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RPC 1.2, part of the Washington Rules of Professional Conduct, is essential in defining the relationship between a lawyer and their client. This rule focuses on the scope of representation and the allocation of authority, ensuring that both the lawyer and the client understand their respective roles and responsibilities. Clear communication and adherence to this rule are key to maintaining ethical legal practices.

Read the full text of RPC 1.2 here.

Key Elements of RPC 1.2

1. Client’s Authority on Representation Objectives

RPC 1.2(a) establishes that the client has the final say on the objectives of their legal representation. Lawyers must respect the client’s decisions regarding critical issues, such as whether to settle a civil case or how to plead in a criminal case. While the lawyer provides guidance on the best strategies to achieve these goals, they are required to consult with the client regularly, as outlined in RPC 1.4.

In criminal matters, the client decides on important issues like plea deals, jury trial waivers, and whether to testify. The lawyer is authorized to take necessary actions on behalf of the client that are impliedly required to fulfill the representation.

2. Independence from Client’s Views

RPC 1.2(b) clarifies that a lawyer’s representation of a client does not mean the lawyer endorses the client’s political, economic, social, or moral views. This is crucial for ensuring that legal services are available to everyone, regardless of public opinion about the client’s actions or beliefs.

3. Limiting the Scope of Representation

Under RPC 1.2(c), a lawyer may limit the scope of their representation if it is reasonable under the circumstances and the client gives informed consent. For example, a client may need specific legal services, or the terms of the agreement may restrict the lawyer’s role. This is common in cases where an insurance company hires a lawyer to represent an insured client only in matters related to coverage.

4. Prohibition on Assisting Criminal or Fraudulent Conduct

RPC 1.2(d) strictly prohibits a lawyer from counseling or assisting a client in criminal or fraudulent activities. However, a lawyer can discuss the legal implications of a proposed course of action and help the client understand potential consequences. If a lawyer discovers that a client’s actions are criminal or fraudulent, they must withdraw from the representation and take steps to disassociate from the wrongdoing.

5. Acting Without Authority

RPC 1.2(f) prohibits a lawyer from acting as a representative for any person or organization without proper authority, unless required by law or a court order. This rule ensures that lawyers operate within the bounds of their professional roles and avoid unauthorized actions that could lead to legal or ethical issues.

Special Considerations in Washington

Washington’s RPC 1.2 includes specific comments and provisions that address unique state circumstances. For example, lawyers may advise clients regarding Washington’s marijuana laws, even if these laws conflict with federal regulations. In such cases, the lawyer must also inform the client about relevant federal laws and policies.

Conclusion

RPC 1.2 is a fundamental rule that governs the lawyer-client relationship in Washington State. By clearly defining the scope of representation and client authority, it ensures that both parties understand their roles and responsibilities. Adhering to RPC 1.2 is essential for maintaining ethical and effective legal practices.

For more detailed information, read the full text of RPC 1.2.

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About Blanford Law:

We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions.  If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com

Additional Resources on Legal Ethics & Client Rights

For more insights into attorney-client relationships, legal ethics, and client rights, explore these related articles from Blanford Law:

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🔹 Understanding RCW 18.19.180: Confidential Communications (Part 1) – A breakdown of Washington’s confidentiality laws, protecting client information in legal and professional settings.

🔹 Understanding RCW 18.19.180: Confidential Communications (Part 2) – A deeper dive into the limitations and exceptions to confidential communications in legal and counseling contexts.

Need legal guidance? Blanford Law is here to help. Contact us at 📞 253-720-9304, 📧 info@blanfordlaw.com, or visit www.blanfordlaw.com.