Rule 1.4. Communication

RULE 1.4: 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(e), 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.

Adopted July 1, 2009, effective January 1, 2010.

Comment

[1] Reasonable communication between the lawyer and the client is necessary for the client

effectively to participate in the representation.

Communicating with Client

[2] If these Rules require that a particular decision about the representation be made by the

client, paragraph (a)(1) requires that the lawyer promptly consult with and secure the client’s

consent prior to taking 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).

[3] Paragraph (a)(2) 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).

[3] Paragraph (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. Additionally, paragraph

(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.

[4] 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)(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

[5] 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

ond to or acknowledge client communications.

Explaining Matters

[5] 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 affected

by a conflict of interest, the client must give informed consent, as defined in Rule 1.0(e).

[6] 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 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

city. 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

[7] 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.

Adopted July 1, 2009, effective January 1, 2010; amended Oct. 15, 2015, eff. Jan. 1, 2016.

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