Because each case is unique, no bright dividing line separates important decisions that the client should make from other decisions that lawyers can be expected to make. Generally, a decision is important if it is likely to have a substantial legal or non-legal impact on a client. Two lawyers handling the same case may sometimes reasonably disagree about whether to leave a particular decision to the client. In the final analysis, clients who want to make as many potentially important decisions as possible should do the following:
Repeatedly tell their attorneys that they want to participate in the decision-making whenever feasible;
Include in their lawyers fee agreements a clause allocating decision-making to the client whenever feasible;
Insist that their lawyers counsel them with respect to their alternatives, and the likely consequences of each; and
Match deeds to words by making decision expeditiously as the opportunities arise.