According to Author Vincent R. Johnson, Professor of Law, St. Mary’s University School of Law, San Antonio, Texas in a 2003, article titled “Absolute and Perfect Candor” To Clients, he stresses the importance of answering the question of how often a lawyer must communicate with you.
In his article, he argues that a lawyer’s duty of candor should not require the attorney to constantly update the client as to every new piece of information in the case.
Rather, he posits that the duty imposed is one of flexibility that enables more efficient and less expensive services by the attorney.
He argues that it is a lawyer’s primary responsibility to exercise good judgment on what a lawyer should communicate and when it is appropriate.
However, in some cases, it seems clear that near-perfect candor is required.
Author Johnson points out that those are the clear-cut cases when it comes to specific issues within the representation.
This arises in legal issues such as business transactions between attorneys and clients and within the terms of specific rules relating to matters such as conflict of interest, client funds and property, contract initiation, and settlement offers and substance regarding client communications.
ARTICLE: “ABSOLUTE AND PERFECT CANDOR” TO CLIENTS, 34 St. Mary’s L. J. 737, 740-741
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