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Rule1.4. Communication.

????? (a) A licensed paralegal practitioner shall:

????? (a)(1)promptly inform the client of any decision or circumstancewith respect to which

the client?sinformed consent, as defined in Rule 1.0(f), is required by these Rules;

(a)(2)reasonably consult with the client about the means by whichthe client?s

objectives areto be accomplished;

(a)(3)keep the client reasonably informed about the status of the matter;

(a)(4)promptly comply with reasonable requests for information; and

(a)(5) consultwiththe client about any relevant limitation on the licensed paralegal

practitioner?sconduct when the licensed paralegal practitioner knows that the client

expectsassistance not permitted by the Licensed Paralegal Practitioner Rules of

ProfessionalConduct or other law.

(b) A licensed paralegal practitionershall explain a matter to the

extent reasonably necessary to permit the client to make informeddecisions regarding the

representation.

 

Comment

[1] Reasonablecommunication between the licensed paralegal practitioner and the?????

client is necessary for the clienteffectively to participate in the representation.

Communicatingwith Client

[2] If theseRules require that a particular decision about the representation be made by????

the client, paragraph (a)(1) requiresthat the licensed paralegal practitioner promptly ???

consult with and secure the client's consentprior to taking action unless prior discussions

with the client have resolved what actionthe client wants the licensed paralegal ???

practitioner to take. For example, a licensedparalegal practitioner who receives from

opposing counsel an offer of settlement in acivil controversy must promptly inform the ??

client of its substance unless the clienthas previously indicated that the proposal will be

acceptable or unacceptable or has authorized thelicensed paralegal practitioner to accept ?

or to reject the offer. See Rule 1.2(a).

[3] Paragraph(a)(2) requires the licensed paralegal practitioner toreasonably consult ?????

with the client about the means to be usedto accomplish the client's objectives. In some

situations?depending on both the importance ofthe action under consideration and the

feasibility of consulting with the client?thisduty will require consultation prior to taking

action. Additionally, paragraph (a)(3) requires that the licensed paralegal practitioner keep

the client reasonably informed about thestatus of the matter, such as significant

developments affecting the timing or the substanceof the representation.

[4] Alicensed paralegal practitioner?s regular communication with clients willminimize

the occasions on which a client will needto request information concerning the

representation. When a client makes a reasonablerequest for information, however,

paragraph (a)(4) requires prompt compliancewith the request, or if a prompt response is??

not feasible, that the licensed paralegalpractitioner, or a member of the licensed paralegal

practitioner's staff, acknowledge receipt of therequest and advise the client when a?

response may be expected. A licensed paralegalpractitioner should promptly respond to or

acknowledge client communications.

ExplainingMatters

[5]The clientshould have sufficient information to participate intelligently in decisions

concerning the objectives of the representationand the means by which they are to be

pursued, to the extent the client is willingand able to do so. Adequacy of communication

depends in part on the kind of advice orassistance that is involved. For example, when

there is time to explain a proposal made ina negotiation, the licensed paralegal

practitioner should review all importantprovisions with the client before proceeding to an

agreement. On the other hand, a licensedparalegal practitioner ordinarily will not be

expected to describe negotiation strategy indetail. The guiding principle is that the

licensed paralegal practitioner should fulfillreasonable client expectations for information

consistent with the duty to act in the client'sbest interests and the client's overall

requirements as to the character ofrepresentation. In certain circumstances, such as when a

licensed paralegal practitioner asks a clientto consent to a representation affected by a

conflict of interest, the client must giveinformed consent, as defined in Rule 1.0(f).

[6] Ordinarily,the information to be provided is that appropriate for a client who is a

comprehending and responsible adult. However, fullyinforming the client according to this

standard may be impracticable, for example,where the client suffers from diminished

capacity. See Rule 1.14.

 

EffectiveJanuary 16, 2019