Multistate Professional Responsibility Exam Practice Question
Barbara is representing Jerry in a civil lawsuit. Jerry is traveling and cannot be reached for instructions about a proposed settlement. Barbara believes the offer is fair and wants to finalize it. Which answer is best?
Barbara can conclude the agreement if Jerry granted authority for her to accept settlement terms.
Barbara must wait for Jerry's approval before finalizing.
Barbara’s role includes making settlement decisions for Jerry without his approval.
Barbara should terminate the representation if Jerry is unavailable for settlement instructions.
Lawyers may negotiate settlement terms but generally finalize them only if the client has granted authority. The correct response highlights the need for Jerry's approval to complete the process. The incorrect responses either assume the lawyer can finalize decisions alone or suggest abandoning the representation when the client is unavailable, which is not aligned with professional standards.
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What does it mean for a lawyer to have authority to accept settlement terms?
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Why is it important for a lawyer to wait for client approval before finalizing a settlement?
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What should a lawyer do if the client is temporarily unreachable but a time-sensitive settlement offer is made?
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Multistate Professional Responsibility Exam
The client-lawyer relationship
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