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 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 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,

except that a lawyer appointed to act as a guardian ad litem shall be ultimately

responsible for making decisions in the best interests of the individual.

Comment. — [1] In making a decision to create or to continue an attorney-client relationship, a lawyer shall respond truthfully to inquiries from prospective clients regarding the lawyer’s experience, scope of representation, and

financial responsibility, including whether the lawyer has legal liability insurance.

[2] Reasonable communication between the lawyer and the client is necessary

for the client effectively to participate in the representation.

Communicating with Client. [3] 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

effectively to participate in the representation.

Communicating with Client. [3] 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).

[4] 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.

[5] A lawyer’s regular communication with clients will minimize the occasions on which a client will need to request information concerning the

representation

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.

[5] 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. [6] 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.

Similarly, when a lawyer and a client agree to limit the scope of representation

pursuant to Rule 1.2(c) or Rule 6.5, the lawyer’s obligations pursuant to this

rule are limited by the terms of the agreement

s 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.

Similarly, when a lawyer and a client agree to limit the scope of representation

pursuant to Rule 1.2(c) or Rule 6.5, the lawyer’s obligations pursuant to this

rule are limited by the terms of the agreement. In any lawyer-client relationship,

however, 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(f).

[7] 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

lawyer is appointed to act as a guardian ad litem, the lawyer is ultimately

responsible for making reasonable decisions about the best interests of the

individual, and shall consult with the individual to the extent reasonably

possible, unless the attorney reasonably determines that consultation would be

contrary to the individual’s best interests. See Rules 1.2 and 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

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. [8] 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. A lawyer appointed to act as a

guardian ad litem may withhold information when the attorney reasonably

believes that communication of the information to the individual would not be

in the individual’s best interests. 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.

Definitional Cross-References

“Informed consent” See Rule 1.0(f)

“Knows” See Rule 1.0(g)

“Reasonably” See Rule 1.0(i)