Opinion 1345

The Committee reviewed your inquiry regarding a lawyer's obligation to follow a client's direction regarding proposed jury instructions which defense counsel believes should be submitted. The Committee was of the opinion that the lawyer is obliged to consult with the client and advise the client regarding the lawyer's judgment. However, the Committee was of the opinion that RPC 1.2(a) requires that a lawyer abide by a client's decision concerning the objectives of representation which includes the question regarding jury instructions.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.