Duty to Communicate
What does "Duty to Communicate" mean in law?
Model Rule 1.4 requires a lawyer to promptly inform the client of any decision or circumstance that requires the client's informed consent, to reasonably consult with the client about the means of achieving objectives, to keep the client reasonably informed about the status of the matter, and to promptly comply with reasonable requests for information. The duty also requires the lawyer to explain matters to the extent reasonably necessary to permit the client to make informed decisions. This rule ensures that the client retains ultimate authority over the objectives of the representation while the lawyer manages the tactical means, and its violation is consistently among the top reasons clients file bar complaints.
Definition
Model Rule 1.4 requires a lawyer to promptly inform the client of any decision or circumstance that requires the client's informed consent, to reasonably consult with the client about the means of achieving objectives, to keep the client reasonably informed about the status of the matter, and to promptly comply with reasonable requests for information. The duty also requires the lawyer to explain matters to the extent reasonably necessary to permit the client to make informed decisions. This rule ensures that the client retains ultimate authority over the objectives of the representation while the lawyer manages the tactical means, and its violation is consistently among the top reasons clients file bar complaints.
Example
A defense attorney who receives a settlement offer of $500,000 but waits three months to tell the client about it has violated the duty to communicate under Rule 1.4, regardless of whether the attorney believed the offer was too low.