Allocating Decision-Making b/w L&C

Question 1

3 views of the relationship between lawyer and client

Answer 1

Traditional view: client gets out of the way; lawyer makes the decisions

Hired-Gun view: client makes all of the decisions

Middle view: client decides the goal, lawyer decides strategy (Model Rules takes this approach - R.1.2)

Question 2

R.1.2 (middle view) - Civil & Criminal cases

Answer 2

Civil cases - solely up to the client whether or not to set

Criminal cases - solely up to client to decide whether or not to plead, waive a jury trial, or testify

Question 3

Is there a constitutional right to compel counsel to raise certain arguments?

Answer 3

No, the lawyer may use professional judgment NOT to make those points

Question 4

How do you distinguish between the objective and the means?

Answer 4

Gray area. Some issues could fall under either.

Question 5

Who gets to decide whether or not to argue against execution?

Answer 5

The client as long as they are deemed competent, it is their objective

Question 6

Counsel beyond legal advice (R.2.1)

Answer 6

A lawyer can refer to other considerations outside of the law such as moral, economic, social and political factors that may be relevant

Question 7

What can a lawyer do if they believe they have a client with diminished capacity? (R.1.14(b))

Answer 7

Can take reasonably protective action (consulting with individuals/entities who have the ability to take action to protect client or appoint guardian ad litem, conservator, or guardian)

Note:
See comments 5-10 for details

Question 8

What do the rules say about representing children?

Answer 8

Next to nothing (just abide by diminished capacity)