Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipEasy
A lawyer represents a client in a personal injury case. During settlement negotiations, the opposing counsel offers a settlement amount that the client explicitly instructed the lawyer to reject. Despite these instructions, the lawyer, believing the offer is excellent and the client is being unreasonable, accepts the settlement on the client's behalf. Has the lawyer violated an ethical duty?
- ANo, because the lawyer has the final authority over settlement decisions.
- BNo, because the lawyer acted in what they believed was the client's best interest.
- CYes, but only if the settlement amount was significantly lower than the expected judgment.
- DYes, because the client has the ultimate authority to decide whether to accept a settlement offer.
Show answer & explanationAnswer & explanation
Correct answer: D. Yes, because the client has the ultimate authority to decide whether to accept a settlement offer.
Clients, not lawyers, have the ultimate authority to decide whether to settle a civil case. A lawyer must abide by the client's decision regarding settlement, even if they disagree with it.
Why the other options are wrong
- A. This statement is incorrect; the client, not the lawyer, has final authority over settlement decisions.
- B. While the lawyer may have believed they were acting in the client's best interest, they overrode the client's express instruction, which is ethically impermissible.
- C. The ethical violation stems from overriding the client's decision, not the amount of the settlement itself.
Client's Authority on Settlement
A lawyer must abide by a client's decision whether to settle a matter, as this decision is exclusively reserved for the client.
- Client makes ultimate settlement decision.
- Lawyer must communicate settlement offers.
- Lawyer cannot accept settlement against client's express wishes.
Memory trick: Client's Call: Big decisions are always theirs.