ER 1.2 Scope of Representation

The Standard

A lawyer shall abide by a client’s decisions concerning the objectives of representation, and as required by ER 1.4, shall consult with the client as to the means by which they are to be pursued.

The Limitation

Although the client sets the objectives and consults as to the means, a lawyer may take certain actions that would be impliedly authorized by the representation. Also, a lawyer is not always required to pursue objectives or employ means a client directs. Where a fundamental disagreement between lawyer and client cannot be resolved by communication, the lawyer or client may opt to terminate the representation.

FAQs

Do I need the client's permission to file pleadings in the case?

My client refuses to accept a really great settlement offer in her personal injury case. Can’t I override her decision and accept this settlement offer?

In a civil matter, my client wants me to call an expert witness, which I believe is both unnecessary and poor strategy. I’ve advised client against the expert, but he insists, asserting that he is paying, and he calls the shots. Is he correct?

I am a staunch conservative. My client wants me to file an action that involves “liberal” ideals. I’m afraid my conservative associates will think I’ve changed sides.

Can I agree to handle only the evidentiary hearing for the client, not the whole family law case?

Can I ghostwrite pleadings for a client?

My client wants to discuss his ability to engage in certain conduct that might subject him to criminal liability. I’m concerned that by doing so, I might assist him in conduct that’s criminal.

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ER 1.2 Scope of Representation

The Standard

The Limitation

FAQs

Best Practices

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