The Client-Lawyer Relationship
This chapter covers the formation and scope of the representation, allocation of authority between lawyer and client, fees, and the rules for ending a representation.
Authority and Scope
Under Model Rule 1.2, the client decides the objectives of the representation, including whether to settle a civil case, and in a criminal case whether to plead, waive a jury trial, and testify. The lawyer controls the means and tactics after consultation. A lawyer may limit the scope of representation if the limit is reasonable and the client gives informed consent, but may not counsel or assist a client in conduct the lawyer knows is criminal or fraudulent.
Fees and Terminating Representation
Under Model Rule 1.5, a lawyer's fee must be reasonable, judged by factors such as time, difficulty, and customary charges. Contingent fees must be in writing and are prohibited in criminal cases and most domestic-relations matters. Under Model Rule 1.16, a lawyer must withdraw if continuing would violate the rules or the lawyer's ability is materially impaired, and may withdraw for other reasons if it can be done without material harm to the client. On termination, the lawyer must protect the client's interests and return unearned fees and client property.