Who makes decisions about substantive rights in a legal representation?

The role of the client in deciding substantive rights during legal representation is fundamental in the attorney-client relationship. The client has the fundamental right to make decisions regarding their case, including substantive decisions that affect the outcome. This includes deciding whether to accept a settlement, whether to go to trial, and other critical decisions that impact their legal rights and interests.

While the lawyer plays a crucial role in providing informed guidance and strategic advice based on their expertise and understanding of the law, the ultimate authority and responsibility for substantive decisions reside with the client. This principle is rooted in the concept of client autonomy and the ethical obligation of the lawyer to respect that autonomy while ensuring the client is fully informed about the implications of their decisions.

While some scenarios may warrant a collaborative approach between the lawyer and the client, which might suggest that both together have a role in decision-making, the framework of professional responsibility emphasizes that the client holds the exclusive right to make decisions that directly impact their substantive rights. Thus, affirming the client's role aligns with established legal ethics and practice standards.