Limited Scope Representation Agreement Texas
(d) Where a lawyer has confidential information clearly indicating that a client is likely to commit an indictable or fraudulent act that could cause significant harm to the financial interests or property of another, counsel shall make immediate, in the circumstances, reasonable efforts to prevent the client from committing the offence or fraud. (e) Where a lawyer has confidential information that clearly indicates that the lawyer`s client has committed a criminal or fraudulent act on behalf of the lawyer`s services, reasonable efforts should be made in the present circumstances to correct the client. (f) If a lawyer knows that a client is waiting for representation that is not authorized by the rules of professional conduct or other laws. The lawyer consults the client on the restrictions corresponding to the lawyer`s behaviour. (g) A lawyer takes appropriate steps to ensure the appointment of a guardian or other legal agent to a client or to obtain other protection orders for a client, where the lawyer reasonably believes that the client is not competent and that such measures should be taken to protect the client. Comment: Scope of presentation 1. Both the lawyer and the client have authority and responsibility in the purposes and means of representation. The client is ultimately empowered to determine the objectives to be met by legal representation within the limits prescribed by law, the professional obligations of the lawyer and the agreed scope of the representation. Within these limits, a client also has the right to consult with counsel on general methods to pursue these objectives. The lawyer should take responsibility for the means by which the client`s objectives are best achieved. Therefore, a lawyer has broad discretion in defining technical and legal tactics, subject to the client`s wishes on matters such as costs incurred and concern for third parties who might be affected.
2. Where it has not been specified in previous submissions that a particular proposal would be unacceptable to the client, a lawyer is required to inform the client of an offer to transaction in civil proceedings; and a lawyer has a similar responsibility for a good plea case proposed in criminal proceedings. 3. A lawyer should consult with the client about such a proposal and, in general, it is the client`s decision whether to accept it or not.