B. Scope, Objective & Means of Representation

Question 1

How may the scope and objectives of representation be defined?*

Answer 1

By agreement

By pursuing client’s objectives in reasonably available legal ways (NOT fraud/crime)!!!

• BUT may discuss legal consequences of any proposed course of conduct
• UNLESS assisting Client on determining validity/scope/meaning of law!!!

Question 2

When must Lawyer abide by Client’s decisions?*

Answer 2

Client’s decisions affect his substantial legal rights, involving;

• Settlement offer acceptance!!!
• Type of criminal plea
• Waiver of jury trial
• Testifying in criminal case
• Appeal

Question 3

When may Lawyer limit scope of representation?*

Answer 3

1) Client gives informed consent!!!

2) Reasonable circumstances!!!
- Disagreements re methods to reach client’s objectives
- Client insists Lawyer to violate law/legal ethics rule
- Lawyer discovers Client committing illegal course of action

Question 4

What are Lawyer’s duties towards Client with diminished capacity (facing substantial physical/financial harm)?*

Answer 4

Protective action!!!

• Reveal confidential info (to extent necessary for Client protection)!!!
• Consult w/ others for Client protection
• Seek Guardian appointment

Question 5

What are Lawyer’s duties towards Client with seriously diminished capacity (facing imminent and irreparable harm to health/safety/financial interest)?

Answer 5

Legally represent Client

• Lawyer-Client relationship exists
• Lawyer-Client relationship does NOT exist (if Lawyer reasonably believes Client has no other representative)