Arkansas Legal Ethics
1.4:100 Comparative Analysis of Arkansas Rule
- Primary Arkansas References: AR Rule 1.4
- Background References: ABA Model Rule 1.4, Other Jurisdictions
- Commentary:
1.4:101 Model Rule Comparison
The Arkansas Rule is the same as the Model Rule.
1.4:102 Model Code Comparison
The comparison accepted by the Arkansas Supreme Court is identical to the comparison in the Model Rules.
1.4:200 Duty to Communicate with Client
- Primary Arkansas References: AR Rule 1.4(a)
- Background References: ABA Model Rule 1.4(a), Other Jurisdictions
- Commentary: ABA/BNA — 31.501, ALI-LGL —— 31, Wolfram —— 4.5, 4.6
The attorney has a duty to keep the client reasonably informed so that the client may properly make decisions concerning the objectives of representation and other matters as set out in AR Rule 1.2(a). The lawyer's failure to keep the client properly informed or to seek the client's informed consent before acting may establish a basis for malpractice liability. E.g., Harvison v. Charles E. Davis & Assoc., 310 Ark. 104, 835 S.W. 2d 284 (1992) (summary judgment for attorneys); Rhoades v. Sims, 286 Ark. 349, 692 S.W.2d 750 (1985) (failure to notify client of hearing). Attorneys may be professionally disciplined for failure to communicate with clients. Mays v. Neal, 327 Ark. 302, 938 S.W. 2d 830 (1997) (attorney never met or spoke to personal injury client by telephone).
The lawyer's duty to inform combines with the lawyer's right and, perhaps obligation, to counsel the client under AR Rule 2.1. However, a litigant has a similar duty to keep himself advised and informed as to the status of his case. See White v. White, 50 Ark. App. 240, 905 S.W.2d 485 (1995).
1.4:300 Duty to Consult with Client
- Primary Arkansas References: AR Rule 1.4(b)
- Background References: ABA Model Rule 1.4(b), Other Jurisdictions
- Commentary: ABA/BNA — 31.501, ALI-LGL —— 31, Wolfram —— 4.5
A lawyer may have a duty to inform the client of disciplinary actions taken or pending against the attorney. See 0.2:240. Shibley v. State, 324 Ark. 212, 920 S.W. 2d 10 (1996) (attorney failed to tell client that he was appealing his suspension from the practice of law; no violation of client's right to counsel).
1.4:400 Duty to Inform the Client of Settlement Offers
- Primary Arkansas References: AR Rule 1.4
- Background References: ABA Model Rule 1.4, Other Jurisdictions
- Commentary: ABA/BNA — 31.501, ALI-LGL —— 31, Wolfram —— 4.5
Arkansas has no case law or authority on this topic.