Rule 1.03. Communication

RULE 1.03. 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:

1. 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 to permit the

client to make a decision regarding a serious offer from another party. A lawyer who receives

from opposing counsel either 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

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discussions with the client have left it clear that the proposal will be unacceptable. See

Comment 2 to Rule 1.02.

2. 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.

Moreover, in certain situations practical exigency may require a lawyer to act for a client

without prior consultation

tigation 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.

Moreover, in certain situations practical exigency may require a lawyer to act for a client

without prior consultation. The guiding principle is that the lawyer should reasonably fulfill

client expectations for information consistent with the duty to act in the client’s best interests,

and the clients overall requirements as to the character of representation.

3. Ordinarily, a lawyer should provide to the client information that would be appropriate for

a comprehending and responsible adult. However, communicating such information may be

impractical if the client is a child or suffers from diminished capacity; see paragraph 5 and