Diane Goldstein Temkin

March 15, 2018 | New York Law Journal

The Rules of Professional Conduct allocate primary decision-making about fundamental strategic issues to the client. While superseding the client's decision-making with that of the lawyer is permissible for routine tactical matters, that is not the case for fundamental decisions such as whether or not to plead guilty, whether to settle a civil case, whether to go to trial, whether to assert an insanity defense, or whether to concede guilt at trial in the hope of averting greater punishment.

By Diane Goldstein Temkin and Barry R. Temkin

9 minute read