Communication

Question 1

1.4(a)(2)

Rquires the lawyer to consult with the client about the means to be used to accomplish the client’s objectives. In some cases this duty will require consultation before taking action. Whether consultation is necessary depends on what two factors?

Answer 1

The importance of the action

AND

the feasibility of consulting with the client

Question 2

1.4(a)(2)

In some cases an immediate decision must be made and the lawyer must act without consulting his client first. What is required of the lawyer in these situations?

Answer 2

The lawyer must act reasonably to inform the client of the actions the lawyer has taken,

AND

1.4(a)(3) requires the lawyer to keep the client informed about the status of the matter, such as significant developments affecting timing or substance of the representation

Question 3

1.4

When a client makes a reasonable request for information concerning the representation, what is required of the lawyer by 1.4(a)(4)

Answer 3

The lawyer must promptly comply with the request

If a prompt response is unreasonable, the lawyer or a member of the lawyer’s staff must acknowledge the reciept of the requrest and tell the client when they can expect a response

Question 4

1.4

Can a lawyer withhold information from a client pertaining to that client’s case?

Answer 4

Yes, in some circumstances, a lawyer may be justified in delaying transmission of info when the client would be liekly to react unreasonably to an immediate communication

Example if the lawyer gets bad expert testimony/results and wants to wait to tell the client