A basic premise of the attorney-client relationship is that the client steers the ship. The reason the relationship exists at all is the client’s need for legal services that the lawyer agrees to provide. In a broad sense, legal counsel educates the client by providing professional advice and information to arm the client with the knowledge to instruct the lawyer how to proceed.
If the attorney does not follow the client’s legitimate instructions and the failure to do so results in loss or harm to the client, the lawyer has likely committed legal malpractice.
Decision-making roles
Of course, a client must not (and should not) make every single decision at every step of the way. Rather, the client has the right to make decisions about issues that could have a significant impact on the client or their family or on a third party.
Legal counsel’s role is to apprise the client about the relevant law, court and other legal processes, likely outcomes, costs, and pros and cons of important decisions. Armed with this knowledge, the client can make informed decisions that the lawyer is normally bound to follow.
The attorney makes decisions through the exercise of their professional judgment in creating legal strategies and enabling the processes required to accomplish the client’s goals.
Client instructional areas
Whether the legal matter involves facilitating transactions, drafting legal documents, negotiating on the client’s behalf or conducting litigation, key decisions are involved. Matters that a client normally has the right to instruct the attorney on could include:
- Whether to make a settlement offer or to accept one
- Whether to file or withdraw a lawsuit
- Whether to appeal a loss to a higher court
- What the major terms of a contract should be
- What the parameters of a sales or purchase transaction will be
- And other matters of similar impact and import
On these kinds of major parameters of legal work for a client, the attorney must (almost always) follow the client’s instructions.
The Conflict Lab presents an article about the balance between attorney and client in decision-making recognizing the “realities of the legal framework and the client’s goals, values and objectives.” The author notes that “it is the client’s case and only they know what will satisfy them and what they are willing to spend and sacrifice to get it.” So, while the attorney may not agree with a client’s instructions, if they are legitimate, the lawyer must comply.
Key takeaways
A client may believe their lawyer failed to follow their instructions, consult them about major decisions or provide adequate legal information and guidance for decision-making. Should this breach the attorney’s duty of care, the client may have a claim for legal malpractice if the breach caused harm or loss to the client. These kinds of malpractice cases depend heavily on the unique facts of each one as well as the law of the jurisdiction involved.