WSBA 1990

Does a lawyer have to follow the client's decision on which proposed jury instructions to submit, even when counsel disagrees?

Short answer: The committee was of the opinion that the lawyer must consult with and advise the client, but RPC 1.2(a) requires the lawyer to abide by the client's decision on the objectives of representation, which includes the question of jury instructions.

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This page answers the general question as of 1990. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiring lawyer asked about a lawyer's obligation to follow a client's direction on proposed jury instructions that defense counsel believed should be submitted. The committee was of the opinion that the lawyer is obliged to consult with the client and advise the client of the lawyer's judgment.

The committee was further of the opinion that RPC 1.2(a) requires a lawyer to abide by a client's decision concerning the objectives of representation, and that this includes the question of jury instructions.

Currency note

This opinion was issued in 1990, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Who decides which jury instructions to submit, the lawyer or the client?

A: Under this 1990 opinion, the client; the committee was of the opinion that RPC 1.2(a) requires the lawyer to abide by the client's decision on the objectives of representation, which includes jury instructions.

Q: Does the lawyer still owe the client advice on the question?

A: Yes. The committee was of the opinion that the lawyer is obliged to consult with the client and advise the client of the lawyer's judgment before the client decides.

Background and rules framework

At the time of this opinion, Washington's RPC 1.2(a) governed the allocation of authority between lawyer and client, requiring the lawyer to abide by the client's decisions on the objectives of representation, the subject the Model Rules place in Rule 1.2. The committee classified the choice of jury instructions as an objective of the representation that belongs to the client after the lawyer has consulted and advised.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.2 (scope of representation; allocation of authority)
Washington RPC 1.2(a)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=425

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Committee reviewed your inquiry regarding a lawyer's obligation to follow a client's direction regarding proposed jury instructions which defense counsel believes should be submitted. The Committee was of the opinion that the lawyer is obliged to consult with the client and advise the client regarding the lawyer's judgment. However, the Committee was of the opinion that RPC 1.2(a) requires that a lawyer abide by a client's decision concerning the objectives of representation which includes the question regarding jury instructions.

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