Multistate Professional Responsibility Exam Practice Question
An attorney is retained by a client to manage a complex litigation case, with explicit instructions that all major legal strategies must be approved by the client. Believing it is in the client’s best interest, the attorney unilaterally decides to accept a settlement offer without consulting the client. Which of the following best describes the attorney’s decision-making authority in this situation?
The attorney acted within their apparent authority to settle the case.
The attorney exceeded their actual decision-making authority by settling without client approval.
The attorney demonstrated appropriate decision-making by acting in the client’s best interest.
The attorney did not have decision-making authority to settle, rendering the settlement void.
The attorney exceeded their actual decision-making authority by making a significant decision without the client’s approval, which was contrary to the agreed-upon scope of representation.
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What is actual authority in the context of attorney-client relationships?
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What are the implications of exceeding decision-making authority in legal representation?
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What should an attorney do if they believe a decision is in the client's best interest?