Attorney McDonough Co-Authors New York Law Journal Article

Recently, Attorney Chris McDonough, who serves as Special Counsel at Foley Griffin, co-authored an article, “Who Decides, Client or Attorney?” The article addresses when an attorney can exercise their own discretion when making litigation-related decisions versus when they must wait for authorization for their client to act (as well as other limits imposed on attorneys’ decision-making ability). Below, we will give you a brief summary of the article and its key points but you can check out the article in its entirety on law.com.

More on the New York Law Journal Article Co-Authored by Attorney McDonough

When working with an attorney, many clients wonder how involved in the decision-making process they will be. Your attorneys should take time to address your questions and concerns and to consider your wishes concerning litigation decisions, and they also have an obligation to discuss the potential consequences of decisions made. However, because of the precedence set by previous cases, an attorney has the authority to make some procedural and tactical decisions.

Key points concerning this gray area, that attorneys and clients have to navigate, discussed in the article include:

  • Attorneys are given their authority to make decisions on behalf of their clients because of the nature of the attorney-client relationship.
  • There are still limits that attorneys must consider, including their inability to compromise or settle a claim without their client’s authorization.
  • Attorneys must thoroughly explain the legal situation and their clients’ options so that their clients can make an informed decision.
  • Attorneys cannot act “frivolously” or without regard to their conduct irrespective of their client’s objectives.

Get Answers to More Legal Questions

At Foley Griffin, our attorneys are committed to helping clients understand their legal rights and options. If you or a loved one are involved in a criminal defense or personal injury case, our firm can help you make informed decisions and fight to achieve the best possible case results. We handle a wide variety of criminal defense and personal injury matters including but not limited to:

To schedule a free case consultation and speak with a member of our team, complete this online contact form or call (888) 966-8480 today.
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