SCR 20:1.2. Scope of representation and allocation of

Scope of representation and allocation of

authority between lawyer and client

(a) Subject to pars. (c) and (d), a lawyer shall abide by a client's

decisions concerning the objectives of representation and, as required by

SCR 20:1.4, 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

or any proceeding that could result in deprivation of liberty, 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.

(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. The client’s informed consent must be in writing

except as set forth in sub. (1).

(1) The client’s informed consent need not be given in writing if:

a. the representation of the client consists solely of

telephone consultation;

b. the representation is provided by a lawyer employed by

or participating in a program sponsored by a nonprofit organization, a bar

association, an accredited law school, or a court and the lawyer’s

representation consists solely of providing information and advice or the

preparation of court-approved legal forms;

c. the court appoints the lawyer for a limited purpose that is

set forth in the appointment order;

d. the representation is provided by the state public defender

pursuant to Ch. 977, stats., including representation provided by a private

attorney pursuant to an appointment by the state public defender; or

e

formation and advice or the

preparation of court-approved legal forms;

c. the court appoints the lawyer for a limited purpose that is

set forth in the appointment order;

d. the representation is provided by the state public defender

pursuant to Ch. 977, stats., including representation provided by a private

attorney pursuant to an appointment by the state public defender; or

e. the representation is provided to an existing client

pursuant to an existing lawyer-client relationship.

(2) If the client gives informed consent in writing signed by the

client, there shall be a presumption that:

a. the representation is limited to the lawyer and the services

described in the writing, and

b. the lawyer does not represent the client generally or in

matters other than those identified in the writing.

Wisconsin Committee Comment

With respect to subparagraph (c), a lawyer providing limited scope representation in an

action before a court should consult s. 802.045, stats., regarding notice and withdrawal

requirements.

The requirements of subparagraph (c) that require the client’s informed consent, in writing, to the

limited scope representation do not supplant or replace the requirements of SCR 20:1.5(b).

(cm) A lawyer may prepare pleadings, briefs, and other

documents to be filed with the court so long as such filings clearly

indicate thereon that “This document was prepared with the assistance

of a lawyer.” A lawyer shall advise the client to whom the lawyer

provides assistance in preparing pleadings, briefs, or other documents for

filing with the court that the pleading, brief, or other document must

contain a statement that it was prepared with the assistance of a lawyer.

Wisconsin Committee Comment

early

indicate thereon that “This document was prepared with the assistance

of a lawyer.” A lawyer shall advise the client to whom the lawyer

provides assistance in preparing pleadings, briefs, or other documents for

filing with the court that the pleading, brief, or other document must

contain a statement that it was prepared with the assistance of a lawyer.

Wisconsin Committee Comment

A lawyer may prepare pleadings, briefs, and other documents to be filed with the court so long as

such filings clearly indicate thereon that said filings are “prepared with the assistance of a lawyer.”

Such actions by the lawyer shall not be deemed an appearance by the lawyer in the case.

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

in conduct that the lawyer knows is criminal or fraudulent, but a lawyer

may discuss the legal consequences of any proposed course of conduct

with a client and may counsel or assist a client to make a good faith effort

to determine the validity, scope, meaning or application of the law.

(e) When a lawyer has been retained by an insurer to represent an

insured pursuant to the terms of an agreement or policy requiring the

insurer to retain counsel on the client's behalf, the representation may be

limited to matters related to the defense of claims made against the

insured. In such cases, the lawyer shall, within a reasonable time after

being retained, inform the client in writing of the terms and scope of the

representation the lawyer has been retained by the insurer to provide.

WISCONSIN COMMENT

The Model Rule does not include paragraph (e). Paragraph (e) was added

to clarify the obligations of counsel for an insurer, in conjunction with the decision to

retain Wisconsin's "insurance defense" exception in SCR 20:1.8(f)

ng retained, inform the client in writing of the terms and scope of the

representation the lawyer has been retained by the insurer to provide.

WISCONSIN COMMENT

The Model Rule does not include paragraph (e). Paragraph (e) was added

to clarify the obligations of counsel for an insurer, in conjunction with the decision to

retain Wisconsin's "insurance defense" exception in SCR 20:1.8(f).

WISCONSIN COMMITTEE COMMENT

The Committee has retained in paragraph (a) the application of the duties stated to

"any proceeding that could result in deprivation of liberty." The Model Rule does

not include this language.

ABA COMMENT

Allocation of Authority between Client and Lawyer

[1] Paragraph (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 paragraph

(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.

[2] 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

lient'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).

[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.

[4] 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

[5] 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

reference to Rule 1.14.

Independence from Client's Views or Activities

[5] 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

[6] 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. When a lawyer has been retained by an insurer to represent an

insured, for example, 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.

[7] Although this Rule affords the lawyer and client substantial latitude to

limit the 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

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.

[8] 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

[9] Paragraph (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 with impunity.

[10] 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

he means by

which a crime or fraud might be committed with impunity.

[10] 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 supposed was 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.

[11] Where the client is a fiduciary, the lawyer may be charged with

special obligations in dealings with a beneficiary.

[12] Paragraph (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. Paragraph (d) does not preclude

undertaking a criminal defense incident to a general retainer for legal services to a

lawful enterprise. The last clause of paragraph (d) recognizes that determining 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.

[13] 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).