Can a lawyer go against their clients wishes?

When an attorney ignores the wishes of their client, this is considered legal negligence in many cases. For example, when an attorney ignores his client's wishes and decides to settle his client's claim without his permission, this is considered legal negligence. Generally, the lawyer will be forced to stop representing all clients if joint representation fails. The client for whom the representation is directly adverse is likely to feel betrayed, and the resulting damage to the client-attorney relationship is likely to impair the attorney's ability to effectively represent the client.

The lawyer seeks to resolve potentially adverse interests by developing the mutual interests of the parties. When more than one client is involved, the possibility that the lawyer can continue to represent any of the clients depends both on the lawyer's ability to fulfill the obligations contracted with the previous client and on the lawyer's ability to adequately represent the remaining client or clients, taking into account the lawyer's obligations to the former client. At the beginning of joint representation and as part of the process of obtaining informed consent from each client, the lawyer must inform each client that the information will be shared and that the lawyer will have to withdraw if one client decides that any matter important to representation should be hidden from the other. When the lawyer represents more than one client, the question of consent must be resolved in relation to each client.

Therefore, under paragraph (b) (), representation is prohibited if, under the circumstances, the attorney cannot reasonably conclude that he will be able to provide competent and diligent representation. Unforeseeable events, such as changes in corporate affiliations and other organizations or the incorporation or realignment of parties to litigation, can create conflicts in the midst of representation, such as when a company sued by the lawyer on behalf of a client is purchased by another client represented by the lawyer in an unrelated matter. If you have a legal malpractice case because your lawyer ignored your wishes as a client, don't delay. For example, a lawyer cannot assume the common representation of clients when contentious litigation or negotiation between them is imminent or planned.

Whether the revocation of consent to the client's representation prevents the lawyer from continuing to represent other clients depends on the circumstances, including the nature of the dispute, whether the client revoked the consent due to a substantial change in circumstances, the other client's reasonable expectations, and whether this would significantly harm other clients or the lawyer. On the other hand, the lawyer has the obligation, both contractual and ethical, to take into account the client's wishes. With respect to attorney-client privilege, the prevailing rule is that, as is the case among clients with regular representation, the privilege is not granted. However, a conflict of interest exists if there is a significant risk that an attorney's action on behalf of a client will materially limit the lawyer's effectiveness in representing another client in a different case; for example, when a decision that favors one client will create a precedent that is likely to seriously weaken the position taken on behalf of the other client.

Depending on the circumstances, the lawyer may have the option of withdrawing from one of the representations to avoid conflict.

Laura Holzer
Laura Holzer

Certified tv fanatic. Evil coffee scholar. Total social media enthusiast. Amateur pop culture ninja. Amateur social media evangelist. Typical burrito fan.

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