1.2: Scope of Representation Flashcards
General Lawyer Duties
A lawyer must abide by a client’s decisions concerning the objectives of a
representation, and must consult with the client as to the means by which those objectives are pursued.
A lawyer also may take actions that are impliedly authorized to carry out the representation.
A lawyer may limit the scope of the representation if:
(1) the limitation is reasonable under the circumstances, and
(2) the client gives informed consent.
E.g., a lawyer might agree to counsel her client about a dispute with the client’s landlord, but stipulate that if the dispute has to be arbitrated or litigated, the client will hire another lawyer for that purpose.
Must Not Assist Client in Crime or Fraud
A lawyer must not advise a client to engage in conduct that the lawyer knows is criminal or fraudulent, or assist the client in such conduct.
