Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipMedium
A lawyer represents a client in a personal injury case. The client is eager to settle quickly, but the lawyer believes that with additional investigation into the defendant's assets, a much larger settlement could be achieved. The client, however, explicitly instructs the lawyer to pursue a quick settlement based on the current information, stating she values speed over a potentially higher, but delayed, payout. What is the lawyer's ethical obligation regarding the scope of representation?
- AThe lawyer must follow the client's instruction to pursue a quick settlement, even if it's not the optimal financial outcome.
- BThe lawyer should proceed with the additional investigation, as it is in the client's best financial interest.
- CThe lawyer must withdraw from representation if the client insists on a strategy the lawyer believes is suboptimal.
- DThe lawyer must seek a court's guidance on whether to prioritize the client's explicit instructions or the lawyer's professional judgment.
Show answer & explanationAnswer & explanation
Correct answer: A. The lawyer must follow the client's instruction to pursue a quick settlement, even if it's not the optimal financial outcome.
A lawyer must abide by a client's decisions concerning the objectives of representation. While the lawyer can advise and inform the client of potential outcomes, the ultimate decision on objectives, such as whether to prioritize speed over a potentially larger settlement, rests with the client. The lawyer cannot override the client's explicit instructions on objectives.
Why the other options are wrong
- B. Pursuing additional investigation against the client's explicit instructions on objectives would violate the client's autonomy.
- C. Withdrawal is not necessary or appropriate here, as the client's instruction is valid and within her decision-making authority.
- D. Seeking court guidance on client objectives is an inappropriate overreach of the lawyer's role.
Client Control of Objectives
A lawyer must abide by a client's decisions concerning the objectives of representation, and consult with the client as to the means by which they are to be pursued.
- Client determines the 'what' (objectives).
- Lawyer determines the 'how' (means), after consulting client.
- Lawyer cannot override client's legitimate objectives.
Memory trick: Client Sets the Goal, Lawyer Charts the Course.