Scope of Representation

The scope of representation means that clients decide what goals they want to achieve, like whether to settle a case or go to trial, while lawyers determine the best methods to reach those goals after discussing options with their clients. Lawyers can limit the scope of their representation if it is reasonable and agreed upon by the client, but they cannot advise clients on committing crimes or fraud, although they can talk about the potential consequences of such actions.

A client wants to settle a personal injury case for $50,000, but the lawyer believes that going to trial could yield a better outcome. After discussing the options, the lawyer decides to pursue trial, as it is within their control to choose the means. The client agrees to this strategy, and they ultimately win $100,000 at trial.

Clients set the goals, lawyers choose the path—stay within the lines.

Exams often present scenarios where students confuse the client's control over objectives with the lawyer's control over means, leading to incorrect answers. Additionally, students may overlook the limitations on advising clients about illegal actions.

Questions typically involve a fact pattern where a client and lawyer disagree on strategy, testing the student's understanding of who controls what in the representation process.