# SCR 20:2.1: SCR 20:2.1. Advisor

> Wisconsin · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_1

## Section

- **Citation:** SCR 20:2.1
- **Heading:** SCR 20:2.1. Advisor
- **Jurisdiction:** Wisconsin
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wisconsin Supreme Court Rules / SCR Chapter 20B - Rules of Professional Conduct for Attorneys (20:2.1 through 20:8.5) / SCR 20:2.1

## Text

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.

## Nearby sections

- [SCR 20:2.1 SCR 20:2.1. Advisor](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_1.md)
- [SCR 20:2.2 SCR 20:2.2. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_2.md)
- [SCR 20:2.3 SCR 20:2.3. Evaluation for use by 3rd persons](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_3.md)
- [SCR 20:2.4 SCR 20:2.4. Lawyer serving as 3rd-party neutral](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_4.md)
- [SCR 20:3.1 SCR 20:3.1. Meritorious claims and contentions](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_1.md)
- [SCR 20:3.2 SCR 20:3.2. Expediting litigation](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_2.md)
- [SCR 20:3.3 SCR 20:3.3. Candor toward the tribunal](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_3.md)
- [SCR 20:3.4 SCR 20:3.4. Fairness to opposing party and counsel](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_4.md)
- [SCR 20:3.5 SCR 20:3.5. Impartiality and decorum of the tribunal](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_5.md)
- [SCR 20:3.6 SCR 20:3.6. Trial publicity](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_6.md)
- [SCR 20:3.7 SCR 20:3.7. Lawyer as witness](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_7.md)
- [SCR 20:3.8 SCR 20:3.8. Special responsibilities of a prosecutor](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_8.md)
- [SCR 20:3.9 SCR 20:3.9. Advocate in nonadjudicative proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_9.md)
- [SCR 20:3.10 SCR 20:3.10. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_10.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_1. Check the current official text before relying on it. Not legal advice.
