Lawyer-Client Relationship

Question 1

Decisions made by client

Answer 1

Scope of the representation
Whether to settle
Criminal Case:
Whether to testify
Whether to waive right to jury trial
Whether to enter plea

Question 2

Decisions made by lawyer

Answer 2

Strategy and tactics
Must reasonably consult with client about choices

Question 3

Clients with diminished capacity

Answer 3

Must maintain ordinary attorney-client relationship, to the extent possible.
May take reasonably necessary protective action if client:
has diminished capacity
Is at risk of substantial physical, financial, or other harm,
and
cannot adequately act in his best interest

Attorney is authorized to reveal information about client but only as needed to protect the client’s interest

Question 4

Lawyer Competence in a Matter

Answer 4

Depends on (NETS)
Nature of the matter
Experience of the lawyer
Training in the particular field
Study the lawyer can devote to the matter

Question 5

If Lawyer lacks competence in a matter

Answer 5

3 Options (BAD):
Become competent without unreasonable delay
Associate competent counsel
Decline the representation