The Client-Lawyer Relationship
Formation and scope
No writing or fee is needed to create a client relationship; a person who reasonably believes the lawyer is representing her may be a client. Rule 1.2 allocates authority: the client sets the objectives, the lawyer controls the means. Decisions reserved to the client include whether to settle, what plea to enter, whether to testify, whether to waive a jury, and whether to appeal. Scope may be limited (unbundled representation) if the client gives informed consent and the limited matter can still be handled competently.
Fees and property
Rule 1.5 requires fees to be reasonable and explained, preferably in writing and mandatorily so for contingent fees. Contingent fees are barred in criminal cases and in domestic-relations matters where the fee depends on securing a divorce, alimony, or child support. Under Rule 1.15, client and third-party funds go into a trust account, are not commingled with the lawyer's money (small bank charges aside), and disputed portions stay put until the dispute is resolved. Client papers and property must be returned on request.
Ending the relationship
Rule 1.16 makes withdrawal mandatory when continuing would violate a rule or law or when the lawyer is discharged; it is permissive for good cause, such as nonpayment or the client's crime or fraud, but not if withdrawal would materially prejudice the client, and court leave is required during litigation.
Traps
Labels like "nonrefundable retainer" do not defeat the duty to refund unearned fees; a client may discharge the lawyer at any time, for any reason or none; and a lawyer cannot settle a case over the client's objection simply because the offer is good.
Worked example
A client insists on accepting a modest settlement the lawyer considers inadequate. The client decides; the lawyer may advise and document the file, but cannot refuse to settle.