Also known as: MRPC 1.4
Written by attorneys · grounded in primary & secondary sources — see below
A rule of professional conduct requiring a lawyer to consult with the client as to the means by which the objectives of representation are to be pursued.
Renee Rogers represents Regal Apparel in a regulatory dispute with a state agency. An agency official emails a proposed consent order requiring costly equipment upgrades across the company's fleet. Rogers explores cheaper alternatives without telling the client about the proposal. The client later learns of the email and complains that it never received the chance to decide whether to accept or reject the terms.
Raphael Rivera represents Rosa Ruiz in a product-liability suit. Ruiz repeatedly emails requesting updates on deadlines and case progress. Rivera misses discovery deadlines and receives a default-judgment motion but replies only that the matter remains under control. Ruiz learns of the motion indirectly and must decide whether to seek new counsel or authorize emergency relief.
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Rule 1.4(a) requires prompt disclosure of any decision or circumstance needing informed consent, reasonable consultation on means to achieve objectives, reasonable updates on status, prompt compliance with information requests, and consultation about limits on the lawyer's conduct. Rule 1.4(b) adds that the lawyer must explain matters to the extent reasonably necessary for the client to make informed decisions.
A lawyer violates the rule when the proposal carries material financial or operational consequences that require the client's informed consent. Withholding the information prevents the client from deciding whether to accept, reject, or modify the terms, even if the message is labeled informal.
No. Repeated client requests for detailed information on deadlines and risks trigger the duty to provide more than optimistic generalities. When missed deadlines produce a pending default motion, the lawyer must disclose the development so the client can participate in strategy decisions.
Rule 1.4 requires the lawyer to consult the client about settlement proposals because Rule 1.2(a) reserves the settlement decision to the client. The communication duty ensures the client receives the information needed to exercise that authority.