posts: 349
Joined: Mon Oct 27, 2008 2:12 pm

Re: Defining "Client" in Ethics Rules

Postby king3780 » Sun Nov 14, 2010 9:42 pm

RW65 wrote:There is nothing in the Model Rules that assist in determining when someone is a client. The test that I have from my professor is:

- Does this person believe they are your client?
- If so, is this belief reasonable under the circumstances?
- Always answer these questions from the "client's" perspective.

+1. That's basically the test my prof gave us.




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