There are times when an attorney will enter into a retainer engagement, either for a transactional undertaking or litigation, in which he or she will want to describe and specify the nature of the representation and any limitations on the attorney/client relationship.

RPC 1.2(c) in fact allows a lawyer to limit the scope of representation if (1) the limitation is reasonable under the circumstances and (2) the client gives “informed consent” to the limitation. RPC 1.0(e) defines that “informed consent” as consent having been given by the client after the attorney has communicated adequate information and explains the material risks of, and reasonably available alternatives to, the proposed course of conduct. The New Jersey rule, unlike the Model Rule, restricting representation speaks in terms of “informed consent” rather than merely “consent after consultation.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]