The Lawyer-Client Relationship: Who Has the Final Say?
Does an attorney have the legal right to make decisions without the clients knowledge and approval?
One of the most important aspects of the lawyer-client relationship is the decision-making authority. Who has the final say on the key issues and actions that affect the outcome of the case? Does the lawyer have the legal right to make decisions without the client's knowledge and approval? Or does the client have the ultimate authority to decide on the matters that concern their interests? In this article, we will explore the roles and responsibilities of the lawyer and the client in the decision-making process, and the ethical and legal implications of their choices.
The Lawyer's Role and Responsibility
The lawyer's role and responsibility in the decision-making process is to advise the client and act in their best interest. The lawyer has the duty to:
- Inform the client of the relevant facts, laws, and procedures that apply to their case.
- Explain the advantages and disadvantages of the available options and alternatives.
- Provide the client with their professional opinion and recommendation based on their experience and expertise.
- Respect the client's objectives and preferences, and abide by their instructions, unless they are illegal or unethical.
The lawyer does not have the legal right to make decisions without the client's knowledge and approval, except for some minor or procedural matters that do not affect the merits or the outcome of the case. For example, the lawyer may decide on the timing, format, or style of the documents or communication, or the scheduling or adjournment of the hearings, without consulting the client. However, the lawyer should still keep the client informed of these decisions and their consequences.
If the lawyer makes decisions without the client's consent, they may be committing legal malpractice and violating ethical rules. The client may have the right to file a complaint, sue the lawyer, or hire a new lawyer.
The Client's Role and Responsibility
The client's role and responsibility in the decision-making process is to communicate with the lawyer and make informed decisions.
The client has the duty to:
- Provide the lawyer with honest and complete information and documents that are relevant to their case.
- Cooperate with the lawyer and follow their reasonable advice and guidance.
- Pay the lawyer's fees and expenses as agreed upon.
- Notify the lawyer of any changes or developments that may affect their case.
The client has the ultimate authority to decide on the important matters that affect their rights and interests, such as:
- Whether to accept or reject a settlement offer.
- Whether to plead guilty or not guilty.
- Whether to waive a jury trial or a right to appeal.
- Whether to testify or remain silent in court.
The client should make these decisions after consulting with the lawyer and understanding the risks and benefits of each option. The client should not make these decisions based on emotions, impulses, or pressure from others. The client should also not make these decisions without informing the lawyer, as this may jeopardize their case or their relationship with the lawyer.
Conclusion
The decision-making process in the lawyer-client relationship is a collaborative and interactive one, where both parties have roles and responsibilities. The lawyer's role is to advise the client and act in their best interest, while the client's role is to communicate with the lawyer and make informed decisions. The lawyer does not have the legal right to make decisions without the client's knowledge and approval, except for some minor or procedural matters. The client has the ultimate authority to decide on the important matters that affect their rights and interests, after consulting with the lawyer. By respecting each other's roles and responsibilities, the lawyer and the client can establish a trusting and effective relationship that can lead to a successful outcome of the case.
