MBE Rules · Professional Responsibility
Duty of Communication
Cal. Rules of Prof. Conduct 1.4
The rule
A lawyer shall promptly inform the client of any decision or circumstance requiring informed consent, reasonably consult with the client about the means of achieving objectives, keep the client reasonably informed about the status of the matter, and promptly respond to reasonable requests for information.
In plain English
The Duty of Communication requires lawyers to keep their clients informed about important decisions and developments in their cases. Lawyers must also consult with clients on how to achieve their goals and respond to their requests for information in a timely manner.
Worked example
A lawyer is handling a divorce case and receives an offer for settlement. Instead of informing the client about the offer, the lawyer decides to accept it without consulting the client. This breach of the Duty of Communication leads to the client feeling misinformed and dissatisfied with the outcome.
Memory hook
Keep clients in the loop or risk losing their trust!
The trap
Exams may present scenarios where a lawyer appears to be acting in the client's best interest but fails to communicate adequately, leading students to overlook the communication breach.
How examiners test it
Questions often involve fact patterns where a lawyer's failure to communicate results in a negative outcome for the client, testing the candidate's understanding of the importance of this duty.
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More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6