Rule 1.4 Communication with Clients
If you have been watching my series covering the California Rules of Professional Conduct, then you will have noticed my theory that good lawyer-client communication is a pillar to effective legal practice.
Rule 1.4 covers what a lawyer must and may communicate to their clients. It is an important rule to know. It also often causes confusion when a protective order or non-disclosure agreement prohibits a lawyer from disclosing information.
Here is the language of the Rule and a link in case you want to read the comments in more detail:
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(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to which disclosure or the client’s informed consent is required by these rules or the State Bar Act;
(2) reasonably consult with the client about the means by which to accomplish the client’s objectives in the representation;
(3) keep the client reasonably* informed about significant developments relating to the representation, including promptly complying with reasonable requests for information and copies of significant documents when necessary to keep the client so informed; and
(4) advise the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
(c) A lawyer may delay transmission of information to a client if the lawyer reasonably believes that the client would be likely to react in a way that may cause imminent harm to the client or others.
(d) A lawyer’s obligation under this rule to provide information and documents is subject to any applicable protective order, non-disclosure agreement, or limitation under statutory or decisional law.
