职业行为准则

规则1.4:沟通

 (a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
   (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
   (c) A lawyer who receives an offer of settlement in a civil case or proffered plea bargain in a criminal case shall inform the client promptly of the substance of the communication.

评论

   [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, 只要客户愿意并且有能力这样做. 例如, 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 is required to inform the client promptly of its substance. 看到 规则1.2(a). 即使是客户委托澳门赌场官网, the client should be kept advised of the status of the matter.
   [2] A client is entitled to whatever information the client wishes about all aspects of the subject matter of the representation unless the client expressly consents not to have certain information passed on. The lawyer must be particularly careful to ensure that decisions of the client are made only after the client has been informed of all relevant considerations. The lawyer must initiate and maintain the consultative and decision-making process if the client does not do so and must ensure that the ongoing process is thorough and complete.
   [3] Adequacy of communication depends in part on the kind of advice or assistance involved. The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with (1) the duty to act in the client’s best interests, and (2) the client’s overall requirements and objectives as to the character of representation.
   [4]通常, the information to be provided is that appropriate for a client who is a comprehending and responsible adult. 然而, fully informing the client according to this standard may be impracticable, 例如, where the client is a child or suffers from mental disability. 看到 规则1.14. 当客户是一个组织或团体时, 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. 看到 规则1.13. 哪里有很多日常事务, 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. 当澳门赌场官网进行审判时, it is often not possible for the lawyer to consult with the client and obtain the client’s acquiescence in tactical matters arising during the course of trial. It is sufficient if the lawyer consults with the client in advance of trial on significant issues that can be anticipated as arising during the course of the trial, 并在审判期间尽可能地提供咨询, 考虑到审判过程的性质.

隐瞒信息
   [5]在极少数情况下, 澳门赌场官网可能是正当的 in delaying transmission of information when the client would be likely to react imprudently to an immediate communication. 因此, a lawyer might withhold a psychiatric diagnosis of a client when the examining psychiatrist indicates that disclosure would harm the client. 类似的, 澳门赌场官网可能是正当的, 出于人道主义原因, 不传达某些信息, 例如, where the information would merely be upsetting to a terminally ill client. A lawyer may not withhold information to serve the lawyer’s own interest or convenience. 规则 or court orders governing litigation (such as a protective order limiting access to certain types of discovery material to counsel only) may provide that information supplied to a lawyer may not be disclosed to the client. 规则3.(c)指示遵守这些规则或命令.