Attorney/Client Autonomy

Question 1

How to resolve a conflict in decision making

Answer 1

• client is allowed to decide whether or accept/reject
• attorney can withdraw, client can discharge
• attorney can’t do anything to hurt a 3rd party on purpose

Question 2

M.R. 1.2 - Lawyer shall abide by clients decisions for…

Answer 2

1. settlement decisions (civil)
2. plea decisions (crim)
3. jury trial waiver (crim)
4. client testify (crim)

M.R. 1.2 - Comment 2 suggestions for other issues;

• client should defer to special knowledge of attorney
• lawyer should defer in matters concerning expenses to incur and 3rd party (but can’t violate M.R. 4.4 - only means is to hurt 3rd party)