Commentary: Lawyers Must Not Usurp Clients' Role in Settlements

Lawyers USAJuly 16, 2010

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Summary


The ethics rules recognize that clients decide on the objectives of their attorney's representation.

However, lawyers usually decide on the means of meeting those objectives, and can also take actions that are "impliedly authorized" to meet the client's objectives.

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Extract


Commentary: Lawyers Must Not Usurp Clients' Role in Settlements

Significantly, the same ABA Model Rule flatly states that lawyers "shall abide by a client's decision whether to settle a matter." (ABA Model Rule 1.2(a).)

In the heat of litigation, lawyers might forget this c...

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