Multistate Professional Responsibility Exam Practice Question
Rosa is representing Dev in a contract dispute. The opposing counsel contacts Rosa to propose a meeting to explore settlement possibilities. Rosa thinks the suggestion might lead to an unfavorable offer, so she chooses not to share it with Dev. Which statement best describes Rosa’s responsibilities?
Rosa should inform Dev of the settlement suggestion so Dev can consider and decide how to proceed
Rosa is permitted to withhold any details about settlement unless there is a definitive proposal from the opposing side
Rosa can continue litigation without telling Dev if she decides a meeting on settlement is not worthwhile
Negotiation tactics are the sole determination of the individual attorney.
Lawyers are required to keep clients informed about developments that could significantly affect the client's interests. Information about a potential settlement is often considered an important option. The lawyer can advise the client regarding the advantages or disadvantages, but not disclosing the option entirely restricts the client’s choice. Refusing to pass along proposals because the lawyer deems them unappealing keeps clients from evaluating and deciding their own course of action.
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