Rule Text (verbatim from The Florida Bar)
(a) Informing Client of Status of Representation. A lawyer
shall:
(1) promptly inform the client of any decision or
circumstance with respect to which the client’s informed consent,
as defined in terminology, 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 or reasonably
should know that the client expects assistance not permitted by the
Rules of Professional Conduct or other law.
(b) Duty to Explain Matters to Client. A lawyer shall
explain a matter to the extent reasonably necessary to permit the
client to make informed decisions regarding the representation.
Educational reference. This page summarizes a Florida Rule of Professional Conduct for educational purposes. The rule text and Comment are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary and any commentary are the opinion of Phillips, Hunt & Walker and are general information only — not legal advice. Reading this page does not create an attorney-client relationship. If you believe a Florida lawyer has violated this rule, you can file a complaint with The Florida Bar at floridabar.org. Past results do not guarantee a similar outcome.
What this rule means in plain English
Your Florida lawyer must keep you reasonably informed about your case and promptly respond to your reasonable requests for information. This rule generates a huge volume of Bar grievances — clients who can’t reach their own lawyer, decisions made without consultation, settlement offers not relayed. ‘Reasonable’ isn’t the same as ‘instant’ — but 30 days of radio silence isn’t reasonable, and your lawyer must communicate enough that you can make informed decisions about your own case.
Florida Bar Ethics Opinions interpreting this rule
- Opinion 73-25 (1973)
<p>If a lawyer has good reason to doubt a client's mental competency, the lawyer must tell the client about those doubts and ask permission to seek a judicial determination. If the client refuses, the lawyer should move to withdraw — but must keep protecting the client's interests until the court approves the withdrawal. The rule recognizes that a lawyer is not a guardian, but is also not free to abandon a vulnerable client.</p>
Read on floridabar.org → - Opinion 85-4 (1985)
<p>If a client becomes mentally ill while a divorce case is pending, the lawyer has an affirmative duty to protect the client's interests and may seek the appointment of a guardian if the client can no longer make adequate decisions. The lawyer can't simply withdraw and walk away; the duty to safeguard the client survives the client's loss of capacity.</p>
Read on floridabar.org →
Comment (verbatim from The Florida Bar)
Reasonable communication between the lawyer and the client
is necessary for the client to effectively participate in the
representation.
Communicating with client
If these rules require that a particular decision about the
representation be made by the client, subdivision (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 the 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 4-1.2(a).
Subdivision (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, subdivision (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.
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, subdivision (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.
Lawyers have particular responsibilities in communicating
with clients regarding changes in firm composition. See Rule 4-5.8.
Explaining matters
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 terminology.
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 4-1.14. 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 4-1.13. Where many routine
matters are involved, a system of limited or occasional reporting
may be arranged with the client.
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 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 4-3.4(c) directs compliance with such rules or
orders.
Amended July 23, 1992, effective Jan. 1, 1993 (605 So.2d 252); March 23,
2006, effective May 22, 2006 (933 So.2d 417).