Why lawyers consult with clients about the means to achieve their objectives under Rule 1.2

Rule 1.2 emphasizes collaboration: lawyers should consult clients about the means to achieve objectives, discuss potential actions and their implications, and align strategy with the client’s goals and values. This client-centered approach builds trust and ethical practice, avoiding unilateral tactics.

Outline (brief)

  • Core idea: Rule 1.2 sets a collaborative path—lawyers should talk with clients about the means to reach their objectives.
  • Why this matters: client autonomy, ethics, and tailored strategy.

  • What “means” covers: strategy, tactics, and the practical steps in a case.

  • The right approach vs common myths: why options A, C, and D miss the mark.

  • Practical guidance: how lawyers communicate, when to push back, and how to document decisions.

  • Real-life flavor: everyday examples and quick reminders to stay aligned with clients’ goals.

  • Takeaway: a trusted attorney-client relationship hinges on mutual planning, clear conversation, and ongoing updates.

Rule 1.2 and the art of choosing means

Let me explain the heart of Rule 1.2. In plain terms, it says: lawyers should consult with their clients about the means to achieve the client’s objectives. It’s not just about what outcome the client wants—that’s the “goal.” It’s about how you get there—the route, the timing, and the steps you’ll take to move toward that goal. Think of it as a partnership: you bring legal skills and judgment, the client brings goals, values, and priorities, and together you map the journey.

Why does this matter? Because legal work isn’t a one-size-fits-all sprint. Two clients might want the same result, but their circumstances, risk tolerance, and ethical boundaries can be very different. One client may prioritize speed; another might value minimizing publicity; a third might want to avoid a certain type of remedy even if it’s technically available. Rule 1.2 acknowledges that reality and says, let’s decide together what methods fit the client best.

What exactly are the “means”?

The phrase might sound a touch abstract, so here’s the practical picture. Means include the strategy you choose, the sequence of steps, the legal theories you apply, and the concrete actions you take in pursuing or defending a claim. It could be:

  • Which claims to pursue or defenses to assert and in what order.

  • What negotiations or settlements to pursue, and when to walk away.

  • How you collect evidence, what motions you file, and how you present arguments.

  • How you communicate with the other side, how you disclose information, and how you handle discovery.

  • The level of public exposure you’re willing to tolerate, and how that affects strategy.

In other words, means are the day-to-day moves that shape the road to the objective. They aren’t abstract ideals; they’re the tactics you discuss, agree on, and implement. And crucially, Rule 1.2 invites the client into that planning process. It’s less a monologue and more a collaborative ceaseless conversation about what’s doable, what’s prudent, and what aligns with the client’s values.

The client’s voice matters—and here’s the catch

Many students grab onto the idea that lawyers have to be fearless problem-solvers who decide everything on their own. The reality is more nuanced—and more human. The client’s input isn’t a courtesy; it’s part of ethical practice. Clients bring preferences about risk, costs, and privacy. A good lawyer translates those preferences into feasible options and explains the trade-offs in plain terms.

Imagine you’re the client in a civil case. You’re weighing a strategy that might push hard on a controversial legal theory but could also increase publicity or trigger higher fees. A lawyer who merely picks the most aggressive route without explaining the implications isn’t honoring Rule 1.2. By contrast, a lawyer who outlines several routes, explains the likely outcomes and costs, and then stops to ask, “Which of these aligns with your goals?” is building a relationship built on trust and clarity.

A few practical reminders

  • Communication is the backbone. The rule isn’t a one-and-done memo; it’s an ongoing dialog. Regular check-ins to reassess means as the case evolves are not just nice to have—they’re ethically wise.

  • Autonomy matters. When a client’s core preferences are clear, the attorney should respect them, even if the lawyer believes another path might be more efficient. That respect doesn’t mean blindly following wishes; it means guiding the client with honest, transparent advice.

  • Implications deserve discussion. Every chosen means has potential consequences—financial, strategic, and ethical. A good discussion will surface these consequences so the client can decide in full view of the landscape.

What about the other answer choices? Let’s debunk them with calm clarity.

  • A: “They must decide on the means without client input.” That undercuts the collaborative spirit. It shifts the power balance away from the client and toward the lawyer alone. Ethically, that’s not the standard. Clients deserve a voice in how their case is pursued.

  • C: “They can choose whatever means they consider effective.” This sounds decisive, even confident, but it ignores limits. Effective means aren’t just about legal maneuvering; they must be lawful, ethical, and aligned with the client’s objectives and values. A path that’s effective but unethical isn’t acceptable.

  • D: “They are not required to update clients about any strategy.” That misses the rhythm Rule 1.2 expects. Clients deserve updates about strategy, shifts in direction, and the reasoning behind moves. Silence isn’t just awkward—it can erode trust and invite misunderstandings.

What good practice looks like in the real world

Let’s bring this into a few everyday scenarios. You’re handling a contract dispute for a small business. Your client wants to minimize disruption to daily operations and preserve a working relationship with a supplier. Here’s how means discussion might unfold:

  • Step one: you summarize the objective clearly. Then you lay out several routes—settlement through mediation, targeted litigation, or a hybrid approach that uses early settlement leverage.

  • Step two: you explain the pros, cons, and costs of each route in plain language—what the case would look like at trial, how long it might take, what evidence would matter, and what the likely forms of risk are.

  • Step three: you invite the client to choose among the routes, or to propose a preferred blend. You document the decision and set parameters for monitoring progress and reassessing if facts change.

  • Step four: you maintain open lines of communication. If new information changes the risk calculus or the client’s priorities shift, you pause to re-align, again through a joint discussion.

That’s the essence: a living conversation, not a one-way lecture.

A quick touch on ethics and practical wisdom

Ethics aren’t abstract mandates tucked away in a rulebook. They’re about integrity, respect for clients, and responsibility to the justice system. When you involve clients in means, you’re helping ensure decisions reflect their values and the real-world implications of legal action. It also helps you avoid conflicts of interest that could arise if you push a strategy that serves you but not the client.

In practice, this means:

  • Documenting the client’s objectives and preferred means in writing, so there’s a shared reference point.

  • Explaining the implications of chosen means in terms the client can act on, not just in legal jargon.

  • Reassessing strategy as facts evolve, and inviting the client to weigh new trade-offs.

  • Being transparent about costs, timelines, and potential outcomes so the client can make informed choices.

A few notes on tone and reader-friendly style

If you’re studying this material, you’ll notice the balance between professional precision and human relatability. The rule isn’t about making law feel warm and fuzzy; it’s about making strategy transparent. Think of it as translating legal complexity into a grocery-list conversation: here are the items, here’s what they cost, here’s how we’ll use them, and here’s why they matter to you.

Keep an ear out for language that respects the client’s agency. Phrases like “we recommend” paired with “let’s discuss your preferences” are powerful because they acknowledge expertise while inviting collaboration. That balance is what separates a strong attorney from a strong technician.

A final takeaway you can carry forward

Rule 1.2 is less about a single decision and more about a practice. It invites lawyers to co-create strategy with their clients. It recognizes that the path to the objective isn’t just a straight line but a trail you walk together, with the client’s goals guiding the steps, and the lawyer’s expertise lighting the way.

If you remember one idea, let it be this: the means you choose should be something you discuss with your client, explain clearly, and revisit as the case moves forward. That ongoing dialogue isn’t just a nice touch—it’s the core of an ethical, effective attorney-client relationship.

So next time you think about a case, picture the route map. Start with the objective, map the means in plain terms, invite the client to weigh the options, and keep the conversation alive as the terrain changes. It’s not just about winning—it’s about doing the right thing together, with clarity, respect, and shared purpose.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy