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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Louisiana Legal Ethics

1.4   Rule 1.4 Communication

1.4:100   Comparative Analysis of Louisiana Rule

Primary Louisiana References: LA Rule 1.4
Background References: ABA Model Rule 1.4, Other Jurisdictions
Commentary:

1.4:101      Model Rule Comparison

LRPC 1.4(a) is identical to MR 1.4(a). LRPC 1.4(b) requires the lawyer to give his client sufficient information to allow the client to participate intelligently in decision making regarding the representation. MR 1.4(b) generally requires the same. The substance of the two rules diverge, however, because LRPC 1.4(b) stipulates that the lawyer need only give enough information to allow the client to participate in decision-making to the extent the client is willing and able to do so. Therefore, if the Louisiana client has clearly expressed that he does not want to be involved in certain decisions regarding the objectives of the representation or the means by which those objectives are to be pursued, the amount of information the lawyer is required to give the client may be reduced accordingly. MR 1.4(b) requires that the lawyer keep the client informed regardless of his or her desire or ability to participate in decision making.

1.4:102      Model Code Comparison

LRPC 1.4(a) requires a lawyer to keep his client informed about the status of a matter and to honor reasonable requests for information. Although the Model Code does not specifically address the matter of a client’s request for information, certain provisions create a similar duty to keep the client informed. EC 7-8 imposes a responsibility on the attorney to assure that all decisions made by his client are informed, even if the attorney has to initiate the decision-making process himself.

LRPC 1.4(b) is similar to this provision of the Model Code. It requires the lawyer to give his or her client enough information to allow the client to participate in decision-making regarding the objectives of his representation. While the Model Code gives the attorney the burden of providing information, even when the client does not seek it, LRPC 1.4(b) requires the lawyer to give the client information to participate in decision-making only to the extent the client “is willing and able to do so.” EC 9-2 obliges an attorney to “fully and promptly” inform his clients of developments in the matters being handled for them. DR 9-102(B)(1) is another, more specific, example of the lawyer’s general duty to keep his client informed, requiring the attorney to notify his client of any receipt of funds.

1.4:200   Duty to Communicate with Client

Primary Louisiana References: LA 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

This section has not yet been completed.

1.4:300   Duty to Consult with Client

Primary Louisiana References: LA 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

This section has not yet been completed.

1.4:400   Duty to Inform the Client of Settlement Offers

Primary Louisiana References: LA Rule 1.4
Background References: ABA Model Rule 1.4, Other Jurisdictions
Commentary: ABA/BNA § 31.501, ALI-LGL §§ 31, Wolfram §§ 4.5

This section has not yet been completed.

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