Summary: 1) Overview Of The Acr And The Autonomy Of Ls And Cs

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• 1 1) Overview of the ACR

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• In Brief - 1.1. Duty of Competence

  L must provide competent representation to a C.

• 1.3. Duty of Diligence - In Brief

  L has an obligation to "Act with reasonable diligence and promptness while representing a C."

• The Fiduciary Principle (L's Fiduciary Duties)

  Under agency law, in representing a C, a L has a duty to use competence, diligence good judgment, loyalty (refrain from representing conflicting interests) to carry out the objectives of the representation, always keeping C's interest first. L must also avoid the disclosure or misuse of C's confidential information

• R on the Division of Labor int the ACR

  ABA 1.2(a).

• ABA 1.2(a) - Division of Labor

  1.2(a) requires L [1] to honor the C's decisions regarding the objectives of the rep and [2] to consult with C (but not necessarily get C's permission) regarding the means by which C's objectives are to be pursued.

• Name that comment: L has authority over technical, legal, and tactical matters (whether to  depose a witness or rely on an informal interview), but C has a right to make decisions about matters such as the expense to be incurred and concern for 3rd parties who might be adversely affected

  1.2, CMT 2

• ABA R: Within certain limits, L and C can agree to modify/limit the scope of the rep

  1.2(c).

• Under agency law, what do Ls have implied authority to do

  Ls have implied authority to speak on C's behalf and to enter intro agreements w/ others w/ C's consent. Within lawful boundaries, L have implied authority to bind Cs.

• ABA R: A L cannot counsel a C to engage in criminal or fraudulent conduct, or assist C in doing something that L knows is criminal or fraudulent

  1.2(d).

• Additionally, logic would probably dictate that C has authority to decide

  Decisions that are "comparable" to the decision to settle a civil case or plea in a criminal case
  
  

  1. Whether to appeal
  2. whether to enter into a stipulation 
  3. Whether to consent to the entry of summary judgment 
  4. Waiving defenses 
  5. Selling real property