Which statement accurately describes the scope of authority for a lawyer?

• A. Must always assert the client's rights in all settings.
• B. May refuse to participate in conduct the attorney believes is unlawful.
• C. May not agree to reasonable scheduling requests by opposing counsel.
• D. May waive or fail to assert rights even if doing so would prejudice the client.

Answer: (B)

The key idea here is that a lawyer has a duty to avoid helping with illegal acts and may reject participation in unlawful conduct while still representing the client. This reflects the ethical obligation to not assist in wrongdoing and to act within the bounds of the law, even as the attorney zealously advocates for the client.

Why this is the best fit: a lawyer may refuse to participate in conduct the attorney believes is unlawful, such as urging or facilitating illegal activity, presenting false evidence, or other actions that break the law or rules of professional conduct. The attorney is allowed to and should refrain from such conduct, and may take steps consistent with ethical duties, including advising the client and, if necessary, withdrawing.

The other statements don’t fit the professional responsibilities. A claim that a lawyer must always press the client’s rights in every setting ignores strategic and ethical limits, as there are times when pursuing a claim isn’t appropriate or permitted. Saying a lawyer may not agree to reasonable scheduling requests by opposing counsel misstates the obligation to be reasonable and cooperative in scheduling. Suggesting that a lawyer can waive or fail to assert rights even if it prejudices the client would violate the duty to represent the client zealously and protects the client’s interests.