Rule 1.4. Communication

Communication

(a) A lawyer shall:

(1) promptly inform the client of any decision or

circumstance with respect to which the client’s

informed consent, as defined in Rule 1.0 (f), is

required by these Rules;

(2) reasonably consult with the client about the

means by which the client’s objectives are to be

accomplished;

(3) keep the client reasonably informed about

the status of the matter;

(4) promptly comply with reasonable requests

for information; and

(5) consult with the client about any relevant

limitation on the lawyer’s conduct when the lawyer

knows that the client expects assistance not permitted by the Rules of Professional Conduct or

other law.

(b) A lawyer shall explain a matter to the extent

reasonably necessary to permit the client to make

informed decisions regarding the representation.

COMMENTARY: 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 or other law

require that a particular decision about the representation be

made by the client, subsection (a) (1) requires that the lawyer

promptly consult with and secure the client’s consent prior to

taking action. See Rule 1.2 (a).

Subsection (a) (2) 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

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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, subsection (a) (3) 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

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concerning the representation. When a client makes a reasonable request for information, however, subsection (a) (4)

requires prompt compliance with the request, or if a prompt

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

lawyer’s staff, acknowledge receipt of the request and advise

the client when a response may be expected. A lawyer should

promptly respond to or acknowledge client communications.

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

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 affected by a conflict of interest, the client must give

informed consent, as defined in Rule 1.0 (f).

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, when the client is a child

or suffers from diminished 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 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.

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

ing 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 (3) directs compliance with such rules

or orders.