TLIE Top Tip: Sufficient Explanation
TLIE Top TipsLawyers must “explain a matter to the extent reasonably necessary” for clients to make informed decisions. The duty to explain a matter using laymens’ terms seems implied, but a lawyer with a sophisticated or experienced client may be able to use more complexity than a lawyer explaining something to a novice. Comment 5 to ABA Model Rule 1.4 describes the duty this way, “The client should have sufficient information to participate intelligently in decisions concerning the objectives of the representation and the means by which they are to be pursued, to the extent the client is willing and able to do so.” Lawyers must remain mindful that each client will have particular needs, expectations, and experience which must all be considered when explaining issues that arise in the course of representing that client.
