# Wyo. R. Prof. Conduct 1.2: Rule 1.2. Scope of Representation and Allocation of Authority Be- tween Client and Lawyer

> Wyoming · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_2

## Section

- **Citation:** Wyo. R. Prof. Conduct 1.2
- **Heading:** Rule 1.2. Scope of Representation and Allocation of Authority Be- tween Client and Lawyer
- **Jurisdiction:** Wyoming
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wyoming Court Rules / Rules of Professional Conduct for Attorneys at Law / Wyo. R. Prof. Conduct 1.2

## Text

(a) Subject to paragraphs (c), (d), and (e), 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.
(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. An
otherwise unrepresented person to whom limited representation is being
provided or has been provided in accordance with this rule is considered to be
unrepresented for purposes of Rules 4.2 and 4.3 unless the opposing lawyer
knows of or has been provided with:
(1) a written notice stating that the lawyer is to communicate only with
the limited representation lawyer as to the subject matter of the limited
representation; or
(2) a written notice of the time period during which the lawyer is to
communicate only with the limited representation lawyer concerning the
subject matter of the limited representation.
(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.
ect matter of the limited representation.
(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 is appointed to act as a guardian ad litem, the lawyer
shall represent what he or she reasonably believes to be in the best interests
of the individual. The lawyer shall not, therefore, be bound by the individual’s
objectives for the representation. The lawyer shall, however, consult with the
individual, in a manner appropriate to the age and/or abilities of the individual, as to the objectives the lawyer intends to pursue, as well as the means
by which those objectives will be pursued.
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
ion 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. 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
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. [6] Subsection (c) is intended
to facilitate the provision of unbundled legal services, especially to low-income
clients. “Unbundled” means that a lawyer may agree to perform a limited task
for a client without incurring the responsibility to investigate or consider other
aspects of the client’s matter. 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] If a lawyer assists in drafting a pleading, the document shall include a
statement that the document was prepared with the assistance of counsel and
shall include the name and address of the lawyer who provided the assistance.
Such a statement does not constitute an entry of appearance or otherwise mean
that the lawyer represents the client in the matter beyond assisting in the
preparation of the document(s)
assists in drafting a pleading, the document shall include a
statement that the document was prepared with the assistance of counsel and
shall include the name and address of the lawyer who provided the assistance.
Such a statement does not constitute an entry of appearance or otherwise mean
that the lawyer represents the client in the matter beyond assisting in the
preparation of the document(s).
[8] 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. 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.
[9] 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. [10] 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
r 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.
[11] 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.
[12] Where the client is a fiduciary, the lawyer may be charged with special
obligations in dealings with a beneficiary.
[13] 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
h special
obligations in dealings with a beneficiary.
[13] 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.
[14] 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).
Definitional Cross-References
“Fraudulent” See Rule 1.0(e)
“Informed consent” See Rule 1.0(f)
“Knows” See Rule 1.0(g)
“Reasonable” See Rule 1.0(i)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_2. Check the current official text before relying on it. Not legal advice.