DUTY OF COMMUNICATION Flashcards
KEEPING CLIENT INFORMED
L MUST:
* EXPLAIN the MATTER to the C to the xtent necessary to permit C to make informed decisions
* Keep the C reasonably INFORMED about the status of matter; incudes informing C of ALL SIGNIFICANT DEVELOPMENTS.
* Comply with all REAOSNABLE REQUESTS for INFO’ from C.
DIsclosure of LACK OF LIABILITY INSURANCE
CA ONLY rule.
When L does not have prof’ liab insurance, L mut inform C IN WRITING at TIME OF ENGAGEMENT. If lost during the rep, within 30 days.
disclosure is not required when
(1) the representation will not exceed four hours;
(2) the lawyer is acting within their direct employment as a government lawyer or as in-house counsel; or
(3) the lawyer is rendering legal services in an emergency.
There is no ABA counterpart rule
PLEA BARGAIN AND SETTLEMENT OFFERS
ABA: Under duty of commun’…
L must notify C of any plea bargains and settlement offers, unless C has authorized L that proposal would be acceptable or unacceptable or has authorized L to accept or reject the offer.
CA: L must ALWAYS communicate these to the C or any person with authority to accept the offer:
* In CRIMINAL case, all terms and conditions of a proposed plea bargain or other dispositive offer; AND
* In all OTHER matters, all amounts, terms, and conditions of ANY WRITTEN OFFER OF SETTLEMENT made to C. (class action, all named reps must be notified).
* Oral settlement offer in civil case must be passed along to C if its a significant development (this is general duty of commun’), unless C has already indicated whether it’d be acceptable
WITHHOLDING INFO’ FROM C
ABA: L may DELAY the transmission of info’ to C if the C would be likely to react imprudently to an immediate communication.
CA: L is allowed to delay disclosure to C ONLY if the L REASONABLY BELIEVES that the C would be likely to react in a way that may cause IMMEDIATE HARM to the C or others.
