Ethical Obligations of Listening to (or Ignoring) Client Requests
Understand how to handle client requests and where to draw the line.
Client management is one of the most difficult aspects of lawyering. But beyond the obvious business issues that come up in dealing with your clients (whether you are outside counsel or in-house), client management issues also raise significant ethical concerns that must be considered and addressed.
Common ethical issues include how to properly define the scope of your representation, how to deal with disagreements regarding legal strategy, how to communicate with your clients when you have a disagreement with a client regarding the case, and when (and how) to ethically withdraw from a representation. This topic will discuss the applicable Model Rules of Professional Conduct and provide the best practices for how to deal with the often difficult world of navigating client requests.
Who should attend?
This live webinar is designed for attorneys. Other legal professionals may also benefit from attending.
Model Rules 1.2/1.4 – Who Gets to Decide What?
- Rule 1.2(a) – the Client Calls the Shots on the Objective of the Representation
- Strategy vs. Tactics
- Rule 1.4(b) – Duty to Reasonably Consult About the Means Used to Achieve Client Objective
- What Actions Are Impliedly Authorized?
- What Are the Ethical Limits of Limited Scope Representations?
- How to Deal With Requests by a Client to Exceed the Scope of a Representation?
- Importance of Clear Scope in Retainer Agreements
- Obligations to Communicate With Client Under Rule 1.4
- Best Practices on the Timing of Withdrawal
- Obligations When Withdrawing Under Rules 1.15, 1.16, and Rule 1.6
Rule 1.2(c) – That's Not My Job: Limited Scope Representations
Rule 1.16 – How to Ethically Withdraw If a Client Disagreement Arises
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