What decisions belong to the attorney and what decisions belong to the client?
The client, in consultation with his or her attorney makes the most fundamental decisions regarding the case. For example, the client decides whether to plead guilty or to have a trial, whether to waive a jury trial and other constitutional rights, and whether to testify in a trial. The attorney decides strategic or tactical issues, often in consultation with the client. Examples of these decisions include which pretrial motions to file, which witness to call in a proceeding, and whether to object to questions or exhibits presented by the prosecution. Is my case likely to go to trial or be settled before trial? As indicated in the previous answer, the client ultimately decides whether to proceed to trial or to accept a settlement offer. The attorney has an obligation to convey settlement offers to the client and to explain their possible advantages and disadvantages. Most cases are settled because after both sides have investigated the facts, they are in agreement about the likely outc
