Rule 4-1.2 — Objectives and Scope of Representation

Comment (verbatim from The Florida Bar)

Allocation of authority between client and lawyer
Subdivision (a) confers on 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.
Within those limits, a client also has a right to consult with the
lawyer about the means to be used in pursuing those objectives. At
the same time, a lawyer is not required to pursue objectives or
employ means simply because a client may wish that the lawyer do
so. A clear distinction between objectives and means sometimes
cannot be drawn, and in many cases the client-lawyer relationship
partakes of a joint undertaking. In questions of means, the lawyer
should assume responsibility for technical and legal tactical issues
but should defer to the client regarding such questions as the
expense to be incurred and concern for third persons who might be

adversely affected. Law defining the lawyer’s scope of authority in
litigation varies among jurisdictions. The decisions specified in
subdivision (a), such as whether to settle a civil matter, must also
be made by the client. See rule 4-1.4(a)(1) for the lawyer’s duty to
communicate with the client about these decisions. With respect to
the means by which the client’s objectives are to be pursued, the
lawyer must consult with the client as required by rule 4-1.4(a)(2)
and may take action as is impliedly authorized to carry out the
representation.
On occasion, however, a lawyer and a client may disagree
about the means to be used to accomplish the client’s objectives.
The lawyer should consult with the client and seek a mutually
acceptable resolution of the disagreement. If these efforts are
unavailing and the lawyer has a fundamental disagreement with the
client, the lawyer may withdraw from the representation. See rule
4-1.16(b)(2). Conversely, the client may resolve the disagreement by
discharging the lawyer. See rule 4-1.16(a)(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 4-1.4, a lawyer may rely on the advance
authorization. The client may, however, revoke this authority at
any time.
In a case in which the client appears to be suffering mental
disability, the lawyer’s duty to abide by the client’s decisions is to
be guided by reference to rule 4-1.14.
Independence from client’s views or activities
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
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 on which representation is undertaken may
exclude specific means that might otherwise be used to accomplish
the client’s objectives. Limitations may exclude actions that the
client thinks are too costly or that the lawyer regards as repugnant
or imprudent, or which the client regards as financially impractical.
Although this rule affords the lawyer and client substantial
latitude to limit the representation if not prohibited by law or rule,
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
consultation. This limitation, however, would not be reasonable if
the time allotted was not sufficient to yield advice upon which the
client could rely. In addition, a lawyer and client may agree that
the representation will be limited to providing assistance out of
court, including providing advice on the operation of the court
system and drafting pleadings and responses. If the lawyer assists
a pro se litigant by drafting any document to be submitted to a
court, the lawyer is not obligated to sign the document. However,
the lawyer must indicate “Prepared with the assistance of counsel”
on the document to avoid misleading the court, which otherwise
might be under the impression that the person, who appears to be
proceeding pro se, has received no assistance from a lawyer. If not
prohibited by law or rule, a lawyer and client may agree that any in-
court representation in a family law proceeding be limited as
provided for in Family Law Rule of Procedure 12.040. For example,
a lawyer and client may agree that the lawyer will represent the
client at a hearing regarding child support and not at the final
hearing or in any other hearings. For limited in-court
representation in family law proceedings, the lawyer must
communicate to the client the specific boundaries and limitations of

the representation so that the client is able to give informed consent
to the representation.
Regardless of the circumstances, a lawyer providing limited
representation forms a client-lawyer relationship with the litigant,
and owes the client all attendant ethical obligations and duties
imposed by the Rules Regulating The Florida Bar, including, but
not limited to, duties of competence, communication,
confidentiality, and avoidance of conflicts of interest. Although an
agreement for 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 4-1.1.
An agreement concerning the scope of representation must
accord with the Rules of Professional Conduct and law. For
example, the client may not be asked to agree to representation so
limited in scope as to violate rule 4-1.1 or to surrender the right to
terminate the lawyer’s services or the right to settle litigation that
the lawyer might wish to continue.
Criminal, fraudulent, and prohibited transactions
A lawyer is required to give an honest opinion about the actual
consequences that appear likely to result from a client’s conduct.
The fact that a client uses advice in a course of action that is
criminal or fraudulent does not, of itself, make a lawyer a party to
the course of action. However, a lawyer may not assist a client in
conduct that the lawyer knows or reasonably should know to be
criminal or fraudulent. 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.
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 4-1.16(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 4-1.1.
Where the client is a fiduciary, the lawyer may be charged with
special obligations in dealings with a beneficiary.
Subdivision (d) applies whether or not the defrauded party is a
party to the transaction. For example, a lawyer must not
participate in a transaction to effectuate criminal or fraudulent
avoidance of tax liability. Subdivision (d) does not preclude
undertaking a criminal defense incident to a general retainer for
legal services to a lawful enterprise. The last sentence of
subdivision (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.
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 4-
1.4(a)(5).
Amended July 23, 1992, effective Jan. 1, 1993 (605 So.2d 252); amended
November 13, 2003, effective January 1, 2004 (860 So.2d 394); amended
March 23, 2006, effective May 22, 2006 (933 So.2d 417); October 19, 2017,
effective November 20, 2017 (228 So.3d 1117); amended Jan. 4, 2019,
effective March 5, 2019 (267 So.3d 891).