RULE 1.2
 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER


    (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's
decisions concerning the objectives of representation and, as required by Rule
1.4, shall consult with the client as to the means by which they are to be
pursued. A lawyer may take such action on behalf of the client as is impliedly
authorized to carry out the representation. A lawyer shall abide by a client's
decision whether to settle a matter. In a criminal case, the lawyer shall abide
by the client's decision, after consultation with the lawyer, as to a plea to
be entered, whether to waive jury trial and whether the client will testify.

    (b) A lawyer's representation of a client, including representation by
appointment, does not constitute an endorsement of the client's political,
economic, social or moral views or activities.

    (c) A lawyer may limit the scope of the representation if the limitation is
reasonable under the circumstances and the client gives informed consent.

    (d) A lawyer shall not counsel a client to engage, or assist a client, in
conduct that the lawyer knows is criminal or fraudulent, but a lawyer may
discuss the legal consequences of any proposed course of conduct with a client
and may counsel or assist a client to make a good faith effort to determine the
validity, scope, meaning or application of the law.

    (e) [Reserved.]

    (f)  A lawyer shall not purport to act as a lawyer for any person or
organization if the lawyer knows or reasonably should know that the lawyer is
acting without the authority of that person or organization, unless the lawyer
is authorized or required to so act by law or a court order.


                                   Comment

Allocation of Authority between Client and Lawyer

    [1] Paragraph (a) confers upon the client the ultimate authority to
determine the purposes to be served by legal representation, within the limits
imposed by law and the lawyer's professional obligations. The decisions
specified in paragraph (a), such as whether to settle a civil matter, must also
be made by the client. See Rule 1.4(a)(1) for the lawyer's duty to communicate
with the client about such decisions. With respect to the means by which the
client's objectives are to be pursued, the lawyer shall consult with the client
as required by Rule 1.4(a)(2) and may take such action as is impliedly
authorized to carry out the representation.

    [2] On occasion, however, a lawyer and a client may disagree about the means
to be used to accomplish the client's objectives. Clients normally defer to the
special knowledge and skill of their lawyer with respect to the means to be
used to accomplish their objectives, particularly with respect to technical,
legal and tactical matters. Conversely, lawyers usually defer to the client
regarding such questions as the expense to be incurred and concern for third
persons who might be adversely affected. Because of the varied nature of the
matters about which a lawyer and client might disagree and because the actions
in question may implicate the interests of a tribunal or other persons, this
Rule does not prescribe how such disagreements are to be resolved. Other law,
however, may be applicable and should be consulted by the lawyer. The lawyer
should also consult with the client and seek a mutually acceptable resolution
of the disagreement. If such efforts are unavailing and the lawyer has a
fundamental disagreement with the client, the lawyer may withdraw from the
representation. See Rule 1.16(b)(4). Conversely, the client may resolve the
disagreement by discharging the lawyer. See Rule 1.16(a)(3).

    [3] At the outset of a representation, the client may authorize the lawyer
to take specific action on the client's behalf without further consultation.
Absent a material change in circumstances and subject to Rule 1.4, a lawyer may
rely on such an advance authorization. The client may, however, revoke such
authority at any time.

    [4] In a case in which the client appears to be suffering diminished
capacity, the lawyer's duty to abide by the client's decisions is to be guided
by reference to Rule 1.14.


Independence from Client's Views or Activities

    [5] Legal representation should not be denied to people who are unable to
afford legal services, or whose cause is controversial or the subject of
popular disapproval. By the same token, representing a client does not
constitute approval of the client's views or activities.


Agreements Limiting Scope of Representation

    [6] The scope of services to be provided by a lawyer may be limited by
agreement with the client or by the terms under which the lawyer's services are
made available to the client. When a lawyer has been retained by an insurer to
represent an insured, for example, the representation may be limited to matters
related to the insurance coverage. A limited representation may be appropriate
because the client has limited objectives for the representation. In addition,
the terms upon which representation is undertaken may exclude specific means
that might otherwise be used to accomplish the client's objectives. Such
limitations may exclude actions that the client thinks are too costly or that
the lawyer regards as repugnant or imprudent.

    [7] Although this Rule affords the lawyer and client substantial latitude to
limit the representation, the limitation must be reasonable under the
circumstances. If, for example, a client's objective is limited to securing
general information about the law the client needs in order to handle a common
and typically uncomplicated legal problem, the lawyer and client may agree that
the lawyer's services will be limited to a brief telephone consultation. Such a
limitation, however, would not be reasonable if the time allotted was not
sufficient to yield advice upon which the client could rely. Although an
agreement for a limited representation does not exempt a lawyer from the duty
to provide competent representation, the limitation is a factor to be
considered when determining the legal knowledge, skill, thoroughness and
preparation reasonably necessary for the representation. See Rule 1.1.

    [8] All agreements concerning a lawyer's representation of a client must
accord with the Rules of Professional Conduct and other law. See, e.g., Rules
1.1, 1.8 and 5.6.

See also Washington Comment [14].


Criminal, Fraudulent and Prohibited Transactions

    [9] Paragraph (d) prohibits a lawyer from knowingly counseling or assisting
a client to commit a crime or fraud. This prohibition, however, does not
preclude the lawyer from giving an honest opinion about the actual consequences
that appear likely to result from a client's conduct. Nor does the fact that a
client uses advice in a course of action that is criminal or fraudulent of
itself make a lawyer a party to the course of action. There is a critical
distinction between presenting an analysis of legal aspects of questionable
conduct and recommending the means by which a crime or fraud might be committed
with impunity.

    [10] When the client's course of action has already begun and is continuing,
the lawyer's responsibility is especially delicate. The lawyer is required to
avoid assisting the client, for example, by drafting or delivering documents
that the lawyer knows are fraudulent or by suggesting how the wrongdoing might
be concealed. A lawyer may not continue assisting a client in conduct that the
lawyer originally supposed was legally proper but then discovers is criminal or
fraudulent. The lawyer must, therefore, withdraw from the representation of the
client in the matter. See Rule 1.16(a). In some cases, withdrawal alone might
be insufficient. It may be necessary for the lawyer to give notice of the fact
of withdrawal and to disaffirm any opinion, document, affirmation or the like.
See Rule 4.1.

    [11] Where the client is a fiduciary, the lawyer may be charged with special
obligations in dealings with a beneficiary.

    [12] Paragraph (d) applies whether or not the defrauded party is a party to
the transaction. Hence, a lawyer must not participate in a transaction to
effectuate criminal or fraudulent avoidance of tax liability. Paragraph (d)
does not preclude undertaking a criminal defense incident to a general retainer
for legal services to a lawful enterprise. The last clause of paragraph (d)
recognizes that determining the validity or interpretation of a statute or
regulation may require a course of action involving disobedience of the statute
or regulation or of the interpretation placed upon it by governmental authorities.

    [13] If a lawyer comes to know or reasonably should know that a client
expects assistance not permitted by the Rules of Professional Conduct or other
law or if the lawyer intends to act contrary to the client's instructions, the
lawyer must consult with the client regarding the limitations on the lawyer's
conduct. See Rule 1.4(a)(5).

Additional Washington Comments (14-17)


Agreements Limiting Scope of Representation

    [14] An agreement limiting the scope of a representation shall consider the
applicability of Rule 4.2 to the representation. (The provisions of this
Comment were taken from former Washington RPC 1.2(c).) See also Comment [11] to
Rule 4.2 for specific considerations pertaining to contact with an otherwise
represented person to whom limited representation is being or has been provided.


Acting as a Lawyer Without Authority

    [15] Paragraph (f) was taken from former Washington RPC 1.2(f), which was
deleted from the RPC by amendment effective September 1, 2006. The mental
state has been changed from "willfully" to one of knowledge or constructive
knowledge.  See Rule 1.0(f) & (j). Although the language and structure of
paragraph (f) differ from the former version in a number of other respects,
paragraph (f) does not otherwise represent a change in Washington law
interpreting former RPC 1.2(f).

    [16] If a lawyer is unsure of the extent of his or her authority to
represent a person because of that person's diminished capacity, paragraph
(f) of this Rule does not prohibit the lawyer from taking action in
accordance with Rule 1.14 to protect the person's interests. Protective action
taken in conformity with Rule 1.14 does not constitute a violation of this Rule.

    [17] Paragraph (f) does not prohibit a lawyer from taking any action
permitted or required by these Rules, court rules, or other law when
withdrawing from a representation, when terminated by a client, or when
ordered to continue representation by a tribunal. See Rule 1.16(c).


[Amended effective September 1, 2006; September 1, 2011.]