# Conn. R. Prof'l Conduct 1.2: Rule 1.2. Scope of Representation and Allocation of Authority between Client and

> Connecticut · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_2

## Section

- **Citation:** Conn. R. Prof'l Conduct 1.2
- **Heading:** Rule 1.2. Scope of Representation and Allocation of Authority between Client and
- **Jurisdiction:** Connecticut
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Connecticut Court Rules / Connecticut Rules of Professional Conduct / Conn. R. Prof'l Conduct 1.2

## Text

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).

## Nearby sections

- [Conn. R. Prof'l Conduct 1.0 Rule 1.0. Terminology](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_0.md)
- [Conn. R. Prof'l Conduct 1.1 Rule 1.1. Competence](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_1.md)
- [Conn. R. Prof'l Conduct 1.2 Rule 1.2. Scope of Representation and Allocation of Authority between Client and](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_2.md)
- [Conn. R. Prof'l Conduct 1.3 Rule 1.3. Diligence](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_3.md)
- [Conn. R. Prof'l Conduct 1.4 Rule 1.4. Communication](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_4.md)
- [Conn. R. Prof'l Conduct 1.5 Rule 1.5. Fees](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_5.md)
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- [Conn. R. Prof'l Conduct 1.7 Rule 1.7. Conflict of Interest: Current Clients](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_7.md)
- [Conn. R. Prof'l Conduct 1.8 Rule 1.8. Conflict](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_8.md)
- [Conn. R. Prof'l Conduct 1.9 Rule 1.9. Duties to Former Clients](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_9.md)
- [Conn. R. Prof'l Conduct 1.10 Rule 1.10. Imputation of Conflicts of Interest:](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_10.md)
- [Conn. R. Prof'l Conduct 1.11 Rule 1.11. Special Conflicts of Interest for Former and Current Government Officers and](https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_11.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_CT_RPC_R1_2. Check the current official text before relying on it. Not legal advice.
