Lack of communication is a leading cause of ethics violations and malpractice claims.
Good communication protects the client from making decisions based on a lack of information.
While we are all aware of how important communication is, so many attorneys still fail at it.
Poor communication methods, improper relationship management, and lack of time are all to blame.
Yet, the Texas Disciplinary Rules of Professional Conduct (TDRPC) Rule 1.03 outlines a lawyer’s duty to communicate with their client.
A lawyer should maintain communication with a client concerning the representation.
In doing so, a lawyer should be competent, prompt, and diligent.
A “Consult” or “Consultation” is often the first time someone speaks with an attorney.
Communication of information including advice in the consult must be reasonably sufficient to permit the client to appreciate the significance of the matter in question.
The Texas Lawyer’s Creed states “the conduct of a lawyer should be characterized at all times by honesty, candor, and fairness.”
Under this duty, communication with the client at every stage of the representation is covered by expectations the lawyer must meet. Lawyer’s are held to the highest standards in ethics, professionalism, diligence, and performance, communication with clients is no exception.
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