Rule 1.4. Communication

Alabama Rules of Professional Conduct

Client-Lawyer Relationship

Rule 1.4.

Communication.

(a)

A lawyer shall keep a client reasonably informed about the status of a matter

and promptly comply with reasonable requests for information.

(b)

A lawyer shall explain a matter to the extent reasonably necessary to permit

the client to make informed decisions regarding the representation.

Comment

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. For example,

a lawyer negotiating on behalf of a client should provide the client with facts relevant

to the matter, inform the client of communications from another party, and take other

reasonable steps that permit the client to make a decision regarding a serious offer

from another party. A lawyer who receives from opposing counsel an offer of settlement

in a civil controversy or a proffered plea bargain in a criminal case should promptly

inform the client of its substance unless prior discussions with the client have left it

clear that the proposal will be unacceptable. See Rule 1.2(a). Even when a client

delegates authority to the lawyer, the client should be kept advised of the status of the

matter.

Adequacy of communication depends in part on the kind of advice or assistance

involved. For example, in negotiations where there is time to explain a proposal, 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 might injure or coerce

others. On the other hand, a lawyer ordinarily cannot be expected to describe trial or

negotiation strategy in detail

a proposal, 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 might injure or coerce

others. On the other hand, a lawyer ordinarily cannot be expected to describe trial or

negotiation strategy in detail.

The guiding principle under this Rule is that the lawyer should fulfill the

reasonable expectation of the client for information. In determining what is reasonable,

the lawyer must consider that the lawyer has a duty to act in the client's best interests.

However, each client will have different levels of willingness, ability, and desire to

participate intelligently in the representation. These levels are often dependent upon

the kind of representation. Thus, the guiding principle is contingent upon the client's

reasonable expectation but is limited or expanded by the client's willingness, ability

and desire to participate in the particular representation, and by the practicability of

the lawyer's meeting the client's expectations.

Ordinarily, the information to be provided is that appropriate for a client who is

a comprehending and responsible adult. However, fully informing the client according

to this standard may be impracticable, for example, where the client is a child or suffers

from mental disability. 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 communications 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. Practical

exigency may also require a lawyer to act for a client without prior consultation

ropriate to inform every one of its members about its legal

affairs; ordinarily, the lawyer should address communications 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. Practical

exigency may also require a lawyer to act for a client without prior consultation.

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. 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.

Comparison with Former Alabama Code of Professional Responsibility

Rule 1.4 has no direct counterpart in the Disciplinary Rules. DR 6-101(A)

provided that a lawyer shall not “willfully neglect a legal matter entrusted to him.” DR

9-102(B)(1) provided that a lawyer shall “[p]romptly notify a client of the receipt of his

funds, securities, or other properties.” EC 7-8 stated that a lawyer “should exert his

best efforts to ensure that decisions of his client are made only after the client has

been informed of relevant considerations.” EC 9-2 stated that “a lawyer should fully

and promptly inform his client of material developments in the matters being handled

for the client.”