Restatement Essay

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RST (3d) of the Law Governing Lawyers

§ 20 A Lawyer's Duty to Inform and Consult with a Client

(1) A lawyer must keep a client reasonably informed about the matter and must consult with a client to a reasonable extent concerning decisions to be made by the lawyer under §§ 21-23.
(2) A lawyer must promptly comply with a client's reasonable requests for information.
(3) A lawyer must notify a client of decisions to be made by the client under §§ 21-23 and must explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

§ 21 Allocating the Authority to Decide Between a Client and a Lawyer

As between client and lawyer:
(1) A client and lawyer may agree which …show more content…

(4) A lawyer representing a client with diminished capacity as described in Subsection (1) may seek the appointment of a guardian or take other protective action within the scope of the representation when doing so is practical and will advance the client's objectives or interests, determined as stated in Subsection (2).

§ 31 Termination of a Lawyer's Authority

(1) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation and with an order of a tribunal requiring the representation to continue.
(2) Subject to Subsection (1) and § 33, a lawyer's actual authority to represent a client ends when:
(a) the client discharges the lawyer;
(b) the client dies or, in the case of a corporation or similar organization, loses its capacity to function as such;
(c) the lawyer withdraws;
(d) the lawyer dies or becomes physically or mentally incapable of providing representation, is disbarred or suspended from practicing law, or is ordered by a tribunal to cease representing a client; or
(e) the representation ends as provided by contract or because the lawyer has completed the contemplated services.
(3) A lawyer's apparent authority to act for a client with respect to another person ends when the other person knows or should know of facts from which it can be reasonably inferred

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