Can a lawyer go against their clients' wishes?

Asked by: Ms. Billie Sipes PhD  |  Last update: October 21, 2025
Score: 4.2/5 (37 votes)

A lawyer has a duty to communicate with a client. This duty includes an obligation to listen to the client's objectives and wishes and to consider them thoughtfully. A lawyer should not ignore a client's wishes.

Are lawyers allowed to go against their clients?

The law is clear that a lawyer cannot turn against their client, and any violation of this guideline can invite a stringent investigation from legal authorities. Accusations of treachery are taken seriously and may warrant criminal prosecution to ensure justice is served fairly.

What is the most common complaint against a lawyer?

According to the ABA, the most common attorney discipline complaints filed with the bar association involve:
  • Neglect.
  • Lack of communication.
  • Misrepresentation or dishonesty.
  • Scope of representation.
  • Fee disputes.

Should attorneys pursue the wishes of their clients even if they think it is not in the clients best interest?

One of the primary responsibilities of defense attorneys is to represent their clients to the best of their abilities. This means that they must advocate for their clients' interests and pursue their wishes, even if they believe that it may not be in the clients' best interests.

Can a lawyer drop a client for being annoying?

The Rules of Professional Conduct of the State Bar of California (“Rules of Conduct”) specify three circumstances under which an attorney must terminate a client relationship: (1) where the attorney knows or reasonably should know that a client is bringing an action, conducting a defense, asserting a position in ...

Can lawyers lie to help their clients?

42 related questions found

Can a lawyer drop a client if they know is guilty?

Can lawyers refuse to defend someone? Yes, under certain circumstances, lawyers have the right to decline representation, including conflicts of interest, lack of expertise, or personal beliefs. However, they cannot deny representation based on whether the client is guilty or innocent.

How to get rid of a client politely?

When firing a client, always:
  1. Check your contract or engagement letter. What terms do you have in place to fire a client? ...
  2. Maintain your integrity. Stay calm, rational and polite. ...
  3. Follow-up with a phone call. ...
  4. Resist the urge to engage. ...
  5. Give them a referral. ...
  6. Finish the project, if at all possible.

Do lawyers want to know if their client is guilty?

The reason most criminal defense lawyers won't ask you if you're actually "guilty" is that it's not relevant to the case. Also, it's not their job to find out. Their job is to defend you, and put up a fair case.

What is the rule 1.4 communication?

(c) A lawyer may delay transmission of information to a client if the lawyer reasonably believes* that the client would be likely to react in a way that may cause imminent harm to the client or others.

What is a motion to disqualify attorney for conflict of interest?

A motion to disqualify counsel is a request made by a party to the court to remove the opposing party's attorney from the case, usually based on a conflict of interest or another ethical violation. (NOTE: Ethical violations are determined by the rules of professional conduct for lawyers.

How do you know you have a bad lawyer?

Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.

What should you not say to a lawyer?

Eight Things You Shouldn't Say to Your Lawyer
  • Do Not Say Anything to Your Attorney That Is Not True. ...
  • Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
  • Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.

How do you know if your lawyer is selling you out?

How Can You Tell If Your Lawyer Is Selling You Out?
  • They Regularly Miss Deadlines and Appointments. ...
  • They Show a Lack of Interest in Your Case. ...
  • They Are Pushing You Too Quickly or Forcefully to Settle. ...
  • They Fail to Return or Answer Your Calls. ...
  • They're not Transparent in Billing and Payment Practices.

Can a lawyer drop your case without telling you?

First, the attorney must give the client proper notice of the intended withdrawal as well as notices of upcoming hearing dates, etc. The attorney must also notify the court of the client's contact information so that notices can be sent directly to the client following the withdrawal.

Can a lawyer defend someone they know is lying?

This means, amongst other things, that when representing the defendant, the lawyer must not knowingly lie to the court. Moreover, if a lawyer knows that the defendant (or a witness that they have brought before the court) has been lying to the court, they must go to that person and demand that the truth be told.

What are an attorney's ethical obligations to his/her client?

Pursuant to Business & Professions Code section 6068(e), an attorney has a duty to: “maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.” Also, under rule 1.6(a), “[a] lawyer shall not reveal information protected from disclosure by Business and ...

Do lawyers have to listen to clients?

Lawyers who lack the ability to read and address the feelings of their clients risk the same discontent. To make well-informed plans about a client's case, the attorney, in addition to formulating innovative theories and daring strategies, must learn to listen well to the ex- pressive language of the client.

What is the 738 55 Rule of communication?

The 7-38-55 rule is a concept concerning the communication of emotions. The rule states that 7 percent of meaning is communicated through spoken word, 38 percent through tone of voice, and 55 percent through body language.

What is the 10 second Rule communication?

By pausing for 10 seconds during conversations, we give children the opportunity to process what they've heard and formulate their response. This simple strategy can yield remarkable results. Studies support the importance of pausing during conversations with young children.

Can a lawyer snitch on their client?

The short answer is no, a lawyer cannot snitch on their client.

Can you tell your lawyer everything?

The attorney-client privilege is a legal protection that keeps communications between lawyers and their clients confidential. This means that you can tell your lawyer almost anything without worrying that it will be used against you in court.

Can your lawyer work against you?

[6] Loyalty to a current client prohibits undertaking representation directly adverse to that client without that client's informed consent. Thus, absent consent, a lawyer may not act as an advocate in one matter against a person the lawyer represents in some other matter, even when the matters are wholly unrelated.

When to let go of a client?

Signs you should fire a client
  1. The client is abusive. Examples of abuse include: ...
  2. The client is unreasonable. A client can be unreasonable in different ways. ...
  3. There are constant payment issues. Payment issues shouldn't happen. ...
  4. The client takes up more time than they're worth. ...
  5. The relationship isn't improving.

How do you say no to a client in a nice way?

How to turn down a client, say 'no' or decline a project
  1. Return the message in the format it was received. ...
  2. Give the prospective client an answer as soon as possible. ...
  3. Thank the prospective client. ...
  4. Give a reason, but don't go into detail. ...
  5. Consider suggesting an alternative. ...
  6. Keep your responses professional.

How do I dump a client?

When breaking up with difficult clients, be honest, concise, and firm, documenting conversations in writing to maintain professionalism. Ending difficult client relationships allows brokers to focus on positive working relationships, maintain their reputation, and advance their career.