U.S. Catholic bishops review lawsuit saying fetuses not people

[jberryhill]

5. Lawyers don't decide which defenses to assert

On an issue of whether to assert this defense to liability, the client is free to make the call. But at the very least, the hospital management had to have been informed this defense was being asserted, as no competent lawyer would have failed to explain this to them.

I have seen a lot of apologists try to argue that the lawyers are required to do their best to their client's advantage. But that duty does not negate the duty to inform the client and to take instruction from the client - to explain alternatives and outcomes.

For example, in the criminal context, we all know that it is entirely up to the client to plead guilty, take a deal, or plead not guilty and defend the case. There is no imaginary "lawyer's duty" to tell the client what to do. One has to represent the client in obtaining outcomes the client wants, by means the client approves.