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Legal Ethics

Decisionmaking Authority

Decisionmaking Authority

Explore the framework on who has the authority to make certain decisions, set objectives for the representation, and make tactical decisions to reach those objectives, as between the lawyer and the client in the course of the lawyer-client relationship.


As we learned in the last clip, the client decides the objectives of representation, and the lawyer and client consult together to determine how to reach those objectives. But a lawyer is not expected to consult with a client about every objection to make at trial, or every case to cite in a brief, or every word to use in a delicate negotiation. Model Rule of Professional Conduct 1.2(a) establishes the framework to determine who has the authority to make certain decisions in the course of the...