Also known as: exercising best judgment · exercised best judgment · exercises best judgment · best judgment rule · professional judgment
Written by attorneys · grounded in primary & secondary sources — see below
The independent professional judgment a lawyer must exercise without interference from a third party who pays or recommends the lawyer.
Empire Logistics hired attorney Elijah Edwards to defend a contract dispute and arranged for payment through a third-party insurer. Edwards evaluated settlement options and rejected an early offer after determining it left key defenses unpreserved. The insurer objected and tried to steer the case toward immediate resolution. Edwards continued with the chosen strategy because it reflected his independent assessment of the client's long-term interests.
Enigma Technologies retained Emanuel Escobar to handle employment litigation and directed him to file a motion the company believed would pressure the plaintiff. Escobar reviewed the record and concluded the motion lacked factual support and risked sanctions. He declined to file it and instead pursued a narrower discovery strategy. The company later complained that Escobar had disregarded its instructions.
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Everest Holdings asked Erika Echevarria to advise on a proposed acquisition. Echevarria concluded the deal was legally permissible but warned that community opposition and reputational harm could outweigh the financial gain. She presented both the legal analysis and the nonlegal considerations in a written memorandum. The client proceeded anyway and later blamed Echevarria when public backlash materialized.
Emma Erickson, a physician, evaluated a patient in the first trimester and determined that continuing the pregnancy posed serious health risks. She recommended termination after weighing medical data and the patient's circumstances. The patient later sued, claiming the recommendation reflected poor judgment. Erickson defended on the ground that the decision rested on her best professional assessment of the available medical information.
Eric Espinoza, a therapist, learned that his patient posed a serious threat to an identified third party. After assessing the patient's history and current statements, Espinoza concluded that warning the potential victim was required. He made the disclosure despite the patient's objection. The patient sued for breach of confidentiality, but Espinoza maintained that the decision followed his best professional judgment under the circumstances.
Eclipse Manufacturing engaged Elise Everly to prepare an audit report for a pending financing. Everly decided to limit the report's distribution after determining that broader circulation would expose the company to unmanageable liability. Investors who later suffered losses sued, alleging the limitation reflected negligent judgment. Everly defended on the ground that the scope decision was the product of her best professional judgment given the known risks.
Yes. Model Rule 1.8(f)(2) permits acceptance of compensation from a third party only when there is no interference with the lawyer's independence of professional judgment or the client-lawyer relationship. A lawyer who selects a litigation strategy after independent evaluation therefore satisfies the standard even if the payor disagrees with the choice.
Supporting sources
Compliance violates the standard when the directive would require the lawyer to take an action the lawyer reasonably believes is unsupported or harmful. Model Rule 5.4(c) prohibits permitting a person who pays the lawyer to direct or regulate professional judgment, so a lawyer must decline instructions that would impair independent assessment of the client's interests.
Supporting sources
…recognized state interests. The decision vindicates the right of the physician to administer medical treatment according to his professional judgment up to the points where important state interests provide compelling justifications for intervention. Up to those points, the abortion decision in all its aspects is inherently, and…