Also known as: undertaking representations · undertakings representation · undertaking · representation
Written by attorneys · grounded in primary & secondary sources — see below
A lawyer's assumption of responsibility for a client's legal matter. The assumption occurs when the lawyer agrees to provide legal services or begins performing work on the client's behalf. It triggers duties of competence, diligence, confidentiality, and loyalty under the rules of professional conduct.
Umar Underwood, a private attorney, agrees to advise a sitting President on executive branch appointments. Once Umar begins reviewing confidential documents and drafting recommendations, he has undertaken representation.
Uliana Ustinova, a former government lawyer, receives confidential data about a regulated company while serving as a public employee. After leaving office she agrees to represent a competitor in a proceeding against that company. By undertaking the new representation she triggers the prohibition on using the earlier confidential information to the company's material disadvantage.
Select any source to read its text and confirm it supports the definition.
Una Unger, a solo practitioner, contracts with an outside investigator to locate witnesses in a pending case. The investigator is not subject to Una's control over the physical manner of the work. By undertaking representation of the client, Una remains responsible for ensuring the investigator's efforts stay within ethical bounds even though the investigator qualifies as an independent contractor.
Ursula Ureña, counsel for a developer, tells neighboring owners that a recorded easement burdens the developer's parcel. Relying on that statement the neighbors purchase additional lots and improve access roads. Once Ursula has undertaken representation of the developer the statements bind the developer under equitable estoppel principles and prevent later denial of the servitude.
Uma Upadhyay agrees to represent voters who allege that a state legislative map violates equal protection. After filing the complaint Uma must satisfy justiciability standards. The undertaking of representation requires her to demonstrate that the six-factor political-question test does not bar adjudication of the apportionment dispute.
Usman Uddin permits his name to appear on partnership letterhead even though he is not a partner. A client who sees the letterhead retains the firm and advances funds in reliance on the apparent partnership. By undertaking representation through the holding-out Usman becomes jointly and severally liable for obligations the firm incurs with that client.
Undertaking representation begins when the lawyer agrees to perform legal work or actually starts performing it for the client. The agreement need not be in writing. Once the lawyer accepts the matter the full set of professional duties attaches immediately.
Screening permits the firm to continue only if the disqualified lawyer is timely isolated from the matter and receives no fee share. Written notice to the government agency is also required. Without these steps the entire firm is disqualified.
The lawyer must act with competence and diligence, protect client confidences, and avoid conflicts with the client's interests. These obligations continue throughout the representation and after it ends in many respects.