SCR 20:1.4. 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 SCR

20:1.0(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 by the client 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.

WISCONSIN COMMITTEE COMMENT

Paragraph (a)(4) differs from the Model Rule in that the words "by the client" are added

for the sake of clarity.

ABA 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)

s 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.

[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

t 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. 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

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.

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.