1990 Illinois Rules of Professional Conduct
RULE 1.2 Scope of
Representation and
Allocation of Authority Between Client and Lawyer
[revisions to 1990 Rule are
indicated as follows: text deleted from the 1990 Rule is shown by
strikethrough;
additions to the 1990 Rule are shown in red]
(a)
Subject to paragraphs (c) and (d),
Aa lawyer shall abide by a client's
decisions concerning the objectives of representation and,
as required by Rule 1.4,
subject to paragraphs (c), (d) and (e),
shall consult with the client as to the means by which they are to
be pursued. A lawyer may take
such action on behalf of the client as is impliedly authorized to carry out
the representation. A lawyer shall abide by a
client's decision whether to settle
accept an offer of settlement of a matter. In a criminal case, the
lawyer shall abide by the client's decision, after
consultation with disclosure by the lawyer, as to a
plea to be entered, whether to waive jury trial and whether the client will
testify.
(b) A lawyer's representation of a client, including
representation by appointment, does not constitute an endorsement of the
client's political, economic, social or moral views or activities.
(c) A lawyer may limit the objectives
scope of the
representation if the limitation
is reasonable under the circumstances and the client gives informed consent.
the client consents after disclosure.
(d) A lawyer shall not counsel a client to engage, or
assist a client, in conduct that the lawyer knows is criminal or fraudulent,
but a lawyer may discuss the legal consequences of any proposed course of
conduct with a client and may counsel or assist a client to make a
good-faith effort to determine the validity, scope, meaning or application
of the law.
(e) After accepting employment on behalf of a client, a lawyer shall not thereafter delegate to another lawyer not in the lawyer's firm the responsibility for performing or completing that employment, without the client's informed consent.
(e) A lawyer shall not present, participate in
presenting, or threaten to present criminal charges or professional
disciplinary actions to obtain an advantage in a civil matter.
(f) In representation of a client, a lawyer
shall not:
(1) file a suit, assert a position, conduct a
defense, delay a trial or take other action on behalf of the client when the
lawyer knows or reasonably should know that such action would serve merely
to harass or maliciously injure another;
(2) advance a claim or defense the lawyer knows
is unwarranted under existing law, except that the lawyer may advance such
claim or defense if it can be supported by a good-faith argument for an
extension, modification, or reversal of existing law; or
(3) fail to disclose that which the lawyer is
required by law to reveal.
(g) A lawyer who knows a client has, in the
course of representation, perpetrated a fraud upon a person or tribunal
shall promptly call upon the client to rectify the same, and if the client
refuses or is unable to do so, the lawyer shall reveal the fraud to the
affected person or tribunal, except when the information is protected as a
privileged communication.
(h) A lawyer who knows that a person other than
the client has perpetrated a fraud upon a tribunal shall promptly reveal the
fraud to the tribunal.
(i) When a lawyer knows that a client expects
assistance not permitted by these Rules or other law, the lawyer shall
consult with the client regarding the relevant limitations on the lawyer's
conduct.
Adopted February 8, 1990; effective
August 1, 1990.