37 CFR 11.102: Scope of representation and allocation of authority between client and practitioner

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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11.102    Scope of representation and allocation of authority between client and practitioner.

  • (a) Subject to paragraphs (c) and (d) of this section, a practitioner shall abide by a client’s decisions concerning the objectives of representation and, as required by § 11.104, shall consult with the client as to the means by which they are to be pursued. A practitioner may take such action on behalf of the client as is impliedly authorized to carry out the representation. A practitioner shall abide by a client’s decision whether to settle a matter.
  • (b) [Reserved]
  • (c) A practitioner may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.
  • (d) A practitioner shall not counsel a client to engage, or assist a client, in conduct that the practitioner knows is criminal or fraudulent, but a practitioner 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.
[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]