Duties of Care and Communication Flashcards
Duty of Care (Rule)
The duty of care is the duty to pursue a matter diligently and with the skill and attention that one would give to one’s own personal matters. This includes a duty to research matters thoroughly, to investigate facts, and to take the time necessary to adequately prepare a matter for a client.
Duty of Communication
A lawyer must keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. A lawyer must explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
California requires that attorneys who know, or reasonably should know, that they do not have professional liability insurance must disclose that fact in writing to any client whenever it is reasonably foreseeable that the total amount of your legal representation of that client will exceed four hours.
