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Sure, but then we’re just talking in circles. The obligation to represent a client a certain way is dictated by the Rules of Professional Conduct (RPCs) promulg
by Fezzik 6y ago
Sure, but then we’re just talking in circles. The obligation to represent a client a certain way is dictated by the Rules of Professional Conduct (RPCs) promulgated by the state and federal bar associations. And what makes an attorney’s representation of a client adequate is additionally influenced by the area of law at issue and what makes a good or bad case theory/defense. Nowhere in any RPCs or in any case law is there a requirement that an attorney do what a client says, except in regards to letting a defendant testify if they want to.
Edit, to add: if it happens that what a defendant recommends comports with the RPCs and the best practices dictated by case law then an attorney would follow that recommendation... because it was required by an RPC or the best practice given the related case law, but definitely not because a defendant said it. If a defendant is giving an attorney pertinent legal advice then the attorney should probably look for a new job though.