III - The Client- Lawyer Relationship p. 23 Scope, Objective, and Means of the Representation Flashcards
The Model Rules confer on the ______ the ultimate authority to determine the purposes to be served by legal representation within the limits imposed by the law and the lawyer’s professional obligations. MROC 1.2 cmt. 1.
client
The Model Rules confer on the client the _______ ________ to determine the purposes to be served by legal representation within the limits imposed by the law and the lawyer’s professional obligations. MRPC 1.2. cmt 1.
ultimate authority
The Model Rules confer on the client the ultimate authority to determine the ________ to be _______ by legal representation within the limits imposed by the law and the lawyer’s professional obligations. MRPC 1.2 cmt 1.
purposes to be served
In general, a lawyer must abide by a _______ decisions concerning the objectives of representation. MRPC 1.2(a)
client’s
In general, a lawyer must abide by a client’s decisions concerning the _________ of _________. MRPC 1.2(a)
objectives of representation
In general, a lawyer must abide by a client’s decisions concerning the objectives of representation. MRPC 1.2(a).
The _______ generally controls the means by which the objectives of representation are to be pursued and may take such actions as are impliedly authorized to carry out the representation, but the lawyer must reasonably consult with the client. MRPC 1.2(a), 1.4
lawyer
In general, a lawyer must abide by a client’s decisions concerning the objectives of representation. MRPC 1.2(a).
The lawyer ________ _________ the means by which the objectives of representation are to be pursued and may take such actions as are impliedly authorized to carry out the representation, but the lawyer must reasonably consult with the client. MRPC 1.2(a), 1.4
generally controls
In general, a lawyer must abide by a client’s decisions concerning the objectives of representation. MRPC 1.2(a).
The lawyer generally controls the _______ ____ ______ the objectives of representation are to be pursued and may take such actions as are impliedly authorized to carry out the representation, but the lawyer must reasonably consult with the client. MRPC 1.2(a), 1.4
means by which
In general, a lawyer must abide by a client’s decisions concerning the objectives of representation. MRPC 1.2(a).
The lawyer generally controls the means by which the __________ ____ ________ are to be pursued and may take such actions as are impliedly authorized to carry out the representation, but the lawyer must reasonably consult with the client. MRPC 1.2(a), 1.4
objectives of representation
In general, a lawyer must abide by a client’s decisions concerning the objectives of representation. MRPC 1.2(a).
The lawyer generally controls the means by which the objectives of representation are to be _______ and _____ ______ such actions as are impliedly authorized to carry out the representation, but the lawyer must reasonably consult with the client. MRPC 1.2(a), 1.4
pursued
may take
In general, a lawyer must abide by a client’s decisions concerning the objectives of representation. MRPC 1.2(a).
The lawyer generally controls the means by which the objectives of representation are to be pursued and may take ____ _______ as are impliedly authorized to carry out the representation, but the lawyer must reasonably consult with the client. MRPC 1.2(a), 1.4
such actions
In general, a lawyer must abide by a client’s decisions concerning the objectives of representation. MRPC 1.2(a).
The lawyer generally controls the means by which the objectives of representation are to be pursued and may take such actions as are ________ _________ to carry out the representation, but the lawyer must reasonably consult with the client. MRPC 1.2(a), 1.4
impliedly authorized
In general, a lawyer must abide by a client’s decisions concerning the objectives of representation. MRPC 1.2(a).
The lawyer generally controls the means by which the objectives of representation are to be pursued and may take such actions as are impliedly authorized to ______ ____ _____ _________, but the lawyer must reasonably consult with the client. MRPC 1.2(a), 1.4
carry out the representation
In general, a lawyer must abide by a client’s decisions concerning the objectives of representation. MRPC 1.2(a).
The lawyer generally controls the means by which the objectives of representation are to be pursued and may take such actions as are impliedly authorized to carry out the representation, but the lawyer must ________ _______ _____ ____ _______. MRPC 1.2(a), 1.4
reasonably consult with the client
In general, the lawyer has authority to make most of the decisions relating to the _________ ____ _______ for achieving the client’s goals. (e.g., manner and scope of cross-examination. choosing a theory of the case). MRPC 1.2(a).
strategy and methods
In general, the lawyer has authority to make most of the decisions relating to the strategy and methods for achieving the client’s goals. (e.g., _______ and ________ of _______ ______, choosing a theory of the case). MRPC 1.2(a).
manner and scope of cross- examination
The Model Rules require that the lawyer ________ ______ with the client about the means by which the client’s objectives are to be accomplished and keep the client reasonably informed about the status of the matter. MRPC 1.2(a) and 1.4.
reasonably consult
The Model Rules require that the lawyer reasonably consult with the client about the means by which the ________ _______ are to be accomplished and keep the client reasonably informed about the ________ of the matter. MRPC 1.2(a) and 1.4.
client’s objectives
status
If a disagreement between the lawyer and the client cannot be resolved, the client may _____ the lawyer or the lawyer may ________, subject to certain requirements to protect the client’s interests. MRPC 1.16.
fire
withdraw
A lawyer may limit the scope of the representation if the limitation is _____ ____ ____ ______ and if the client provides ______ ______. MRPC 1.2(c).
reasonable under the circumstances
informed consent
A lawyer may ______ the ______ of the _______ if the limitation is reasonable under the circumstances and if the client provides informed consent. MRPC 1.2(c)
limit the scope of the representation
The terms of which representation is undertaken may exclude specific means that might otherwise be used to accomplish the client’s objectives, including actions that the client thinks are too costly or that the lawyer regards as ______ or _______. MRPC 1.2 cmt. 6.
repugnant or imprudent
The terms of which representation is undertaken may ______ specific means that might otherwise be used to accomplish the client’s objectives, including actions that the client thinks are too ______ or that the lawyer regards as repugnant or imprudent. MRPC 1.2 cmt 6.
exclude
costly
The client makes decisions regarding the _______ ____ ____ _____ ____ _______. As the client’s agent, the lawyer must abide by those decisions (within some constraints), and the lawyer has the authority to determine how best to achieve those objectives. MRPC 1.2(a).
objectives and goals of the representation
