The client should have sufficient information to participate intelligently in decisions concerning
the objectives of the representation and the means by which they are to be pursued to the extent
the client is willing and able to do so. For example, a lawyer negotiating on behalf of a client
should provide the client with facts relevant to the matter, inform the client of communications
from another party, and take other reasonable steps that permit the client to make a decision
regarding an offer from another party. A lawyer who receives an offer of settlement or a
mediation evaluation in a civil controversy, or a proffered plea bargain in a criminal case, must
promptly inform the client of its substance. See Rule 1.2(a). Even when a client delegates
authority to the lawyer, the client should be kept advised of the status of the matter.
Adequacy of communication depends in part on the kind of advice or assistance involved. For
example, in negotiations where there is time to explain a proposal, the lawyer should review all
important provisions with the client before proceeding to an agreement. In litigation, a lawyer
should explain the general strategy and prospects of success and ordinarily should consult the
client on tactics that might injure or coerce others. On the other hand, a lawyer ordinarily cannot
be expected to describe trial or negotiation strategy in detail. The guiding principle is that the
lawyer should fulfill reasonable client expectations for information consistent with the duty to
act in the client’s best interests and consistent with the client’s overall requirements as to the
character of representation.
Ordinarily, the information to be provided is that appropriate for a client who is a comprehending
and responsible adult. However, fully informing the client according to this standard may be
impracticable, for example, where the client is a child or suffers from mental disability. See
Rule 1.14. When the client is an organization or group, it is often impossible or inappropriate to
inform every one of its members about its legal affairs; ordinarily, the lawyer should address
communications to the appropriate officials of the organization. See Rule 1.13. Where many
routine matters are involved, a system of limited or occasional reporting may be arranged with
the client. Practical exigency may also require a lawyer to act for a client without prior
consultation.
Withholding Information.
In some circumstances, a lawyer may be justified in delaying transmission of information when
the client would be likely to react imprudently to an immediate communication. Thus, a lawyer
might withhold a psychiatric diagnosis of a client when the examining psychiatrist indicates that
disclosure would harm the client. A lawyer may not withhold information to serve the lawyer’s
own interest or convenience. Rules or court orders governing litigation may provide that
information supplied to a lawyer may not be disclosed to the client. Rule 3.4(c) directs
compliance with such rules or orders.
