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’s role includes making settlement decisions for Jerry without his approval.
Barbara must wait for Jerry's approval before finalizing.
Barbara should terminate the representation if Jerry is unavailable for settlement instructions.
Barbara can conclude the agreement if Jerry granted authority for her to accept settlement terms.
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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