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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Alabama Legal Ethics

1.4 Rule 1.4 Communication

1.4:100 Comparative Analysis of Alabama Rule

  • Primary Alabama References: AL Rule 1.4
  • Background References: ABA Model Rule 1.4, Other Jurisdictions
  • Commentary:
  • Alabama Commentary:

1.4:101   Model Rule Comparison

There are no differences between ARPC Rule 1.4 and MRPC Rule 1.4.

1.4:102   Model Code Comparison

Inapplicable.

1.4:200 Duty to Communicate with Client

  • Primary Alabama References: AL Rule 1.4(a)
  • Background References: ABA Model Rule 1.4(a), Other Jurisdictions
  • Commentary: ABA/BNA § 31.501, ALI-LGL §§ 20, Wolfram §§ 4.5, 4.6
  • Alabama Commentary:

Absent an element of dishonesty, fraud, deceit or misrepresentation, it is not unethical, per se, for an attorney who is a party to a conversation with clients, other attorneys, witnesses or others to make a recording of the conversations without the prior knowledge and consent of all the parties thereto. (RO-84-22, Reconsideration).

1.4:300 Duty to Consult with Client

  • Primary Alabama References: AL Rule 1.4(b)
  • Background References: ABA Model Rule 1.4(b), Other Jurisdictions
  • Commentary: ABA/BNA § 31.501, ALI-LGL §§ 20, Wolfram §§ 4.5
  • Alabama Commentary:

A lawyer should keep his client reasonably informed.

1.4:400 Duty to Inform the Client of Settlement Offers

  • Primary Alabama References: AL Rule 1.4
  • Background References: ABA Model Rule 1.4, Other Jurisdictions
  • Commentary: ABA/BNA § 31.501, ALI-LGL §§ 20, Wolfram §§ 4.5
  • Alabama Commentary:

A lawyer has a duty to timely inform clients of all settlement offers.