Certain rights and obligations are conferred solely upon attorneys concerning the actions they take when representing clients. However, in litigated matters, there are competing ethical obligations between a lawyer’s right to take independent action and the obligation to involve clients in decision-making after they are fully informed by counsel about the ramifications of the decision to be made. The dividing line between the competing duties delegated to counsel and those reserved for the client remains somewhat unclear.
In this article, we will discuss the interaction between these respective duties within the context of litigation, and the limits on them.
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