A lawyer has a duty to communicate with a client. This duty includes an obligation to listen to the client’s objectives and wishes and to consider them thoughtfully. A lawyer should not ignore a client’s wishes. If the client’s wishes are ill-conceived or inappropriate, an attorney should counsel the client accordingly. If a client’s wishes are appropriate, the lawyer should discuss with the client and determine if they are the most beneficial course of action under the circumstances.
An attorney is under no obligation to pursue any course of action that is unlawful or unethical. In fact, if a client asks an attorney to pursue an unlawful or unethical course of action, and the client cannot be counseled to modify his direction, the attorney has a duty to withdraw from representation.
On the other hand, the attorney is under the obligation – both contractual and ethical – to consider the client’s wishes. If the wishes are proper and lawful, the attorney cannot simply ignore them. To do so may constitute malpractice, particularly if doing so will result in the loss of rights or benefits to the client.
For more than 30 years, the Law Offices of Mark S. Guralnick have been helping clients around the country with their legal malpractice cases. If you have a legal malpractice case as a result of your attorney ignoring your wishes as a client, don’t delay. Contact us today for a no-fee consultation.