17 Questions
What is the ultimate authority conferred upon the client according to the text?
Determining the objectives of legal representation within legal limits
In legal representation, who has the authority to decide whether to settle a matter?
The client
What does Rule 1.4(a)(2) require the lawyer to do regarding the means by which the client's objectives are pursued?
Consult with the client
When does a lawyer have the authority to carry out implied actions during representation?
When impliedly authorized to carry out the representation
What decision must be made by the client in a civil matter?
Whether to settle a civil matter
What is NOT a decision that a lawyer must abide by in a criminal case according to the text?
Client's decision on whether to hire additional lawyers for defense
What does the text say about a lawyer's representation of a client?
May not constitute an endorsement of the client’s views.
In what scenario can a lawyer limit the scope of representation?
With informed consent from the client.
What is a lawyer prohibited from doing in relation to a client's illegal actions?
Encouraging the client to engage in criminal conduct.
How should a lawyer handle criminal or fraudulent situations with a client?
Discuss legal consequences and make a good faith effort to understand the law with the client.
What does Paragraph (d) prohibit a lawyer from knowingly doing?
Counseling or assisting in criminal or fraudulent activities.
What distinction does the text highlight regarding a lawyer's involvement in questionable conduct?
There is a critical distinction between analyzing questionable conduct and advising on criminal means.
What is a lawyer required to do if they discover that the client's course of action is criminal or fraudulent?
Withdraw from the client's representation
In what situation might withdrawal from a client's representation be deemed insufficient?
When withdrawal alone does not rectify the lawyer's involvement in fraudulent conduct
What action should a lawyer take if they discover that a client is engaged in fraudulent activities?
Give notice of withdrawal and disaffirm any previous opinions
What is a lawyer's responsibility if they initially believed a client's course of action was legal but later discover it to be criminal?
Withdraw from the client's representation immediately
What additional actions might be necessary for a lawyer when withdrawing from a client's representation?
Disaffirm any opinions, documents, or affirmations made for the client
Study Notes
Lawyers' Representation and Client Relationships
- A lawyer's representation of a client does not imply endorsement of the client's views or activities.
- A lawyer may limit the scope of representation with the client's informed consent.
Scope of Representation and Allocation of Authority
- A lawyer must abide by a client's decisions concerning the objectives of representation.
- A lawyer may take action on behalf of the client as impliedly authorized to carry out the representation.
- A lawyer must consult with the client as to how the objectives are to be pursued.
- A lawyer must abide by a client's decision whether to settle a matter.
- In a criminal case, a lawyer must abide by the client's decision on pleas, waivers, and testifying.
Criminal, Fraudulent, and Prohibited Transactions
- A lawyer shall not counsel or assist a client in criminal or fraudulent conduct.
- A lawyer may discuss legal consequences of a proposed course of conduct with a client.
- A lawyer may counsel or assist a client to determine the validity, scope, meaning, or application of the law.
- A lawyer must withdraw from representation if they discover the client's conduct is criminal or fraudulent.
Withdrawal and Disaffirmation
- A lawyer may need to give notice of withdrawal and disaffirm any opinion, document, or affirmation.
- Special obligations may apply when the client is a fiduciary, especially in dealings with a beneficiary.
This quiz covers the ethical obligations of lawyers, including limitations on representation, avoiding endorsement of client's views, and prohibiting counseling or assisting in criminal or fraudulent conduct.
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