ch.2.allocating decision-making between cawyer and client

8/9/2019 Ch.2.Allocating Decision-Making Between Cawyer and Client

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Ch. 2 - part.2 Basic elements oflaw practice 1

Professional Responsibility

Ch. 2 basic elements of lawpractice

Allocating Decision-making Between

Lawyer & Clientrof. !eorge ". Conk #enior $ellow% #tein Center for Law &

thics% $or'ham Law #chool (oom )-122 gconk*law.for'ham.e'+
mailto:[email protected]:[email protected]


2/31

,aster

,o+thpiecen'epen'ent agent

Allocating decision-making between lawyer

and client

Ch. 2 neecti/e assistance an'the lawyer client relationship 2


3/31

RPC 1.2 Scope of representation

Abide by clients decisions re

objectives

Consult as to means

Implied authority as to means

Settlement, plea, waive jury,

testify belong to client



4/31

RPC 1.2 Scope of representation

Representation is not

endorsement of clients acts or

views Reasonable limits on scope

permitted with informed consent ay not counsel criminal or

fraudulent conductCh. 2 neecti/e assistance an'the lawyer client relationship


5/31

Q. 2-3! p. 1"3 Strategy and tactics

A Lawyer nee' not follow client3sinstr+ctions

B Lawyer m+st follow client3sinstr+ctions

C (+les b+t not 4thAmen'mentre5+ire lawyer to make thearg+ments

D 4thAmen'ment b+t not (+lesre5+ire lawyer to make the arg+ment



6/31


A#t$ority Reser%ed to &awyerLawyer 'eci'es after cons+ltation7 what witnesses to call whether and how to cross!

e"amine

what jurors to accept or stri#e what trial motions to ma#e all other strategic and tactical

decisionsSource: ABA Standards Relating to the

Administration of Criminal Justice 4-5.2(! (2d ed."#$2!


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'ones %. (arnes )*.S. 1+3,

$he Si"th Amendment provides

that %&in' all criminal

prosecutions, the accused shall

enjoy the right ( ( ( to have the

Assistance of Counsel for his

defence%



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'ones %. (arnes )*.S. 1+3, p. 13

n An'ers% this Co+rt hel' that an

appointe' attorney m+st a'/ocatehis client9s ca+se /igoro+sly an' maynot with'raw from a nonfri/olo+s

appeal.:he Co+rt of Appeals ma;ority hel'

that% since An'ers bars co+nsel from

aban'oning a nonfri/olo+s appeal% italso bars co+nsel from aban'oning anonfri/olo+s iss+e on appeal.

Ch. 2 neecti/e assistance an'the lawyer client relationship )


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10/31

"ho 'eci'es= An' how=

&imiting t$e scope of

representation

Ch. 2 neecti/e assistance an'the lawyer client relationship 1>

2 3+ 1" t


11/31

. 2-3+p 1" c ent sinstr#ctions to limit disco%ery!

etc. A ?es - Lawyer m+st followinstr+ctions

B ?es - Lawyer an' client may agreeto limit scope

C @o lawyers may ne/er limitscope of representation

D @o lawyers can limit scope b+tnot in these circ+mstances



12/31

Q. 2-"/! p. 1/

0 s lawyer s#bect to discipline for

ref#sal to accept t$e settlement offer A ?es beca+se fee increase' on

appeal

B ?es beca+se client 'irecte' heaccept settlement

C @o whether to appeal is a

tactical matter D @o beca+se pre'iction on merits

of appeal re5+ires eercise of

in'epen'ent ;+'gmentCh. 2 neecti/e assistance an'the lawyer client relationship 12


13/31

Q. 2-"1! p. 11 4alpractice or

disciplinary breac$ for fail#re to follow

instr#ctions A (+les an' malpractice re5+irelawyer ignore instr+ctions of client

B (+les are +nclear b+t malpracticelaw re5+ires compliance

C (+les an' malpractice law re5+irecompliance

D (+les are +nclear b+t malpracticelaw re5+ires lawyer to followinstr+ctions



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15/31

State %. 'o$n 4artini )6' 1++5, 9(@% .

A capital defendant may not waive asentencing hearing, may not waive the

presentation of mitigating evidence, and may

not waive an appeal. Given the importance of post-conviction relief

to ensuring the reliability and integrity of

death sentences imposed in New Jersey, acapital defendant may not waive post-

conviction relief, either.

. Ch. 2 - part.2 Basic elements oflaw practice 16


16/31

Q.2-"3! p. 15/ 0 7id attorney properly

co#nsel client abo#t conse8#ences of

%iolating S#nday bl#e law A ?es if information wo+l'enco+rage law /iolation

B ?es if lawyer faile' to 'isco+ragelaw breaking

C @o if lawyer merely ga/e a'/icere likely res+lt of law breaking

D @o it3s ok to 'isc+ss how toa/oi' 'etection



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People v. Chappell (CO 1996)

.y advice as a lawyer was to

stay and as a mother to run/0

1hy was Chappell disbarred2



18/31

Q. 2-""! p. 15" s it proper for a lawyer

to ad%ise a client to pay a fatally flawed

claim A ?es if lan'lor' 'i' not ob;ect to

the a'/ice

B ?es - beca+se non-legalconsi'erations may be appropriate

C @o engagement letter 'i' not

incl+'e s+ch a'/ice D@o lawyer m+st Eealo+sly protect

client3s legal rights

Ch. 2 neecti/e assistance an'the lawyer client relationship 1)


19/31


20/31

Q. 2-"! "5 p. 155. ay a lawyer adjourn a case for

his own convenience without the

clients consent2

ust a lawyer refuse an

adjournment reuest because

his client says to .give noCh. 2 neecti/e assistance an'the lawyer client relationship 2>


21/31

Q. 2-": 0 p. 15+

&awyer represents tobacco companydefendant

ay a lawyer represent a morally

reprehensible client2



22/31

Q. 2-"! p. 1:/

Client belie%es landlord is s$ootinggamma rays into $er apartment

3ow do you handle a client

who is becoming demented

or psychotic2



23/31

Q. 2-" ;amma rays

ch.2.allocating decision-making between cawyer and client

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