R 1.4 - Communications

Question 1

What shall an attorney do when explaining a matter to the client?

Answer 1

The attorney shall explain the matter to the client to the extent that the client can reasonably necessary to permit the client to make informed decision on the representation.

Question 2

What are the five instances that an attorney shall do when communicating with the client?

Answer 2

The attorney shall:

1. promptly inform the client of any decision or circumstance with respect to which the client’s informed consent is required;
2. reasonably consult with the client about the means by which the client’s objectives are to 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 limitations on the lawyer’s conduct when the attorney knows that the client expects assistance not permitted by the Rules or other law.

Question 3

What must that attorney do so that the client can effectively participate in the representation?

Answer 3

The attorney must reasonably communicate with the client so that the client can effectively participate in the representation.

Question 4

What must an attorney do when the attorney receives a settlement offer in a civil or criminal matter?

Answer 4

The attorney must promptly communicate the offer to the client unless the client had directed the attorney to accept a specific offer meeting certain criteria.

Question 5

What must take place when the client request certain information from the attorney?

Answer 5

The attorney must promptly answer the request of the client.

Question 6

What must take place when the client request certain information from the attorney but cannot do so promptly?

Answer 6

A staff member of the attorney must reply back to the client stating that the staff member is in receipt of the request and state when the attorney can respond to the request.

An attorney should promptly respond to or acknowledge client communications.

Question 7

When is it proper for an attorney to not promptly transmit information to the client? When is not justifiable?

Answer 7

When the attorney can justify that the information will cause the client to react imprudently to an immediate communication. HOWEVER, withholding disclosure is not justified when it will serve the attorney’s interest or convenience or the interest or convenience of another person.