R 1.2 - Scope of Representation & Allocation of Authority b/w Client & Attorney Flashcards
When an attorney represents a client who has certain political, economic, social, or moral views or activities, does it constitute an endorsement by the attorney?
No, the attorney’s representation of a client, including by appointment by a Court, does not mean that the attorney endorses the views of the client.
May an attorney limit the representation of the client? If so, then what must the attorney get from client?
Yes, the attorney may limit the scope of representation, so long as the limitation is reasonable under the circumstances and the client must give informed consent.
If a client of is to engage in criminal or fraudulent acts, what shall the attorney not do? And what may the attorney do if such event arise?
The attorney shall not knowingly engage or assist the client in conducting criminal or fraudulent actions.
The attorney may consult with the client about the legal consequences that may occur if the client were to pursue such actions.
The attorney may also assist the client to make a good faith effort to determine the validity, scope, meaning or application of the law.
What shall an attorney do when the client request to pursue an certain action in regard to representation? What shall occur when it is in regard to settling a matter? And what shall occur in criminal matters?
The attorney shall abide by the client’s decisions regarding representation.
The attorney shall abide by a client’s decision whether to settle a matter.
In criminal matters, the attorney shall abide by the client’s decision as to a plea to be entered, whether to waive a jury trial, and whether the client shall testify.
If in a civil matter, at trial, the client states that he needs to testify, can the attorney deny the client from testifying?
Yes, the attorney can deny the client from testifying in a civil matter.
If during the representation of a client, the attorney becomes aware that the actions of the attorney committed were illegal, what must the attorney do?
The attorney must immediately discontinue and withdraw from the representation of the client.
If the attorney and client have a disagreement in regard to the path to be taken in the representation, what must the attorney do?
The attorney should consult with the client and seek mutually acceptable solution of the disagreement.
What may the attorney do when the attorney cannot reach a mutually agreeable resolution of the dispute between the attorney and client.
The attorney may seek withdrawal from the representation.
If a client advances a specific action to the attorney, what can the attorney do in such circumstances? Can the advancement from the client be revoked by the client?
The attorney can act according to the advancement given by the client. However, the client can revoke such authority.
But if the circumstances change, the attorney must advice the client of the changes in circumstances.
If a client retains an attorney for the purposes of obtaining legal advice, a limited representation, when has the attorney provided that client competent representation?
When the client has obtained sufficient legal advice from the attorney in which the client could reasonably rely on.
