skip navigation
search

End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Louisiana Legal Ethics

1.2   Rule 1.2 Scope of Representation

1.2:100   Comparative Analysis of Louisiana Rule

¥ Primary Louisiana References: LA Rule 1.2
¥ Background References: ABA Model Rule 1.2, Other Jurisdictions
¥ Commentary:

1.2:101      Model Rule Comparison

LRPC 1.2(a) sets forth generally that, while both the lawyer and client have responsibilities regarding the representation, the clientÕs authority regarding the purposes of the legal representation supersedes that of the lawyer. While the idea set forth in LRPC 1.2(a) came from the Model Rules, the Louisiana Legislature did not adopt the language of MR 1.2(a). Instead, the first two sentences of Comment 1 to MR 1.2(a) were adopted. Thus, a conscious effort was made to leave some of the specific areas mentioned in MR 1.2(a) unregulated. For example, MR 1.2(a) explicitly requires that the lawyer consult with his client concerning the means by which the representation will be executed and instructs lawyers to abide by their clientÕs decision on settlement offers.

In the criminal context, MR 1.2 (a) requires attorneys to abide by their clientÕs decisions pertaining to pleas, the use of a jury trial and whether the client will testify. LRPC 1.2 has no regulations directing the criminal process.

MR 1.2(b) provides that a lawyerÕs representation of a client does not constitute an endorsement of his clientsÕ views. LRPC 1.2 has no counterpart.

LRPC 1.2(b) is identical to MR 1.2(c). Both allow the lawyer to limit the objectives of representation with the clientÕs consent. LRPC 1.2(c) mirrors MR 1.2(d). Both provide that a lawyer is forbidden from knowingly providing legal advice regarding his clientÕs involvement in illegal activity although he may counsel on the meaning of laws. LRPC 1.2(d) is identical to MR 1.2(e), requiring a lawyer to advise his client, in certain situations, on the limits placed on his professional conduct by professional rules.

1.2:102      Model Code Comparison

LRPC 1.2(a) provides that the lawyer is responsible for the objectives and means of the representation while the client defines the purposes to be served by the representation within the bounds of the law and the lawyerÕs professional obligations. In the Model Code, DR 7-101(A)(1) prohibits attorneys from intentionally failing to pursue their clientsÕ lawful objectives by permissible and reasonably available means. When an attorney disagrees with his client as to vital parts of the representation, EC 5-12 and 7-7 provide that the clientÕs decision controls. There are no provisions in the Model Code which address the attorneyÕs responsibility for the objectives and means of the representation.

LRPC 1.2(b) allows a lawyer to limit the objectives of representation only if the client consents after consultation. Although the Model Code has no direct counterpart, its closest corollary is found in DR 7-101(B)(1) which allows a lawyer to use his or her professional judgment in waiving or failing to assert rights or positions of his or her client. Additionally, EC 7-8 charges a lawyer to insure that his clientÕs decisions are fully informed, even if the lawyer has to initiate the decision-making process. The Model Code provisions set forth in the previous paragraph also make clear that the client is responsible for setting the objectives of the representation. Therefore, the Model Code imposes an obligation upon attorneys to insure that their clientÕs decisions about their representation are informed ones, but does not limit the lawyerÕs control over the objectives of representation like LRPC 1.2(b).

LRPC 1.2(c) forbids a lawyer from assisting his client in conduct that the lawyer knows is criminal or fraudulent. Nevertheless, Paragraph (c) allows lawyers to discuss the legal consequences of proposed courses of conduct and the Òvalidity, scope, meaning or application of the law.Ó Likewise, DR 7-102(A)(7) and (8) prevent a lawyer from assisting his client in committing illegal or fraudulent acts and from knowingly engaging in illegal conduct or conduct which violates the Disciplinary Rules. DR 7-101(B)(2) is broader than LRPC 1.2 because it allows a lawyer to refuse to participate in conduct he merely believes to be unlawful.

In situations where the lawyer knows the clientÕs expectations of representation exceed the bounds allowed under the rules of professional conduct, LRPC 1.2(d) requires that the lawyer in Louisiana advise the client of the professional limitations restricting his or her conduct. There is no counterpart to this provision in the Model Code.

1.2:200   Creating the Client-Lawyer Relationship

¥ Primary Louisiana References: LA Rule 1.2
¥ Background References: ABA Model Rule 1.2, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:101, ALI-LGL ¤¤ 26-29A, Wolfram ¤ 9.2

This section has not yet been completed.

1.2:210      Formation of Client-Lawyer Relationship

This section has not yet been completed.

1.2:220      Lawyer's Duties to Prospective Client

This section has not yet been completed.

1.2:230      When Representation Must Be Declined [see 1.16:200-230]

This section has not yet been completed.

1.2:240      Client-Lawyer Agreements

This section has not yet been completed.

1.2:250      Lawyer's Duties to Client in General

This section has not yet been completed.

1.2:260      Client's Duties to Lawyer

This section has not yet been completed.

1.2:270      Termination of Lawyer's Authority

This section has not yet been completed.

1.2:300   Authority to Make Decisions or Act for Client

¥ Primary Louisiana References: LA Rule 1.2(a)
¥ Background References: ABA Model Rule 1.2(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31.301, ALI-LGL ¤¤ 32-34, 37-41, Wolfram ¤¤ 4.4, 4.6

This section has not yet been completed.

1.2:310      Allocating Authority to Decide Between Client and Lawyer

This section has not yet been completed.

1.2:320      Authority Reserved to Client

This section has not yet been completed.

1.2:330      Authority Reserved to Lawyer

This section has not yet been completed.

1.2:340      Lawyer's Authority to Act for Client

This section has not yet been completed.

1.2:350      Lawyer's Knowledge Attributed to Client

This section has not yet been completed.

1.2:360      Lawyer's Act or Advice as Mitigating or Avoiding Client Responsibility

This section has not yet been completed.

1.2:370      Appearance Before a Tribunal

This section has not yet been completed.

1.2:380      Authority of Government Lawyer

This section has not yet been completed.

1.2:400   Lawyer's Moral Autonomy

¥ Primary Louisiana References: LA Rule 1.2(b)
¥ Background References: ABA Model Rule 1.2(b), Other Jurisdictions
¥ Commentary: Wolfram ¤ 10.4

This section has not yet been completed.

1.2:500   Limiting the Scope of Representation

¥ Primary Louisiana References: LA Rule 1.2(c)
¥ Background References: ABA Model Rule 1.2(c), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:301, ALI-LGL ¤ 30, Wolfram ¤ 5.6.7

This section has not yet been completed.

1.2:510      Waiver of Client or Lawyer Duties (Limited Representation)

This section has not yet been completed.

1.2:600   Prohibited Assistance

¥ Primary Louisiana References: LA Rule 1.2(d)
¥ Background References: ABA Model Rule 1.2(d), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:301, ALI-LGL ¤ 151, Wolfram ¤ 13.3

This section has not yet been completed.

1.2:610      Counseling Illegal Conduct

This section has not yet been completed.

1.2:620      Assisting Client Fraud

This section has not yet been completed.

1.2:630      Counseling About Indeterminate or Uncertain Law

This section has not yet been completed.

1.2:700   Warning Client of Limitations on Representation

¥ Primary Louisiana References: LA Rule 1.2(e)
¥ Background References: ABA Model Rule 1.2(e), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:301, ALI-LGL ¤ 165,

This section has not yet been completed.

1.2:800   Identifying to Whom a Lawyer Owes Duties

¥ Primary Louisiana References: LA Rule 1.2
¥ Background References: ABA Model Rule 1.2, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:101, ALI-LGL ¤¤ 72, 73, 155, 156A, Wolfram ¤ 7.2

This section has not yet been completed.

1.2:810      Prospective Clients [see 1.2:220]

This section has not yet been completed.

1.2:820      Persons Paying for Representation of Another [see 1.7:400]

This section has not yet been completed.

1.2:830      Representing an Entity [see also 1.13:200]

This section has not yet been completed.

1.2:840      Representing a Fiduciary [see also 1.13:520]

This section has not yet been completed.

1.2:850      Class Action Clients

This section has not yet been completed.

Copyright
About us
Send email