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Rule and Commentary Requiring Lawyers Communicate with Client

KENTUCKY BAR ASSOCIATION
RULES OF THE SUPREME COURT OF KENTUCKY
PRACTICE OF LAW
SCR 3.130(1.4) Communication
(a) A lawyer should keep a client reasonably informed about the status of a matter and
promptly comply with reasonable requests for information.
(b) A lawyer should explain a matter to the extent reasonably necessary to permit the
client to make informed decisions regarding the representation.
History: Adopted by Order 89-1, eff. 1-1-90
Commentary
Supreme Court
1989:
[1] 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 a serious offer from another party. A lawyer who receives from
opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a
criminal case should promptly inform the client of its substance unless prior discussions with the
client have left it clear that the proposal will be unacceptable. 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.
[2] 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 the client's overall requirements
as to the character of representation.
[3] 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
[4] In some very unusual 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 governinglitigation 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.