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.

(c) When a lawyer has not regularly represented a client and has reason to believe

that the client does not fully understand the nature of the attorney-client relationship

and the expectations and obligations arising out of that relationship, the lawyer shall

take reasonable steps to inform the client of the nature of the attorney-client

relationship before the representation is undertaken. Such disclosure should include

what the lawyer expects of the client and what the client can expect from the lawyer.

A lawyer may make such disclosure by providing the client with a copy of the

statement of client's rights and responsibilities contained in Appendix 2 to these rules,

or in any other manner sufficient to provide the client with a clear understanding of

what services will be rendered by the lawyer and what the client's responsibilities are

in order that the services can be performed effectively.

COMMENTARY

ke such disclosure by providing the client with a copy of the

statement of client's rights and responsibilities contained in Appendix 2 to these rules,

or in any other manner sufficient to provide the client with a clear understanding of

what services will be rendered by the lawyer and what the client's responsibilities are

in order that the services can be performed effectively.

COMMENTARY

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

the client effectively to participate in the representation. In order to promote good

communication between attorney and client and thus to promote more effective

representation, the client should have an understanding of the nature of the attorney-

client relationship, including what the lawyer expects of the client and what the client

can expect from the lawyer. When a lawyer considers representing a potential new

client, the lawyer should determine whether the client has a full understanding of the

nature of the attorney-client relationship and, if the lawyer believes that the client

does not, the lawyer shall take reasonable steps to provide the client with such an

understanding before the representation is undertaken. One manner of providing such

information to the client is by providing the client with a copy of the Client's

Statement of Rights and Responsibilities included in Appendix 2 to these rules.

Communicating with Client

if the lawyer believes that the client

does not, the lawyer shall take reasonable steps to provide the client with such an

understanding before the representation is undertaken. One manner of providing such

information to the client is by providing the client with a copy of the Client's

Statement of Rights and Responsibilities included in Appendix 2 to these rules.

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. 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

he 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 maybe expected. Client communications should be

promptly returned or acknowledged.

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. 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 that is involved

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 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.

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.

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.