Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipMedium
A lawyer is representing a client in a contentious divorce proceeding. The client informs the lawyer that she has received an offer of settlement from her spouse that she finds acceptable. The offer includes a division of assets and a custody arrangement for their children. The lawyer, however, believes that the client could receive a significantly better outcome if the case proceeds to trial and advises her against accepting the offer. What is the lawyer's ethical obligation regarding the settlement offer?
- ATo inform the client of the lawyer's professional assessment but ultimately abide by the client's decision regarding the settlement.
- BTo persuade the client to reject the offer, emphasizing the potential for a better outcome at trial.
- CTo reject the offer on behalf of the client, as it is not in the client's best interest according to the lawyer's professional judgment.
- DTo seek a court order to prevent the client from accepting a settlement that the lawyer deems inadequate.
Show answer & explanationAnswer & explanation
Correct answer: A. To inform the client of the lawyer's professional assessment but ultimately abide by the client's decision regarding the settlement.
While a lawyer must provide candid advice and professional judgment, the ultimate decision regarding settlement offers belongs to the client. The lawyer must abide by the client's decision, even if the lawyer disagrees with it.
Why the other options are wrong
- B. While persuasion is permissible, the lawyer cannot override the client's final decision.
- C. Rejecting the offer against the client's wishes usurps the client's authority over settlement decisions.
- D. Seeking a court order to prevent a client from settling is an extreme and generally impermissible action that infringes on client autonomy.
Client's Authority on Settlement
A lawyer must abide by a client's decision whether to settle a matter, even if the lawyer believes a different course of action would be more advantageous.
- Client has ultimate authority over settlement decisions.
- Lawyer must communicate all settlement offers promptly.
- Lawyer provides advice; client makes the final decision.
Memory trick: Settlement King is Client, Lawyer is Advisor, Not Decider.