Do lawyers have a duty to inform and discuss with clients their chances of success?
what obligations do lawyers have to discuss with clients their chances of success?
if lawyers do have any obligations, could someone point me to any rules or case law regarding this? thanks!!
- BillLv 71 decade agoFavorite Answer
Yes, they absolutely do. The applicable rules will vary depending on your state, but they will be in that state's rules of Professional Responsibility/Conduct or Attorney Ethics.
In Massachusetts, for example the applicable rules of Professional Conduct would be (The applicable rule numbers are the same under the ABA model rules and in most states, language may be slightly different):
RULE 1.4 COMMUNICATION
(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
RULE 2.1 ADVISOR
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations, such as moral, economic, social, and political factors, that may be relevant to the client's situation.
If you are trying to tun this into a malpractice case, you probably will not have success. But if you feel your lawyer hasn't or isn't communicating with you, you can make a complaint to the Board of Bar Overseers. But if you are still being represented, I highly recommend you discuss this with your attorney first. Sometimes they just need a little kick in the pants. Everyone gets busy sometimes, especially lawyers.
- Anonymous1 decade ago
Nope... you lost your case and your money. There's no rule requiring them to read the future tootse.
Bottom line is a lawyer wouldn't take the case if there wasn't a small chance of success. There's no rule saying they have to give you up to date % odds as if that were even possible.
- AnonymousLv 71 decade ago
They have a legal duty to be honest with you BUT in the reality that doesn't stop them from mislead you by begin "too optimistic"... Most lawyers are very careful not to make any "promises" but they can use optimistic language that could leads you to think that he can really win the case.
The problem would be to prove what was his real intention: 1) was he/she trying to empty your bank account; 2) or was he/she honestly thinking that he/she could win your case.
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- Anonymous4 years ago
there is not any such criminal criminal duty because of the fact there is not any significant way of figuring the opportunities. maximum attorneys will supply their very own diagnosis, and a few will jack up the estimates to get the interest. you're unfastened, in spite of the undeniable fact that, to employ a lawyer who basically shrugs and says he has no guesses.