CONTROL & COMMUNICATION

1.   MR 1.2(a) Client has control:

         a.   objectives of representation

            (1) objectives can be limited if client gives informed consent [1.2(c)]

            (2) BUT as to the means to accomplish those objectives, the lawyer is only required to “consult” with client (See also MR 1.4(a)(2))

         b.  whether to settle

         c.   In criminal cases, whether to plead guilty, waive jury trial, or client testify
d. Comment [2]: " lawyers usually defer to the client regarding such questions as the expense to be incurred and concern for third persons who might be adversely affected"
But see MR 4.4(a): "In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person."

2.   MR 1.16: Withdrawal

            (1) Not if tribunal orders to continue [1.16(c)]

               (a) Many tribunals have rules prohibiting withdrawal without court approval

            (2) Not if material adverse effect on client interests unless 1.16(b)(2)-(7)

               (a) client is committing fraud or crime

               (b) lawyer has been used to commit crime or fraud

               (c) “repugnant objective or lawyer has 'fundamental disagreement'

               (d) failure to fulfill obligation to lawyer after warning

               (e) unreasonable financial burden on lawyer

               (f)  client has made representation unreasonably difficult

               (g) other good cause

3.   MR 1.2(b): Representation is not an endorsement of client’s views or activities

4. MR 1.2(c): May limit scope of representation if
-- reasonable and
-- informed consent

5.   MR 1.2 (d): Lawyer may counsel or assist client in good faith effort to test the limits, applicability or validity of a law as long as client’s conduct is not criminal or fraudulent.

6. MR 2.1: Duty of independent professional judgment AND candid advice (which may include "non-legal" considerations)

7. MR 1.4: Duty to promptly inform of circumstances for which informed consent is required (e.g. settlement offers) and provide explanations sufficient to permit client to make informed decisions.