Milles's Legal Ethics Recap

In Monday’s class, there was a question about an apparent conflict between Rule 1.2, which provides that only the client may make the decision whether to settle a case, and the fact that under the Restatement, a client can be bound by the lawyer’s acceptance of a settlement. We can clear up this confusion by remembering that the lawyer’s ethical duty and the legal effect of a settlement agreement are two different questions.

Chapter 12: Allocation of Decision-making Authority: Agreements to Settle Play Now | Play in Popup | Download