Rule 1.2: Scope of Representation between Client and Lawyer Flashcards

1
Q

Rule 1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer: What does it state?

A

Defines what decisions a client has control over and what authority a lawyer has in representation

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2
Q

Under Rule 1.2(a): What is the Clients Role?

A

A client determines the objectives of the representation

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3
Q

Under Rule 1.2(a): What is the Lawyer’s Role? (In Civil and Criminal Cases)

A

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

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4
Q

Under Rule 1.2(b): What does it state about a lawyer’s representation of a client?

A

A lawyer does not endorse a client’s political, economic, social, or moral views simply by representing them

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5
Q

Under Rule 1.2(c): Limited Scope of Representation, what does it state? (2)

A

A lawyer may limit the scope of their representation if:
1. The limitation is reasonable
2. The client gives informed consent

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6
Q

Under Rule 1.2(d): What a Lawyer SHALL NOT do in counseling Client? BUT MAY DO instead?

A

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

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7
Q

Under Comment 10: What is the Duty to Withdraw if Crime/Fraud is Discovered?

A

If a lawyer later learns that their assistance is being used for criminal or fraudulent purposes, they must withdrawal

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8
Q
A
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