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Court & LawExplain the matter so the client can decide

The client must make decisions about the case, and some of them are theirs alone. You explain enough for them to decide with full information, separate the objectives they decide from the means you consult on, explain the strategy and the prospects, and respect their choice on settlement. It follows Rules 1.2 and 1.4(b) of the Virginia Rules of Professional Conduct.

Free to start

Scenarios

  • The client must decide whether to keep litigating or change the goal of the case.
  • Opposing counsel sends a settlement offer.
  • In a criminal case, the client must decide on the plea, a jury trial and whether to testify.

The steps

  1. Explain the matter to the extent reasonably necessary for the client to make informed decisions about the representation.
  2. Give the client enough information to take part in the decisions on the objectives and the means, to the extent the client is willing and able.
  3. Let the client decide the objectives of the representation, and consult the client on the means to pursue them.
  4. Take responsibility for the technical and legal tactical issues, and defer to the client on questions such as the expense and the concern for third persons who might be adversely affected.
  5. In litigation, explain the general strategy and the prospects of success.
  6. In a negotiation, when there is time, review all important provisions with the client before reaching an agreement.
  7. Abide by the client's decision, after consulting you, whether to accept a settlement offer.
  8. In a criminal case, abide by the client's decision, after consultation, on the plea, on waiving a jury trial and on whether to testify.
  9. Limit the objectives of the representation only if the client consents after consultation.
  10. Give an honest opinion about the consequences that appear likely to result from the client's conduct.

Safety rules that stop the station

  • Never counsel or assist the client in conduct you know is criminal or fraudulent; you may discuss the legal consequences of any proposed course of conduct.

To pass

  • The client understands enough to make informed decisions.
  • The objectives and the settlement decision stay with the client.
  • The strategy, the prospects and the key terms of any agreement are explained.

Official source

Virginia State Bar · Rules 1.2 and 1.4(b)

Virginia Rules of Professional Conduct

Rules 1.2 and 1.4 of the Virginia Rules of Professional Conduct, with the official comments, published free by the Virginia State Bar.

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