SCR 20:2.1. Advisor

Advisor

In representing a client, a lawyer shall exercise independent

professional judgment and render candid advice. In rendering advice, a

lawyer may refer not only to law but to other considerations such as

moral, economic, social, and political factors that may be relevant to the

client's situation.

ABA COMMENT

Scope of Advice

[1] A client is entitled to straightforward advice expressing the lawyer's honest assessment.

Legal advice often involves unpleasant facts and alternatives that a client may be disinclined to

confront. In presenting advice, a lawyer endeavors to sustain the client's morale and may put advice in

as acceptable a form as honesty permits. However, a lawyer should not be deterred from giving candid

advice by the prospect that the advice will be unpalatable to the client.

Advice couched in narrow legal terms may be of little value to a client, especially where

practical considerations, such as cost or effects on other people, are predominant. Purely technical legal

advice, therefore, can sometimes be inadequate. It is proper for a lawyer to refer to relevant moral and

ethical considerations in giving advice. Although a lawyer is not a moral advisor as such, moral and

ethical considerations impinge upon most legal questions and may decisively influence how the law

will be applied.

[2] A client may expressly or impliedly ask the lawyer for purely technical advice. When

such a request is made by a client experienced in legal matters, the lawyer may accept it at face value.

ations in giving advice. Although a lawyer is not a moral advisor as such, moral and

ethical considerations impinge upon most legal questions and may decisively influence how the law

will be applied.

[2] A client may expressly or impliedly ask the lawyer for purely technical advice. When

such a request is made by a client experienced in legal matters, the lawyer may accept it at face value.

When such a request is made by a client inexperienced in legal matters, however, the lawyer's

responsibility as advisor may include indicating that more may be involved than strictly legal

considerations.

[3] Matters that go beyond strictly legal questions may also be in the domain of another

profession. Family matters can involve problems within the professional competence of psychiatry,

clinical psychology or social work; business matters can involve problems within the competence of

the accounting profession or of financial specialists. Where consultation with a professional in another

field is itself something a competent lawyer would recommend, the lawyer should make such a

recommendation. At the same time, a lawyer's advice at its best often consists of recommending a

course of action in the face of conflicting recommendations of experts.

Offering Advice

[4] In general, a lawyer is not expected to give advice until asked by the client. However,

when a lawyer knows that a client proposes a course of action that is likely to result in substantial

adverse legal consequences to the client, the lawyer's duty to the client under Rule 1.4 may require that

the lawyer offer advice if the client's course of action is related to the representation. Similarly, when

a matter is likely to involve litigation, it may be necessary under Rule 1.4 to inform the client of forms

of dispute resolution that might constitute reasonable alternatives to litigation

rse legal consequences to the client, the lawyer's duty to the client under Rule 1.4 may require that

the lawyer offer advice if the client's course of action is related to the representation. Similarly, when

a matter is likely to involve litigation, it may be necessary under Rule 1.4 to inform the client of forms

of dispute resolution that might constitute reasonable alternatives to litigation. A lawyer ordinarily has

no duty to initiate investigation of a client's affairs or to give advice that the client has indicated is

unwanted, but a lawyer may initiate advice to a client when doing so appears to be in the client's

interest.