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Do I have to follow my lawyer’s advice?
While a lawyer gives advice, the client has to live with the outcomes of decisions
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As an employment attorney, I am sometimes asked by an employer whether it has to follow my advice. For example, I may be asked: “Do we really need to fire Jim …. can’t we just issue him a final written warning,” or words to that effect. Do you have to follow your lawyers advice? No, you are not legally obligated to follow your lawyer’s advice. A lawyer is giving advice to you, not ordering you to do so by any means. Accordingly, a client’s own personal beliefs or principles may conflict with his or her lawyers advice.
However, when you hire a lawyer, you are essentially seeking his or her expertise and guidance on legal matters. Lawyers are expected to bring an objective, strategic mindset to the table, aiming to achieve the best possible outcome for your case. While a lawyer can offer advice, the ultimate decision-making power rests with the client. Clients have the right to make decisions about their case, including whether to accept a settlement, plead guilty or not guilty, or pursue a particular legal strategy.
However, a related question often arises: what happens if I don’t follow my lawyer’s advice? In the example above, your lawyer recommended you fire an employee for work misconduct, but you want to give the employee a second chance. Generally, if a client ignores advice and the outcome is unfavorable, the lawyer is not held liable as long as they provided competent professional counsel. The client will bear the consequences of their choice. In the example above, if the employee was not terminated but then continues to sexually harass coworkers, for example, the employer may be liable for punitive damages for continuing to employ the offender and contributing to a sexually hostile work environment.
Another side issue is when a client claims they relied on a lawyer’s advice in making a decision. President Donald Trump, for example, blamed his lawyers for legal advice regarding his attempts to overturn the 2020 election results. Critics claim President Donald Trump was not a victim of his lawyers’ bad advice, but that he sought out lawyers who would tell him what he wanted to hear. Courts will evaluate whether the reliance was reasonable and good faith. In any event, here are several considerations.
- Expertise and Experience: Lawyers have specialized knowledge and experience in the legal field. Their advice is often based on a thorough understanding of the law, previous case outcomes, and strategic considerations that laypeople might not be aware of.
- Objective Perspective: Lawyers can provide an objective perspective, unclouded by the emotional investment that clients might have in their case.
- Legal Strategy: The legal process is complex, and lawyers understand how to navigate it effectively. Following their advice can increase the likelihood of a favorable outcome.
- Risk Management: Lawyers can help assess the risks and benefits of different courses of action. Ignoring their advice might expose you to legal risks or unfavorable outcomes.
Accordingly, while you are not legally obligated to follow your lawyer’s advice, it is generally in your best interest to seriously consider their recommendations. Maintaining open communication and trusting your instincts are also crucial. If ever in doubt, seeking a second opinion can provide additional clarity and confidence in the decisions you make regarding your legal matters. No lawyer should be offended when you “trust but verify!”
Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids.
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