MRPC Rule 1.4

Michigan Rules of Professional Conduct 13 Updated with MSC order(s)

(a) A lawyer shall keep a client reasonably informed about the status of a matter and comply

promptly with reasonable requests for information. A lawyer shall notify the client

promptly of all settlement offers, case evaluations, and proposed plea bargains.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to

make informed decisions regarding the representation.

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.