The client’s written consent is required to permit a business transaction with the client under which rule?

• A. Model Rule 7.2.
• B. Model Rule 4.2.
• C. Model Rule 1.8(a).
• D. Model Rule 5.3.

Answer: (C)

When a lawyer engages in a business transaction with a client, the client must provide written informed consent because of the risk that the lawyer’s financial interest could influence advice or decision-making. Model Rule 1.8(a) prohibits entering into such a transaction or acquiring a pecuniary interest adverse to the client unless the terms are fair and reasonable, the client is advised in writing about the desirability of seeking independent counsel, and the client is given a reasonable opportunity to obtain such counsel. This requirement protects the client by ensuring they understand the deal, can obtain independent advice, and consent knowingly rather than being blindsided by the lawyer’s interests.

That’s why this item points to the rule governing business transactions with a client: written informed consent is mandated under 1.8(a). The other options address different areas—7.2 concerns fees and advertising, 4.2 governs communications with represented parties, and 5.3 deals with supervising nonlawyer assistants—none of which require or govern a client’s written consent for a business transaction.