1.2:310 ALLOCATING AUTHORITY TO DECIDE BETWEEN CLIENT AND LAWYER

• Jurisdiction: Arizona

1.2:310 Allocating Authority to Decide between Client and Lawyer

ER 1.2(a) specifically states: "[S]ubject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of representation and, as required by ER 1.4, shall consult with the client as to the means by which they are to be pursued." Thus, ER 1.2 draws a line between decisions as to the "objectives" of the representation, which are the client's exclusive province, and decisions as to the "means" to achieve those objectives, about which the lawyer need only "consult" with the client. ER 1.2(a) also provides that the client is responsible for determining whether to accept an offer of settlement in civil matters, for determining what plea shall be entered, whether to waive the right to a jury trial, and whether the client will testify in criminal matters.

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