Rule 1.2: Scope of Representation between Client and Lawyer Flashcards
Rule 1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer: What does it state?
Defines what decisions a client has control over and what authority a lawyer has in representation
Under Rule 1.2(a): What is the Clients Role?
A client determines the objectives of the representation
Under Rule 1.2(a): What is the Lawyer’s Role? (In Civil and Criminal Cases)
Lawyer must abide by the clients decisions on key issues:
1. In Civil Cases: Client decides whether to settle
2. In Criminal Cases:
- Accept plea deal
-Waive a jury trial
-Testify in Court
Under Rule 1.2(b): What does it state about a lawyer’s representation of a client?
A lawyer does not endorse a client’s political, economic, social, or moral views simply by representing them
Under Rule 1.2(c): Limited Scope of Representation, what does it state? (2)
A lawyer may limit the scope of their representation if:
1. The limitation is reasonable
2. The client gives informed consent
Under Rule 1.2(d): What a Lawyer SHALL NOT do in counseling Client? BUT MAY DO instead?
A lawyer MUST NOT help a client engage in criminal or fraudulent conduct
BUT MAY:
1. Explain the legal consequences of an action
2. Help a client in a good faith effort to determine the meaning or validity of a law
Under Comment 10: What is the Duty to Withdraw if Crime/Fraud is Discovered?
If a lawyer later learns that their assistance is being used for criminal or fraudulent purposes, they must withdrawal