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NEW YORK S'TATE BAR ASSOCIATIONProfessional
Ethics Committee Opinion Opinion #155 - 10/09/1970
(39-70)
Topic: Waiver of Defenses
Digest: Client may direct lawyer to waive technical defenses
Code: EC 7-8
QUESTION
Is a lawyer bound by a client's instructions to defend all suits on
the merits and to avoid the use of technical defenses?
OPINION
Once a client is fully informed as to the legal consequences of a
waiver of a defense that may be available, the decision whether to
forego a legal defense is ultimately for the client and not for the
lawyer (EC 7-8). Accordingly, the lawyer is bound to follow the client's
instructions.
Related Files
Client may direct lawyer to waive technical defenses (Adobe PDF File)
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