RPC RULE 1.4
                              COMMUNICATION


  (a) A lawyer shall;

     (1) promptly inform the client of any decision of circumstance with
respect to which the client's informed consent, as defined in Rule 1.0(e),
is required by these Rules;

     (2) reasonably consult with the client about the means by which the
client's objectives are to be accomplished;

     (3) keep the client reasonably informed about the status of the
matter;

     (4) promptly comply with reasonable requests for information; and

     (5) consult with 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.

Comment

  [1] Reasonable communication between the lawyer and the client is
necessary for the client effectively to participate in the representation.

Communicating with Client

  [2] If these Rules require that a particular decision about the
representation be made by the client, paragraph (a)(1) requires that the
lawyer promptly consult with and secure the client's consent prior to
taking action unless prior discussions with the client have resolved what
action the client wants the lawyer to take. For example, a lawyer who
receives from opposing counsel an offer of settlement in a civil
controversy or a proffered plea bargain in a criminal case must promptly
inform the client of its substance unless that client has previously
indicated that the proposal will be acceptable or unacceptable or has
authorized the lawyer to accept or to reject the offer. See Rule 1.2(a).

  [3] Paragraph (a)(2) requires the lawyer to reasonably consult with the
client about the means to be used to accomplish the client's objectives. In
some situations - depending on both the importance of the action under
consideration and the feasibility of consulting with the client - this duty
will require consultation prior to taking action. In other circumstances,
such as during a trial when an immediate decision must be made, the
exigency of the situation may require the lawyer to act without prior
consultation. In such cases the lawyer must nonetheless act reasonably to
inform the client of actions the lawyer has taken on the client's behalf.
Additionally, paragraph (a)(3) requires that the lawyer keep the client
reasonably informed about the status of the matter, such as significant
developments affecting the timing or the substance of the representation.

  [4] A lawyer's regular communication with clients will minimize the
occasions on which a client will need to request information concerning the
representation. When a client makes a reasonable request for information,
however, paragraph (a)(4) requires prompt compliance with the request, or
if a prompt response is not feasible, that the lawyer, or a member of the
lawyer's staff, acknowledge receipt of the request and advise the client
when a response may be expected. Client telephone calls should be promptly
returned or acknowledged.

Explaining Matters

  [5] 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. Adequacy of communication depends in part on the
kind of advice or assistance that is involved. For example, when there is
time to explain a proposal made in a negotiation, 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 are likely
to result in significant expense or to injure or coerce others. On the
other hand, a lawyer ordinarily will not 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 the client's
overall requirements as to the character of representation. In certain
circumstances, such as when a lawyer asks a client to consent to a
representation affected by a conflict of interest, the client must give
informed consent, as defined in Rule 1.0(e).

  [6] 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 diminished capacity.
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.

Withholding Information

  [7] 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 or the
interests or convenience of another person. 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.


[Amended effective September 1, 2006.]