A personal-injury engagement creates shared work but not identical roles. The client supplies facts, states objectives, makes decisions reserved to the client, and keeps the legal team informed. The lawyer advises, carries out the agreed scope, manages professional and procedural work, and communicates information needed for decisions. The written agreement should make those roles understandable.

Hiring a lawyer does not transfer every decision to the law firm, and client control does not require the client to manage every procedural task.

Identify objectives, scope, and reserved decisions

North Carolina Rule of Professional Conduct 1.2 states that a lawyer abides by the client’s decisions concerning the objectives of representation and consults about the means. It specifically states that the lawyer abides by the client’s decision whether to settle. The rule also addresses implied authority and reasonable limits on the scope of representation.

  • The matter and claims included or excluded from the engagement
  • The client’s practical objectives, risk concerns, privacy concerns, timing needs, and acceptable alternatives
  • Who may receive confidential information or participate in decisions and whether a representative has legal authority
  • Which routine steps are impliedly authorized and which actions require advance client approval
  • What the lawyer cannot do because of law, professional rules, court orders, factual limits, or the agreed scope

Create a communication and decision record

Rule 1.4 addresses informing the client of decisions requiring informed consent, consulting about the means used to pursue objectives, keeping the client reasonably informed, responding to reasonable information requests, and explaining matters sufficiently for informed decisions. Agree on primary contacts, update frequency, urgent channels, document delivery, and how significant choices will be confirmed.

  • Decision presented, date, deadline, available information, missing facts, legal and practical alternatives, and material risks
  • Client questions, lawyer recommendation, client instruction, any condition on that instruction, and later change
  • Offer or demand terms, gross and estimated net figures, release scope, unresolved liens, and whether the client accepted or rejected
  • Filing, discovery, mediation, expert, trial, appeal, cost, and scheduling decisions that require consultation
  • Unanswered requests, changed contact information, medical developments, new evidence, and events that may affect advice

Understand fees, expenses, and written scope

Rule 1.5 addresses fees and expenses, communicating the scope and fee basis, contingent-fee agreements, statements at the conclusion of contingent-fee matters, fee divisions, and fee disputes. Read the agreement for responsibility over litigation expenses, medical records, experts, filing, termination, liens, costs that remain payable, and how any fee is calculated if the relationship ends.

Handle disagreement without hiding deadlines

A client may reject advice, and a lawyer may identify professional or legal limits. Record the disagreement, advice, instruction, deadline, and next step. If the relationship may end, identify court permission requirements, file transfer, outstanding discovery, hearings, limitation periods, offers, liens, expenses, and funds before time is lost.

Keep facts and instructions current

Clients should promptly report changed symptoms, treatment, work, address, insurance communications, later incidents, witnesses, public posts, and documents. Lawyers should explain why requested information matters and distinguish a legal requirement from a recommendation. Neither side should silently assume the other knows a material fact.

The related settlement-authority guide focuses on the client’s decision to accept or reject an injury settlement and the records needed for that choice.

Rosensteel Fleishman Car Accident & Injury Lawyers provides information about North Carolina personal-injury representation and client decisions. The engagement agreement, court posture, professional duties, and current claim record determine how these general roles apply.

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