Rule 1.4. Communication: Case Status; Informed

Communication: Case Status; Informed

Consent; Malpractice Insurance Disclosure.

(a) A lawyer shall keep a client reasonably informed

about the status of a matter undertaken on the client’s behalf

and promptly comply with reasonable requests for information.

A lawyer shall explain a matter to the extent reasonably

necessary to permit the client to make informed decisions

regarding the representation.

(b) A lawyer shall promptly inform the client of any

decision or circumstance that requires the client’s informed

consent, unless the client has already made an informed

decision on the matter in previous discussions. Until the client

has given the required informed consent, a lawyer shall refrain

from taking binding action on the matter.

(c) A lawyer shall inform an existing client in writing if

the lawyer does not have malpractice insurance of at least

$100,000 per claim and $300,000 annual aggregate and shall

inform the client in writing at any time the lawyer’s

malpractice insurance drops below these amounts or the

lawyer’s malpractice insurance is terminated. A lawyer shall

maintain a record of these disclosures for six years from the

termination of the client’s representation. This paragraph does

not apply to lawyers employed by the government as salaried

employees or to lawyers employed as in-house counsel.

ALASKA COMMENT

Paragraph (a) is a combination of paragraphs (a) and (b)

from the former rule. Paragraph (b) is from the American Bar

Association COMMENT.

Lawyers may use the following language in making the

disclosures required by this rule:

representation. This paragraph does

not apply to lawyers employed by the government as salaried

employees or to lawyers employed as in-house counsel.

ALASKA COMMENT

Paragraph (a) is a combination of paragraphs (a) and (b)

from the former rule. Paragraph (b) is from the American Bar

Association COMMENT.

Lawyers may use the following language in making the

disclosures required by this rule:

(1) no insurance: “Alaska Rule of Professional Conduct

1.4(c) requires that you, as the client, be informed in writing if

a lawyer does not have malpractice insurance of at least

$100,000 per claim and $300,000 annual aggregate and if, at

any time, a lawyer’s malpractice insurance drops below these

amounts or a lawyer’s malpractice insurance coverage is

terminated. You are therefore advised that (name of attorney or

firm) does not have malpractice insurance coverage of at least

$100,000 per claim and $300,000 annual aggregate.”

(2) insurance

below

amounts:

“Alaska

Rule

of

Professional Conduct 1.4(c) requires that you, as the client, be

informed in writing if a lawyer does not have malpractice

insurance of at least $100,000 per claim and $300,000 annual

aggregate and if, at any time, a lawyer’s malpractice insurance

drops below these amounts or a lawyer’s malpractice insurance

coverage is terminated. You are therefore advised that (name

of attorney or firm)’s malpractice insurance has dropped below

at least $100,000 per claim and $300,000 annual aggregate.”

s not have malpractice

insurance of at least $100,000 per claim and $300,000 annual

aggregate and if, at any time, a lawyer’s malpractice insurance

drops below these amounts or a lawyer’s malpractice insurance

coverage is terminated. You are therefore advised that (name

of attorney or firm)’s malpractice insurance has dropped below

at least $100,000 per claim and $300,000 annual aggregate.”

(3) insurance terminated: “Alaska Rule of Professional

Conduct 1.4(c) requires that you, as the client, be informed in

writing if a lawyer does not have malpractice insurance of at

least $100,000 per claim and $300,000 annual aggregate and if,

at any time, a lawyer’s malpractice insurance drops below

these amounts or a lawyer’s malpractice insurance coverage is

terminated. You are therefore advised that (name of attorney or

firm)’s malpractice insurance has been terminated.”

COMMENT

Reasonable communication between the lawyer and the

client is necessary for the client effectively to participate in the

representation.

Communicating with Client

If these Rules require that a particular decision about the

representation be made by the client, paragraph (b) requires

that the lawyer promptly consult with and secure the client’s

consent prior to taking binding action unless prior discussions

with the client have resolved what action the client wants the

lawyer to take. For example, a lawyer who receives from

opposing counsel an offer of settlement in a civil controversy

or a proffered plea bargain in a criminal case must promptly

inform the client of its substance unless the client has

previously indicated that the proposal will be acceptable or

unacceptable or has authorized the lawyer to accept or to reject

the offer. See Rule 1.2(a).

Paragraph (a) requires the lawyer to reasonably consult

with the client about the means to be used to accomplish the

client’s objectives

plea bargain in a criminal case must promptly

inform the client of its substance unless the client has

previously indicated that the proposal will be acceptable or

unacceptable or has authorized the lawyer to accept or to reject

the offer. See Rule 1.2(a).

Paragraph (a) requires the lawyer to reasonably consult

with the client about the means to be used to accomplish the

client’s objectives. In some situations – depending on both the

importance of the action under consideration and the feasibility

of consulting with the client – this duty will require

consultation prior to taking action. In other circumstances,

such as during a trial when an immediate decision must be

made, the exigency of the situation may require the lawyer to

act without prior consultation. In such cases the lawyer must

nonetheless act reasonably to inform the client of actions the

lawyer has taken on the client’s behalf. Additionally,

paragraph (a) requires that the lawyer keep the client

reasonably informed about the status of the matter, such as

significant developments affecting the timing or the substance

of the representation.

A lawyer’s regular communication with clients will

minimize the occasions on which a client will need to request

information concerning the representation. When a client

makes a reasonable request for information, however,

paragraph (a) requires prompt compliance with the request. If a

prompt response is not feasible, the lawyer or a member of the

lawyer’s staff should acknowledge receipt of the request and

advise the client when a response may be expected.

Explaining Matters

The client should have sufficient information to

participate intelligently in decisions concerning the objectives

of the representation and the means by which they are to be

pursued, to the extent the client is willing and able to do so.

Adequacy of communication depends in part on the kind of

advice or assistance that is involved

e client when a response may be expected.

Explaining Matters

The client should have sufficient information to

participate intelligently in decisions concerning the objectives

of the representation and the means by which they are to be

pursued, to the extent the client is willing and able to do so.

Adequacy of communication depends in part on the kind of

advice or assistance that is involved. For example, when there

is time to explain a proposal made in a negotiation, the lawyer

should review all important provisions with the client before

proceeding to an agreement. In litigation a lawyer should

explain the general strategy and prospects of success and

ordinarily should consult the client on tactics that are likely to

result in significant expense or to injure or coerce others. On

the other hand, a lawyer ordinarily will not be expected to

describe trial or negotiation strategy in detail. The guiding

principle is that the lawyer should fulfill reasonable client

expectations for information consistent with the duty to act in

the client’s best interests, and the client’s overall requirements

as to the character of representation. In certain circumstances,

such as when a lawyer asks a client to consent to a

representation potentially affected by a conflict of interest, the

client must give informed consent, as defined in Rule 9.1(g).

Ordinarily, the information to be provided is that

appropriate for a client who is a comprehending and responsi-

ble adult. However, fully informing the client according to this

standard may be impracticable, for example, where the client is

a child or suffers from impaired capacity. See Rule 1.14. When

the client is an organization or group, it is often impossible or

inappropriate to inform every one of its members about its

legal affairs; ordinarily, the lawyer should address communica-

tions to the appropriate officials of the organization. See Rule

1.13

to this

standard may be impracticable, for example, where the client is

a child or suffers from impaired capacity. See Rule 1.14. When

the client is an organization or group, it is often impossible or

inappropriate to inform every one of its members about its

legal affairs; ordinarily, the lawyer should address communica-

tions to the appropriate officials of the organization. See Rule

1.13. Where many routine matters are involved, a system of

limited or occasional reporting may be arranged with the

client.

Withholding Information

In some circumstances, a lawyer may be justified in

delaying transmission of information when the client would be

likely to react imprudently to an immediate communication.

Thus, a lawyer might withhold a psychiatric diagnosis of a

client when the examining psychiatrist indicates that disclosure

would harm the client. A lawyer may not withhold information

to serve the lawyer’s own interest or convenience or the

interests or convenience of another person. Rules or court

orders governing litigation may provide that information

supplied to a lawyer may not be disclosed to the client. Rule

3.4(c) directs compliance with such rules or orders.