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Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer

Vermont Rules of Professional Conduct

(a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by Rule 1.4, 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 a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with 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 scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. A lawyer who has not entered a limited appearance but who provides assistance in drafting any document that the lawyer knows or should know will be presented to a tribunal shall advise the client to comply with any rules of the tribunal regarding participation by a lawyer in support of a self-represented litigant.

(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.

Amendment history: Amended June 17, 2009, eff. Sept. 1, 2009; Aug. 25, 2016, eff. Oct. 31, 2016; Sept. 13, 2022, eff. Nov. 14, 2022.