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Court & LawKeeping the Client Informed (Rule 1.4)

Twenty flashcards on the lawyer's duty to communicate with the client under Virginia Rule of Professional Conduct 1.4.

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20 cards
What does Rule 1.4(a) require of a lawyer?
Keep the client reasonably informed about the status of the matter and promptly answer reasonable requests for information.
What does Rule 1.4(b) require?
Explain the matter as far as reasonably needed so the client can make informed decisions about the representation.
What must the lawyer pass on under Rule 1.4(c)?
Facts pertinent to the matter and messages from another party that may significantly affect settlement or resolution.
Besides the case status, what else must the lawyer tell the client about (Comment 1)?
Dispute resolution processes that might suit the client's goals better than the process first chosen.
Which process does Comment 1 give as an example?
Mediation, where the parties themselves can take a more direct part in resolving the dispute.
Why does the client need enough information (Comment 5)?
To take part intelligently in decisions about the goals of the representation and how to pursue them.
What should the lawyer do on receiving a settlement offer in a civil case?
Promptly tell the client its substance, unless earlier talks made clear the client would reject it.
If the client hands the lawyer authority to decide, must the client still be updated?
Yes. The client should still be kept advised of the status of the matter.
In a negotiation with time to explain, what should the lawyer do before agreeing?
Review all the important provisions with the client.
In litigation, what should the lawyer explain to the client?
The general strategy and the prospects of success.
Which tactics should the lawyer ordinarily discuss with the client first?
Tactics that might injure or coerce others.
Must the lawyer describe trial or negotiation strategy in detail?
Ordinarily, no: that level of detail is not expected.
What is the guiding principle for how much to tell the client?
Meet the client's reasonable expectations for information, consistent with the client's best interests.
What standard sets the information ordinarily owed (Comment 6)?
What suits a client who is a comprehending and responsible adult.
When the client is an organization, whom does the lawyer usually inform?
The appropriate officials of the organization.
How can communication work when many routine matters are involved?
Lawyer and client can agree on a system of limited or occasional reporting.
Can a lawyer ever act without consulting the client first?
Yes, when practical urgency requires it.
When may a lawyer delay passing on information (Comment 7)?
When the client would likely react imprudently to hearing it right away.
For what reason may a lawyer never withhold information?
To serve the lawyer's own interest or convenience.
Which part of Rule 1.4 matches the old Virginia Code word for word?
Paragraph (c), identical to DR 6-101(D) of the Virginia Code.

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