Multistate Professional Responsibility Exam Practice Question
An attorney is retained by a client to manage a complex litigation case, with explicit instructions that all major legal strategies must be approved by the client. Believing it is in the client’s best interest, the attorney unilaterally decides to accept a settlement offer without consulting the client. Which of the following best describes the attorney’s decision-making authority in this situation?
The attorney exceeded their actual decision-making authority by settling without client approval.
The attorney demonstrated appropriate decision-making by acting in the client’s best interest.
The attorney acted within their apparent authority to settle the case.
The attorney did not have decision-making authority to settle, rendering the settlement void.
The attorney exceeded their actual decision-making authority by making a significant decision without the client’s approval, which was contrary to the agreed-upon scope of representation.
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What is the difference between actual authority and apparent authority in legal representation?
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What are a client’s rights in managing attorney-client decision-making?
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What are the ethical implications of an attorney acting outside the agreed scope of representation?
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Multistate Professional Responsibility Exam
The client-lawyer relationship
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