Ethics Opinion 155NEW YORK S’TATE BAR ASSOCIATION Professional Ethics Committee Opinion
Opinion #155 – 10/09/1970 (39-70)
existing clients, duty of lawyer waiver of defense
Topic: Waiver of Defenses
Digest: Client may direct lawyer to waive technical defenses
Code: EC 7-8
Is a lawyer bound by a client’s instructions to defend all suits on the merits and to avoid the use of technical defenses?
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.