Rule 1.2. Scope of Representation and Allocation of Authority between Client and

Scope of Representation and Allocation of Authority between Client and

Lawyer

(a) Subject to subsections (c) and (d), a lawyer

shall abide by a client’s decisions concerning the

objectives of representation and, as required by

Rule 1.4, shall consult with the client as to the

means by which they are to be pursued. A lawyer

may take such action on behalf of the client as is

impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision

whether to settle a matter. In a criminal case, the

lawyer shall abide by the client’s decision, after

consultation with the lawyer, as to a plea to be

entered, whether to waive jury trial and whether

the client will testify. Subject to revocation by the

client and to the terms of the contract, a client’s

decision to settle a matter shall be implied where

the lawyer is retained to represent the client by a

third party obligated under the terms of a contract

to provide the client with a defense and indemnity

for the loss, and the third party elects to settle a

matter without contribution by the client.

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political,

economic, social or moral views or activities.

(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. Such informed consent shall not be required

when a client cannot be located despite reasonable efforts where the lawyer is retained to represent a client by a third party that is obligated by

contract to provide the client with a defense.

activities.

(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. Such informed consent shall not be required

when a client cannot be located despite reasonable efforts where the lawyer is retained to represent a client by a third party that is obligated by

contract to provide the client with a defense.

(d) A lawyer shall not counsel a client to engage,

or assist a client, in conduct that the lawyer knows

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is criminal or fraudulent, but a lawyer may (1)

discuss the legal consequences of any proposed

course of conduct with a client; (2) counsel or

assist a client to make a good faith effort to determine the validity, scope, meaning or application of

the law; or (3) counsel or assist a client regarding

conduct expressly permitted by Connecticut law,

provided that the lawyer counsels the client about

the legal consequences, under other applicable

law, of the client’s proposed course of conduct.

(P.B. 1978-1997, Rule 1.2.) (Amended June 26, 2006, to

take effect Jan. 1, 2007; amended June 29, 2007, to take

effect Jan. 1, 2008; amended June 13, 2014, to take effect

Jan. 1, 2015.)

COMMENTARY: Allocation of Authority between Client

and Lawyer. Subsection (a) confers upon the client the ultimate authority to determine the purposes to be served by

legal representation, within the limits imposed by law and the

lawyer’s professional obligations. The decisions specified in

subsection (a), such as whether to settle a civil matter, must

also be made by the client. See Rule 1.4 (a) (1) for the lawyer’s

duty to communicate with the client about such decisions. With

respect to the means by which the client’s objectives are to

be pursued, the lawyer shall consult with the client as required

by Rule 1.4 (a) (2) and may take such action as is impliedly

authorized to carry out the representation.

On occasion, however, a lawyer and a client may disagree

about the means to be used to accomplish the client’s objectives

cate with the client about such decisions. With

respect to the means by which the client’s objectives are to

be pursued, the lawyer shall consult with the client as required

by Rule 1.4 (a) (2) and may take such action as is impliedly

authorized to carry out the representation.

On occasion, however, a lawyer and a client may disagree

about the means to be used to accomplish the client’s objectives. Clients normally defer to the special knowledge and

skill of their lawyer with respect to the means to be used to

accomplish their objectives, particularly with respect to technical, legal and tactical matters. Conversely, lawyers usually

defer to the client regarding such questions as the expense

to be incurred and concern for third persons who might be

adversely affected. Because of the varied nature of the matters

about which a lawyer and client might disagree and because

the actions in question may implicate the interests of a tribunal

or other persons, this Rule does not prescribe how such disagreements are to be resolved. Other law, however, may be

applicable and should be consulted by the lawyer. The lawyer

should also consult with the client and seek a mutually acceptable resolution of the disagreement. If such efforts are unavailing and the lawyer has a fundamental disagreement with the

client, the lawyer may withdraw from the representation. See

Rule 1.16 (b) (4). Conversely, the client may resolve the disagreement by discharging the lawyer. See Rule 1.16 (a) (3).

At the outset of a representation, the client may authorize

the lawyer to take specific action on the client’s behalf without

further consultation. Absent a material change in circumstances and subject to Rule 1.4, a lawyer may rely on such

an advance authorization. The client may, however, revoke

such authority at any time.

In a case in which the client appears to be suffering diminished capacity, the lawyer’s duty to abide by the client’s decisions is to be guided by reference to Rule 1.14.

Independence from Client’s Views or Activities

on. Absent a material change in circumstances and subject to Rule 1.4, a lawyer may rely on such

an advance authorization. The client may, however, revoke

such authority at any time.

In a case in which the client appears to be suffering diminished capacity, the lawyer’s duty to abide by the client’s decisions is to be guided by reference to Rule 1.14.

Independence from Client’s Views or Activities. Legal

representation should not be denied to people who are unable

to afford legal services or whose cause is controversial or the

subject of popular disapproval. By the same token, representing a client does not constitute approval of the client’s views

or activities.

Agreements Limiting Scope of Representation. The

scope of services to be provided by a lawyer may be limited

by agreement with the client or by the terms under which the

lawyer’s services are made available to the client. For example, when a lawyer has been retained by an insurer to represent

Rule 1.3

an insured, the representation may be limited to matters

related to the insurance coverage. A limited representation

may be appropriate because the client has limited objectives

for the representation. In addition, the terms upon which representation is undertaken may exclude specific means that might

otherwise be used to accomplish the client’s objectives. Such

limitations may exclude actions that the client thinks are too

costly or that the lawyer regards as repugnant or imprudent.

Nothing in Rule 1.2 shall be construed to authorize limited

appearances before any tribunal unless otherwise authorized

by law or rule.

Although this Rule affords the lawyer and client substantial

latitude to limit the scope of representation, the limitation must

be reasonable under the circumstances

ctions that the client thinks are too

costly or that the lawyer regards as repugnant or imprudent.

Nothing in Rule 1.2 shall be construed to authorize limited

appearances before any tribunal unless otherwise authorized

by law or rule.

Although this Rule affords the lawyer and client substantial

latitude to limit the scope of representation, the limitation must

be reasonable under the circumstances. If, for example, a

client’s objective is limited to securing general information

about the law the client needs in order to handle a common

and typically uncomplicated legal problem, the lawyer and

client may agree that the lawyer’s services will be limited to

a brief telephone consultation. Such a limitation, however,

would not be reasonable if the time allotted was not sufficient

to yield advice upon which the client could rely. Although an

agreement for a limited representation does not exempt a

lawyer from the duty to provide competent representation, the

limitation is a factor to be considered when determining the

legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. See Rule 1.1.

All agreements concerning a lawyer’s representation of a

client must accord with the Rules of Professional Conduct and

other law. See, e.g., Rules 1.1, 1.8 and 5.6.

Criminal, Fraudulent and Prohibited Transactions. Subsection (d) prohibits a lawyer from knowingly counseling or

assisting a client to commit a crime or fraud. This prohibition,

however, does not preclude the lawyer from giving an honest

opinion about the actual consequences that appear likely to

result from a client’s conduct. Nor does the fact that a client

uses advice in a course of action that is criminal or fraudulent

of itself make a lawyer a party to the course of action. There

is a critical distinction between presenting an analysis of legal

aspects of questionable conduct and recommending the

means by which a crime or fraud might be committed

ual consequences that appear likely to

result from a client’s conduct. Nor does the fact that a client

uses advice in a course of action that is criminal or fraudulent

of itself make a lawyer a party to the course of action. There

is a critical distinction between presenting an analysis of legal

aspects of questionable conduct and recommending the

means by which a crime or fraud might be committed.

When the client’s course of action has already begun and

is continuing, the lawyer’s responsibility is especially delicate.

The lawyer is required to avoid assisting the client, for example,

by drafting or delivering documents that the lawyer knows are

fraudulent or by suggesting how the wrongdoing might be

concealed. A lawyer may not continue assisting a client in

conduct that the lawyer originally believed legally proper but

then discovers is criminal or fraudulent. The lawyer must,

therefore, withdraw from the representation of the client in the

matter. See Rule 1.16 (a). In some cases, withdrawal alone

might be insufficient. It may be necessary for the lawyer to give

notice of the fact of withdrawal and to disaffirm any opinion,

document, affirmation or the like. See Rule 4.1.

Where the client is a fiduciary, the lawyer may be charged

with special obligations in dealings with a beneficiary.

Subsection (d) applies whether or not the defrauded party

is a party to the transaction. Hence, a lawyer must not participate in a transaction to effectuate criminal or fraudulent avoidance of tax liability. Subsection (d) does not preclude undertaking

a criminal defense incident to a general retainer for legal services

toa lawfulenterprise.Subsection(d)(2)recognizesthatdetermining the validity or interpretation of a statute or regulation may

require a course of action involving disobedience of the statute

or regulation or of the interpretation placed upon it by governmental authorities

tax liability. Subsection (d) does not preclude undertaking

a criminal defense incident to a general retainer for legal services

toa lawfulenterprise.Subsection(d)(2)recognizesthatdetermining the validity or interpretation of a statute or regulation may

require a course of action involving disobedience of the statute

or regulation or of the interpretation placed upon it by governmental authorities. Subsection (d) (3) is intended to permit

counsel to provide legal services to clients without being subject to discipline under these Rules notwithstanding that the

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Copyrighted by the Secretary of the State of the State of Connecticut

services concern conduct prohibited under federal or other law

but expressly permitted under Connecticut law, e.g., conduct

under An Act Concerning the Palliative Use of Marijuana,

Public Act 12-55, effective Oct. 1, 2012. Subsection (d) (3)

shall not provide a defense to a presentment filed pursuant

to Practice Book Section 2-41 against an attorney found guilty

of a serious crime in another jurisdiction.

If a lawyer comes to know or reasonably should know that

a client expects assistance not permitted by the Rules of Professional Conduct or other law or if the lawyer intends to act

contrary to the client’s instructions, the lawyer must consult

with the client regarding the limitations on the lawyer’s conduct.

See Rule 1.4 (a) (5).