Rule 1.4 (Communication)
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COMMENT
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[4] 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, paragraph (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. Client telephone calls should be promptly returned or acknowledged. Lawyers should promptly respond to or acknowledge client communications.
The Commission's Explanation for the Proposal
Model Rule 1.4 describes a lawyer’s duty to communicate with clients, and the last sentence of Comment [4] to Model Rule 1.4 currently instructs lawyers that “[c]lient telephone calls should be promptly returned or acknowledged.” Clients, however, now communicate with lawyers in an increasing number of ways, including by email, so a lawyer’s obligation to respond to such communications exists regardless of the medium that is used. Accordingly, the Commission proposes to replace the last sentence of Comment [4] with the following language: “Lawyers should promptly respond to or acknowledge client communications.” The Commission concluded that this language more accurately describes a lawyer’s obligations in light of changes in technology and evolving methods of communication.