Iowa R. Prof'l Conduct 32:1.2

(a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client’s decisions concerning

the objectives of representation and, as required by rule 32:1.4, shall consult with the client

as to the means by which they are to be pursued. A lawyer may take such action on behalf of

the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a

client’s decision whether to settle a matter. In a criminal case, the lawyer shall abide by the

client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive

jury trial, and whether the client will testify.

(b) A lawyer’s representation of a client, including representation by appointment, does not

constitute an endorsement of the client’s political, economic, social, or moral views or activities.

(c) A lawyer may limit the scope of the representation if the limitation is reasonable under

the circumstances and the client gives informed consent.

(1) The client’s informed consent must be confirmed in writing unless:

(i) the representation of the client consists solely of telephone consultation;

(ii) the representation is provided by a lawyer employed by a nonprofit legal services

program or participating in a nonprofit or court-annexed legal services program and the

lawyer’s representation consists solely of providing information and advice or the preparation

of court-approved legal forms; or

(iii) the court appoints the attorney for a limited purpose that is set forth in the appointment

order.

(2) If the client gives informed consent in a writing signed by the client, there shall be a

presumption that:

(i) the representation is limited to the attorney and the services described in the writing; and

(ii) the attorney does not represent the client generally or in any matters other than those

identified in the writing.

(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the

lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of

any proposed course of conduct with a client and may counsel or assist a client to make a good

faith effort to determine the validity, scope, meaning, or application of the law.

Comment

Allocation of Authority between Client and Lawyer

[1] Paragraph (a) confers upon the client the ultimate authority to determine the purposes to

be served by legal representation, within the limits imposed by law and the lawyer’s professional

obligations. The decisions specified in paragraph (a), such as whether to settle a civil matter, must

also be made by the client. See rule 32:1.4(a)(1) for the lawyer’s duty to communicate with the client

about such decisions. With respect to the means by which the client’s objectives are to be pursued,

the lawyer shall consult with the client as required by rule 32:1.4(a)(2) and may take such action as

is impliedly authorized to carry out the representation.

[2] On occasion, however, a lawyer and a client may disagree about the means to be used to

accomplish the client’s objectives. Clients normally defer to the special knowledge and skill of their

lawyer with respect to the means to be used to accomplish their objectives, particularly with respect

to technical, legal, and tactical matters. Conversely, lawyers usually defer to the client regarding

such questions as the expense to be incurred and concern for third persons who might be adversely

affected. Because of the varied nature of the matters about which a lawyer and client might disagree

and because the actions in question may implicate the interests of a tribunal or other persons, this

rule does not prescribe how such disagreements are to be resolved. Other law, however, may be

applicable and should be consulted by the lawyer. The lawyer should also consult with the client

and seek a mutually acceptable resolution of the disagreement. If such efforts are unavailing and

the lawyer has a fundamental disagreement with the client, the lawyer may withdraw from the

representation. See rule 32:1.16(b)(4). Conversely, the client may resolve the disagreement by

discharging the lawyer. See rule 32:1.16(a)(3).

[3] At the outset of a representation, the client may authorize the lawyer to take specific action

on the client’s behalf without further consultation. Absent a material change in circumstances and

subject to rule 32:1.4, a lawyer may rely on such an advance authorization. The client may, however,

revoke such authority at any time.

[4] In a case in which the client appears to be suffering diminished capacity, the lawyer’s duty to

abide by the client’s decisions is to be guided by reference to rule 32:1.14.

Independence from Client’s Views or Activities

[5] Legal representation should not be denied to people who are unable to afford legal services, or

whose cause is controversial or the subject of popular disapproval. By the same token, representing

a client does not constitute approval of the client’s views or activities.

Agreements Limiting Scope of Representation

[6] The scope of services to be provided by a lawyer may be limited by agreement with the client

or by the terms under which the lawyer’s services are made available to the client. When a lawyer

has been retained by an insurer to represent an insured, for example, the representation may be

limited to matters related to the insurance coverage. A limited representation may be appropriate

because the client has limited objectives for the representation. In addition, the terms upon which

representation is undertaken may exclude specific means that might otherwise be used to accomplish

the client’s objectives. Such limitations may exclude actions that the client thinks are too costly or

that the lawyer regards as repugnant or imprudent.

[7] Although this rule affords the lawyer and client substantial latitude to limit the representation,

the limitation must be reasonable under the circumstances. If, for example, a client’s objective is

limited to securing general information about the law the client needs in order to handle a common

and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer’s

services will be limited to a brief telephone consultation. Such a limitation, however, would not

be reasonable if the time allotted was not sufficient to yield advice upon which the client could

rely. Although an agreement for a limited representation does not exempt a lawyer from the duty to

provide competent representation, the limitation is a factor to be considered when determining the

legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

See rule 32:1.1.

[8] All agreements concerning a lawyer’s representation of a client must accord with the Iowa

Rules of Professional Conduct and other law. See, e.g., rules 32:1.1, 32:1.8, and 32:5.6.

Criminal, Fraudulent, and Prohibited Transactions

[9] Paragraph (d) prohibits a lawyer from knowingly counseling or assisting a client to commit

a crime or fraud. This prohibition, however, does not preclude the lawyer from giving an honest

opinion about the actual consequences that appear likely to result from a client’s conduct. Nor does

the fact that a client uses advice in a course of action that is criminal or fraudulent of itself make a

lawyer a party to the course of action. There is a critical distinction between presenting an analysis

of legal aspects of questionable conduct and recommending the means by which a crime or fraud

might be committed with impunity.

[10] When the client’s course of action has already begun and is continuing, the lawyer’s

responsibility is especially delicate. The lawyer is required to avoid assisting the client, for example,

by drafting or delivering documents that the lawyer knows are fraudulent or by suggesting how

the wrongdoing might be concealed. A lawyer may not continue assisting a client in conduct that

the lawyer originally supposed was legally proper but then discovers is criminal or fraudulent.

The lawyer must, therefore, withdraw from the representation of the client in the matter. See rule

32:1.16(a). In some cases, withdrawal alone might be insufficient. It may be necessary for the

lawyer to give notice of the fact of withdrawal and to disaffirm any opinion, document, affirmation,

or the like. See rule 32:4.1.

[11] Where the client is a fiduciary, the lawyer may be charged with special obligations in dealings

with a beneficiary.

[12] Paragraph (d) applies whether or not the defrauded party is a party to the transaction. Hence,

a lawyer must not participate in a transaction to effectuate criminal or fraudulent avoidance of tax

liability. Paragraph (d) does not preclude undertaking a criminal defense incident to a general retainer

for legal services to a lawful enterprise. The last clause of paragraph (d) recognizes that determining

the validity or interpretation of a statute or regulation may require a course of action involving

disobedience of the statute or regulation or of the interpretation placed upon it by governmental

authorities.

[13] If a lawyer comes to know or reasonably should know that a client expects assistance not

permitted by the Iowa Rules of Professional Conduct or other law or if the lawyer intends to act

contrary to the client’s instructions, the lawyer must consult with the client regarding the limitations

on the lawyer’s conduct. See rule 32:1.4(a)(5).