Lawyer-Client Relationship

The Client-Lawyer Relationship

Lawyers practicing in Texas are required to comply
with the TEXAS DISCIPLINARY RULES OF
PROFESSIONAL CONDUCT ("Disciplinary Rules").
(TO SEE THE CURRENT Rules CLICK ON THIS LINE)

Lawyers practicing in Texas are required by statute to
provide a specific notice to their clients of the
existence of the grievance process. (TO SEE THE
NOTICE IN ENGLISH CLICK ON THIS LINE) (TO SEE
THE NOTICE IN SPANISH CLICK ON THIS LINE)

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In Texas, the Client-Lawyer relationship is a
contractual relationship, whereby the Lawyer agrees
to render professional services for the Client, see
Yaklin vs Glusing, Sharpe & Kreuger, 875 S.W.2d 380,
385 (Tex.App.-Corpus Christi 1994, no pet).

In Texas a fiduciary relationship exists between
Client and Lawyer and the Lawyer is obligated to
render a full and fair disclosure of all facts material to
the Client's representation, see Willis v. Maverick, 760
S.W.2d 642, 645 (Tex.1988).

THE LAWYER'S DUTIES TO THE CLIENT IN GENERAL:
In matters within the scope of the representation, generally, a Lawyer must:

(1) proceed in a manner reasonably calculated to advance a Client's lawful objectives, as defined

by the Client after consultation;

(2) act with reasonable competence and diligence;

(3) comply with obligations concerning the Client's confidences and property, avoid

impermissible conflicting interests, deal honestly with the Client and not employ advantages

arising from the Client- Lawyer relationship in a manner adverse to the client; and

(4) fulfill valid contractual obligations to the Client

see the Restatement (Third) of the Law Governing Lawyers (American Law Institute, 2000-the
“Restatement”-(TO SEE MR. AYCOCK'S EXCERPT, CLICK ON THIS LINE)), §16

THE CLIENT'S DUTIES TO THE LAWYER IN GENERAL:
Generally, the Client owes the Lawyer the same duties the Client owes third persons, such as the duty
to avoid actionable misrepresentation, See the Restatement, Comment a to §17. In matters within the
scope of the representation, generally, the Client must:

(1) compensate

the

awyer for services and expenses;

(2) indemnify the

awyer for liability to which the

lient has exposed the

awyer without the

awyer's

fault; and

(3) fulfill any valid contractual obligations to the

awyer

See the Restatement, §17

As to Client-Lawyer Contracts, generally:

(1) A contract between a Lawyer and Client concerning the Client-Lawyer relationship, including

a contract modifying an existing contract, may be enforced by either

party if the contract meets

other applicable requirements, except that:

(a) if the contract or modification is made beyond a reasonable time after the Lawyer has

begun to represent the Client the Client may avoid

the contract

unless the Lawyer shows

that the

contract and the circumstances of its formation were fair and reasonable to the

Client; and

(b) if the contract is made after the Lawyer has finished providing services, the Client may

avoid

the contract

if the Client was not informed of facts needed to evaluate the

appropriateness of the

Lawyer's compensation or other benefits conferred on the Lawyer

by the contract.

(2) A tribunal should construe a contract between Client and Lawyer as a reasonable person in

the circumstances of the Client would have construed it.

See the Restatement, §18

As to Agreements Limiting Client's or Lawyer's Duties, generally:

(1) Client and Lawyer may agree to limit a duty that

the

Lawyer would otherwise owe to the

Client if:

(a) the Client is adequately informed and consents;

and

(b) the terms of the limitation are reasonable in the circumstances.

(2)

the

Lawyer may agree to waive

the

Client's duty to pay or other duty owed to the Lawyer.

See the Restatement, §19

(1)

the

Lawyer must keep

the

Client reasonably informed about the matter and must

consult

with

the

Client to a reasonable extent concerning decisions to be made by the

Lawyer.

(2)

the

Lawyer must promptly comply with

the

Client's reasonable requests for

information.

(3)

the

Lawyer must notify

the

Client of decisions to be made by the Client and must

explain a

matter to the extent reasonably necessary to permit the Client to make .informed

decisions

regarding the representation.

See the Restatement, §20

In regard to allocating the Authority to Make Decisions Between the Client and the Lawyer,
generally:

(1)

the

Client and

the

Iawyer may agree which of them will make specified decisions, and

the agreement may be superseded by another valid agreement.

(3) Subject t

(1) and (2)

the

Lawyer may take any lawful measure within the

scope of

representation reasonably calculated to advance

the

Client's objectives as defined by the

Client, consulting with the Client

(4)

the

Client may ratify an act of

the

Lawyer that was not previously authorized

See the

Restatement, §21

As to authority Reserved to the Client, generally:

(1) As between Client and Lawyer, the following and comparable decisions are reserved

to the

Client except when the Client has validly authorized the Lawyer to make the

particular decision:

(a) whether and on what terms to settle a claim;

(b) how a criminal defendant should plead;

(c) whether a criminal defendant should waive jury trial;

(d) whether a criminal defendant should testify; and

(e) whether to appeal in a civil proceeding or criminal prosecution.

(2)

The

Client may not validly authorize

the

Lawyer to make the decisions described in

Subsection

(1) when other law (such as criminal-procedure rules governing pleas, jury-

trial waiver, and

defendant testimony) requires the Client's personal participation or

approval

(3) Regardless of any contrary contract with

the

Lawyer,

the

Client may revoke

the

Lawyer's

authority to make the decisions described in Subsection (1).

Restatement, §22

As between .Client and Lawyer, the Lawyer retains authority that may not be overridden by a
contract with or an instruction from the Client:

(1) to refuse to perform, counsel, or, assist ,future or ongoing acts in the representation

that the Lawyer reasonably believes to be unlawful;

(2) to make decisions or take actions in the representation that the Lawyer reasonably

believes to be required by law or an order of a tribunal.

Restatement, §23